Oregon Disorderly Conduct and Criminal Trespass Laws (2026)

Oregon's general disorderly conduct offense is disorderly conduct in the second degree under ORS 166.025: fighting or threatening behavior, unreasonable noise, disturbing a lawful assembly, blocking traffic, a known false emergency report, or creating a hazardous or physically offensive condition, done with intent to cause public inconvenience, annoyance or alarm or recklessly creating a risk of it. It is a Class B misdemeanor (up to 6 months and a $2,500 fine), and a Class A misdemeanor (up to 364 days and $6,250) when committed within 200 feet of a funeral service the person knows is taking place.

Criminal trespass has two degrees: second degree (ORS 164.245) is a Class C misdemeanor and first degree (ORS 164.255), which covers dwellings and railroad property among other places, is a Class A misdemeanor. Oregon's criminal trespass offenses have no felony form; entering or remaining unlawfully in a building becomes a felony as burglary, which requires intent to commit a crime inside, and entering an agricultural research facility with intent to damage or take its research materials is a separate Class C felony (ORS 164.889). For other states, see our guide to disorderly conduct and trespass laws by state.

Information last verified on 2026-10-18. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers Oregon state criminal statutes on disorderly conduct (ORS 166.023 and 166.025), riot and related public-order offenses in ORS chapters 166 and 131, false reports and emergency-call offenses (ORS 162.375, 165.570, 165.572), emergency-order violations (ORS 401.990), the public intoxication preemption in ORS 430.402, and criminal trespass and burglary (ORS 164.205 to 164.278, 164.887, 164.889), with the hunting trespass rules in ORS 498.120 and 497.415. It does not cover local noise ordinances and quiet hours (see Oregon noise ordinance laws), the civil procedure for removing squatters (see Oregon squatters' rights), use of force against an intruder (see Oregon self-defense laws), harassment, city and county ordinances, civil trespass lawsuits, or federal property rules.

Disorderly conduct in the second degree: ORS 166.025

ORS 166.025 is Oregon's general disorderly conduct statute. Every form requires the same mental state: the person acts "with intent to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof." With that mental state, the person commits the crime if the person:

• (a) "Engages in fighting or in violent, tumultuous or threatening behavior";
• (b) "Makes unreasonable noise";
• (c) "Disturbs any lawful assembly of persons without lawful authority";
• (d) "Obstructs vehicular or pedestrian traffic on a public way";
• (e) "Initiates or circulates a report, knowing it to be false, concerning an alleged or impending fire, explosion, crime, catastrophe or other emergency"; or
• (f) "Creates a hazardous or physically offensive condition by any act which the person is not licensed or privileged to do."

The statute has no separate clause for swearing or offensive words; its clauses describe behavior, noise, obstruction and false reports. The noise clause does not define "unreasonable"; quiet hours and decibel limits are usually local, and our Oregon noise ordinance laws page covers them. Where fighting also involves injury, Oregon's assault laws may apply.

Penalty and the funeral enhancement

Disorderly conduct in the second degree "is a Class B misdemeanor." Under ORS 161.615(2) and 161.635(1)(b), a Class B misdemeanor is punishable by up to 6 months in jail and a fine of up to $2,500.

Subsection (2)(b) raises the grade: the offense "is a Class A misdemeanor if the crime is committed within 200 feet of the real property on which the person knows a funeral service is being conducted." A funeral service means "a burial or other memorial service for a deceased person." A Class A misdemeanor carries up to 364 days and a fine of up to $6,250 (ORS 161.615(1), 161.635(1)(a)). The statute's history shows no amendment since 2012.

Disorderly conduct in the first degree: false reports about courts and public buildings

ORS 166.023 is not a more serious version of every disorderly act. It covers one thing: initiating or circulating a report, knowing it to be false, about "an alleged hazardous substance or an alleged or impending fire, explosion, catastrophe or other emergency," and "stating that the hazardous substance, fire, explosion, catastrophe or other emergency is located in or upon a court facility or a public building," as ORS 166.360 defines those terms. The mental state is intent to cause public inconvenience, annoyance or alarm, "or knowingly creating a risk thereof."

It is a Class A misdemeanor (up to 364 days and $6,250). It "is a Class C felony if the defendant has at least one prior conviction for violating subsection (1)," which means up to 5 years and a fine of up to $125,000 (ORS 161.605(3), 161.625(1)(d)). A false emergency report about any other place can be disorderly conduct in the second degree under ORS 166.025(1)(e).

Separately, knowingly initiating a false alarm or report that is transmitted to a fire department, law enforcement agency or other organization that deals with emergencies is initiating a false report, a Class A misdemeanor (ORS 162.375). The court must order the person to repay the costs of responding to and investigating the report, and through December 31, 2026 the section requires at least 10 days in jail (at least 30 days if someone was killed or seriously injured) when a SWAT or similar team was deployed. Oregon Laws 2026, chapter 122 (House Bill 4151) makes the offense a Class C felony from January 1, 2027 when the person intentionally causes an enhanced law enforcement response and recklessly causes serious physical injury or death, and removes the mandatory jail term.

Knowingly making a 9-1-1 call, or calling the statewide tip line, for a purpose other than reporting a situation the caller reasonably believes needs prompt service to preserve life or property is improper use of the emergency communications system, a Class A misdemeanor (ORS 165.570). Intentionally preventing or hindering another person from making a report to police or an emergency call by damaging or interfering with a phone or phone line is interference with making a report, also a Class A misdemeanor (ORS 165.572).

Riot, dispersal orders and other public-order offenses

ORS chapter 166's public-order article lists riot, disorderly conduct in both degrees, harassment and related offenses. Among the offenses that overlap with disorderly conduct are these:

• Riot (ORS 166.015). A person commits riot "if while participating with five or more other persons the person engages in tumultuous and violent conduct and thereby intentionally or recklessly creates a grave risk of causing public alarm." Riot is a Class C felony: up to 5 years and a fine of up to $125,000.
• Orders to disperse (ORS 131.675). When five or more persons are unlawfully assembled, the sheriff and deputies, or the mayor or chief executive officer of a city, town or village, may command them in the name of the State of Oregon to disperse. If they do not immediately disperse, "the officer may arrest them or cause them to be arrested for any unlawful activity constituting an offense." Chapter 166 contains no separate unlawful assembly or failure-to-disperse crime; this section is a police power tied to offenses defined elsewhere.
• Interfering with public transportation (ORS 166.116). Intentionally or knowingly entering or remaining unlawfully on a transit vehicle or station is a Class C misdemeanor (a Class A misdemeanor with three or more prior convictions). Committing disorderly conduct in the second degree on a transit vehicle or at a station, interfering with service, offensive physical contact with a passenger or staff member, or using a controlled substance on a vehicle is a Class A misdemeanor.
• Interfering with a health care facility (ORS 166.119). Intentionally, knowingly or recklessly interfering with access to, or disrupting, a health care facility by obstructing passage, making noise that unreasonably disturbs the peace within the facility, trespassing on the facility or its common areas, or the other means the section lists is a Class A misdemeanor. Subsection (3)(b) provides: "Nothing in this section prohibits lawful picketing, lawful protesting or peaceful assembly, or other publicity for the purpose of providing the public with information."
• Exclusion from public property during an emergency (ORS 131.725(3)). During an emergency period the Governor proclaims under ORS 131.715, a person who has been ordered excluded or removed from public property and knowingly enters it, or remains and refuses to leave on police request, commits a Class A misdemeanor.
• Violating an emergency order (ORS 401.990). Knowingly violating an order or rule issued under Oregon's emergency management chapter, ORS chapter 401, is a Class C misdemeanor: up to 30 days and $1,250.
• Disrupting a funeral procession (ORS 811.810). Disrupting a funeral procession with a vehicle is a Class D traffic violation, not a crime; the maximum fine is $250 (ORS 153.018).

Public intoxication

ORS 430.402(1) provides that a political subdivision "shall not adopt or enforce any local law or regulation that makes any of the following an offense, a violation or the subject of criminal or civil penalties or sanctions of any kind," including "(a) Public intoxication," "(b) Public drinking, except as to places where any consumption of alcoholic beverages is generally prohibited," "(c) Drunk and disorderly conduct," and vagrancy-type offenses built on drinking or drug use. Subsection (2) keeps local laws against driving under the influence. ORS chapter 166 contains no public intoxication offense. Conduct by an intoxicated person can still fall under ORS 166.025 if it meets that statute's elements.

Camping and sitting on public property

ORS 195.530(2) requires any city or county law regulating "sitting, lying, sleeping or keeping warm and dry outdoors on public property that is open to the public" to be "objectively reasonable as to time, place and manner with regards to persons experiencing homelessness." Under subsection (3), "it is an affirmative defense to a charge of violating a city or county law described in subsection (2) of this section that the law is not objectively reasonable."

Criminal trespass in Oregon

Oregon has two degrees of criminal trespass plus several special trespass forms, all misdemeanors. Everything turns on one defined phrase.

What "enter or remain unlawfully" means, including being told to leave

For ORS 164.205 to 164.270, "enter or remain unlawfully" means:

1. "To enter or remain in or upon premises when the premises, at the time of such entry or remaining, are not open to the public and when the entrant is not otherwise licensed or privileged to do so";
2. "To fail to leave premises that are open to the public after being lawfully directed to do so by the person in charge";
3. "To enter premises that are open to the public after being lawfully directed not to enter the premises"; or
4. "To enter or remain in a motor vehicle when the entrant is not authorized to do so."

"Open to the public" means premises "which by their physical nature, function, custom, usage, notice or lack thereof or other circumstances at the time would cause a reasonable person to believe that no permission to enter or remain is required." "Premises" includes "any building and any real property, whether privately or publicly owned." So a store, office or other place open to the public becomes a trespass location for a particular person once the person in charge lawfully directs that person to leave or not to enter; private land that is not open to the public needs no such direction.

The two degrees

• Criminal trespass in the second degree (ORS 164.245). A person "enters or remains unlawfully in a motor vehicle or in or upon premises." It is a Class C misdemeanor: up to 30 days and a fine of up to $1,250 (ORS 161.615(3), 161.635(1)(c)).
• Criminal trespass in the first degree (ORS 164.255). A person (a) "enters or remains unlawfully in a dwelling"; (b) "having been denied future entry to a building pursuant to a merchants notice of trespass, reenters the building during hours when the building is open to the public with the intent to commit theft therein"; (c) "enters or remains unlawfully upon railroad yards, tracks, bridges or rights of way"; or (d) enters or remains unlawfully on premises determined not fit for use under ORS 453.855 to 453.912. It is a Class A misdemeanor: up to 364 days and $6,250. Paragraph (d) does not apply to the owner of record who notifies law enforcement, enters only to inspect, decontaminate or lawfully remove items, and has not been arrested for, charged with or convicted of an offense that contributed to the unfit-for-use determination.

Special trespass offenses

• Hotel guest overstay (ORS 164.243). A guest "commits the crime of criminal trespass in the second degree if that guest intentionally remains unlawfully in a transient lodging after the departure date of the guests reservation without the approval of the hotelkeeper." Second-degree criminal trespass is a Class C misdemeanor under ORS 164.245(2).
• Trespass with a firearm (ORS 164.265). Entering or remaining unlawfully in or upon premises while in possession of a firearm is a Class A misdemeanor.
• Trespass at a sports event (ORS 164.278). A coach, team player or spectator who engages in inappropriate behavior, is ordered by a sports official to leave, and fails to leave or returns while reentry is prohibited commits a Class C misdemeanor.
• Interfering with public transportation (ORS 166.116(1)(a)). Unlawfully entering or remaining on a transit vehicle or at a transit station, described above.
• Unlawful entry into a motor vehicle (ORS 164.272). Entering a motor vehicle, or any part of one, with intent to commit a crime is a Class A misdemeanor.
• Agricultural operations (ORS 164.887). While on another person's property where logging, forest management, mining, farming or ranching is under way, intentionally or knowingly obstructing, impairing or hindering those operations, or attempting to, is a Class A misdemeanor; the section does not apply to a party to a labor dispute with the operator or a public employee on duty.

A related felony sits next to these sections: entering an agricultural research facility with intent to damage, alter, copy or take its research records, data, materials, equipment or specimens, or the other knowing acts ORS 164.889 lists, is interference with agricultural research, a Class C felony.

Notice and posting: no purple paint

The "enter or remain unlawfully" definition does not mention signs. It turns on whether the premises are open to the public, judged by their physical nature, function, custom, usage, "notice or lack thereof" and other circumstances, and on whether the person is licensed or privileged to be there. The only sign-wording rule in ORS chapter 164 is ORS 164.270, which lets a landowner close private premises to motor-propelled vehicles with signs at the normal points of entry that are at least 8 inches high and 11 inches wide, carry the words "Closed to Motor-propelled Vehicles" (or words to that effect) in letters at least 1 inch high, show the landowner's or agent's name, business address and phone number, and stand no more than 350 yards apart. A person who rides into land closed that way without authorization is charged under ORS 164.245. Oregon's trespass, public-order and penalty chapters (164, 166 and 161) contain no purple paint provision.

Hunting on another's land

Under ORS 498.120(1), "No person shall hunt upon the cultivated or enclosed land of another without first obtaining permission from the owner or lawful occupant thereof," and prosecution may be commenced only "upon written complaint filed with a magistrate." Enclosed land's boundaries "may be indicated by wire, ditch, hedge, fence, water or by any visible or distinctive lines that indicate a separation from the surrounding or contiguous territory." A violation committed with a culpable mental state is a Class A misdemeanor under ORS 496.992(1); without a culpable mental state and without a taking, it is a Class D violation (fine of up to $250 under ORS 153.018). On a conviction under the wildlife laws, or for criminal trespass under ORS 164.245, 164.255 or 164.265 committed while hunting, angling, taking shellfish or trapping, the court may order all of the person's hunting and angling licenses, tags and permits revoked; a first revocation bars a new license for 36 months, a second for five years, and a third permanently (ORS 497.415). ORS 498.002(2) separately prohibits taking wildlife while intentionally violating ORS 164.245 to 164.270 or 498.120.

Critical infrastructure, squatting and burglary

Oregon has no stand-alone critical infrastructure trespass offense in chapters 164 or 166; trespass on railroad yards, tracks, bridges or rights of way is first-degree criminal trespass. Damaging critical infrastructure (utilities, substations, pipelines, fiber networks, wireless facilities, data centers, dams, bridges, roads, airports, marinas and rail lines) with intent to cause widespread sickness, serious injury, death or disruption of services is domestic terrorism: first degree is a Class B felony (up to 10 years) and second degree a Class C felony (ORS 166.122 to 166.128).

Staying in a dwelling without permission is first-degree criminal trespass. Separately, a 2025 law (Oregon Laws 2025, chapter 356) lets an owner or landlord recover possession from a squatter through the court eviction process after 24 hours' written notice; our Oregon squatters' rights page covers that procedure. Burglary in the second degree (ORS 164.215) is entering or remaining unlawfully in a building "with intent to commit a crime therein," a Class C felony; burglary in the first degree (ORS 164.225) adds a dwelling, being armed with a burglary tool, theft device or deadly weapon, causing or attempting physical injury, or using or threatening a dangerous weapon, and is a Class A felony (up to 20 years). For what the law allows against an intruder, see Oregon self-defense laws.

Penalty table

Oregon misdemeanor terms come from ORS 161.615 (364 days for Class A, 6 months for Class B, 30 days for Class C) and fines from ORS 161.635 ($6,250, $2,500 and $1,250). Felony maximums come from ORS 161.605 (20, 10 and 5 years for Classes A, B and C) and fines from ORS 161.625 ($375,000, $250,000 and $125,000); felony sentences are also subject to Oregon's sentencing guidelines. For the full class table, see Oregon felony classes and misdemeanor penalties.

Recent changes

• No recent change to the core sections. The disorderly conduct, riot and trespass sections on this page show no recent amendment (the latest in ORS 166.025 is from 2012), and the 2026 table of ORS sections amended lists no section from ORS 164.205 to 164.278, ORS 166.015 to 166.025, ORS 161.605 to 161.635, ORS 131.675 or ORS 430.402.
• 2024: public transportation. ORS 166.116 was last amended by Oregon Laws 2024, chapter 58.
• 2023: interfering with a health care facility. ORS 166.119 was enacted by Oregon Laws 2023, chapter 228.
• January 1, 2027 (future): false reports. House Bill 4151 (Oregon Laws 2026, chapter 122), approved by the Governor April 7, 2026, makes initiating a false report a Class C felony when the person intentionally causes an enhanced law enforcement response and recklessly causes serious physical injury or death, and removes the mandatory SWAT-response jail term from ORS 162.375, effective January 1, 2027.
• January 1, 2027 (future): theft and criminal mischief thresholds. House Bill 4041 (Oregon Laws 2026, chapter 14), approved by the Governor March 5, 2026, raises dollar thresholds in the theft statutes and in the criminal mischief sections ORS 164.354 (from more than $500 to more than $750) and ORS 164.365 (from more than $1,000 to more than $1,500) for conduct on or after January 1, 2027. The act does not amend the trespass or disorderly conduct sections.
• 2025: squatters. Oregon Laws 2025, chapter 356 (House Bill 3522) added a 24-hour written notice route for an owner or landlord to recover possession from a squatter through the eviction procedure.

Related Oregon pages

• Disorderly conduct and trespass laws by state
• Oregon noise ordinance laws and quiet hours
• Oregon felony classes and misdemeanor penalties
• Oregon squatters' rights
• Oregon self-defense laws
• Oregon assault laws
• Washington disorderly conduct and trespass laws
• How to charge someone with trespassing

Federal law separately governs conduct on federal property and at the U.S. Capitol; the disorderly conduct and trespass laws by state hub covers it.

This article provides general legal information about Oregon law, not legal advice. For advice about a specific situation, contact a lawyer licensed in Oregon.

Last updated: 2026-10-18.

Frequently Asked Questions

Is disorderly conduct a misdemeanor in Oregon?

Yes. Disorderly conduct in the second degree (ORS 166.025) is a Class B misdemeanor, up to 6 months and $2,500, or a Class A misdemeanor within 200 feet of a funeral service the person knows is being conducted. First degree (ORS 166.023), a false report about a court facility or public building, is a Class A misdemeanor and a Class C felony with a prior conviction.

Can you get disorderly conduct for yelling or swearing in Oregon?

ORS 166.025 has no clause for offensive words. Its clauses cover fighting or violent, tumultuous or threatening behavior, unreasonable noise, disturbing a lawful assembly, obstructing a public way, false emergency reports and hazardous conditions, each with intent to cause public inconvenience, annoyance or alarm or recklessly creating that risk.

Is public intoxication a crime in Oregon?

ORS chapter 166 contains no public intoxication offense, and ORS 430.402 bars cities and counties from making public intoxication, public drinking (except where consumption is generally prohibited) or drunk and disorderly conduct an offense. Conduct that meets the elements of ORS 166.025 can still be disorderly conduct.

Is trespassing a felony in Oregon?

Criminal trespass is not. Criminal trespass in the second degree is a Class C misdemeanor and first degree is a Class A misdemeanor; trespass with a firearm is also a Class A misdemeanor. Entering or remaining unlawfully in a building with intent to commit a crime is burglary, a Class C or Class A felony, and entering an agricultural research facility with intent to damage or take its research materials is a Class C felony (ORS 164.889).

What is criminal trespass in the first degree in Oregon?

Under ORS 164.255, it is entering or remaining unlawfully in a dwelling, on railroad yards, tracks, bridges or rights of way, or on premises declared unfit for use, or re-entering a store during open hours with intent to steal after a merchants notice of trespass. It is a Class A misdemeanor, up to 364 days and $6,250.

Can a store ban you in Oregon?

Under ORS 164.205(3), a person enters or remains unlawfully at premises open to the public by failing to leave after being lawfully directed to by the person in charge, or by entering after being lawfully directed not to enter. That is criminal trespass in the second degree; re-entering with intent to steal after a merchants notice of trespass is first degree.

Does Oregon have a purple paint law?

No. ORS chapters 164, 166 and 161 contain no purple paint provision. The only sign-wording rule in the trespass chapter is ORS 164.270, for closing private land to motor vehicles.

Is riot a felony in Oregon?

Yes. Under ORS 166.015, engaging in tumultuous and violent conduct while participating with five or more other persons, intentionally or recklessly creating a grave risk of public alarm, is a Class C felony punishable by up to 5 years.