RACKETEERING: DEFINITIONS AND PROVISIONS
Racketeering Exhibit[22/56 provisions triggered: provisions ranges of crimes]
ORS 166.715
Definitions for ORS 166.715 to 166.735[Racketeering activity unlawful]
As used in ORS 166.715 (Definitions for ORS 166.715 to 166.735) to 166.735 (Short title), unless the context requires otherwise:
(1)“Documentary material” means any book, paper, document, writing, drawing, graph, chart, photograph, phonograph record, magnetic tape, computer printout, other data compilation from which information can be obtained or from which information can be translated into usable form, or other tangible item.[like recordings of public servants creating public records: including: emails, public announcements, Facebook posts etc.]
(2)“Enterprise” includes any individual, sole proprietorship, partnership, corporation, business trust or other profit or nonprofit legal entity, and includes any union, association or group of individuals associated in fact although not a legal entity, and both illicit and licit enterprises and governmental and nongovernmental entities.
(3)“Investigative agency” means the Department of Justice or any district attorney.
(4)“Pattern of racketeering activity” means engaging in at least two incidents of racketeering activity that have the same or similar intents, results, accomplices, victims or methods of commission or otherwise are interrelated by distinguishing characteristics, including a nexus to the same enterprise, and are not isolated incidents, provided at least one of such incidents occurred after November 1, 1981, and that the last of such incidents occurred within five years after a prior incident of racketeering activity. Notwithstanding ORS 131.505 (Definitions for ORS 131.505 to 131.525) to 131.525 (Previous prosecution) or 419A.190 (Effect of adjudicatory hearing or admission) or any other provision of law providing that a previous prosecution is a bar to a subsequent prosecution, conduct that constitutes an incident of racketeering activity may be used to establish a pattern of racketeering activity without regard to whether the conduct previously has been the subject of a criminal prosecution or conviction or a juvenile court adjudication, unless the prosecution resulted in an acquittal or the adjudication resulted in entry of an order finding the youth not to be within the jurisdiction of the juvenile court.
(5)“Person” means any individual or entity capable of holding a legal or beneficial interest in real or personal property.[interest: continued employment, avoiding legal detriment]
(6)“Racketeering activity” includes conduct of a person committed both before and after the person attains the age of 18 years, and means to commit, to attempt to commit, to conspire to commit, or to solicit, coerce or intimidate another person to commit:
(a)Any conduct that constitutes a crime, as defined in ORS 161.515 (“Crime” described), under any of the following provisions of the Oregon Revised Statutes:
(A)ORS 59.005 (Short title) to 59.505 (Provision of records to law enforcement and certain state agencies), 59.710 (Definitions for ORS 59.710 to 59.830) to 59.830 (Self-incrimination by witness), 59.991 (Criminal penalties for ORS 59.005 to 59.505 and 59.710 to 59.830) and 59.995 (Civil penalties for ORS 59.005 to 59.505 and 59.710 to 59.830), relating to securities;
(B)ORS 162.015 (Bribe giving), 162.025 (Bribe receiving) and 162.065 (Perjury) to 162.085 (Unsworn falsification), relating to bribery and perjury;
See: 131.602 Prohibited conduct exhibit.
>>162.065 Perjury: (1)A person commits the crime of perjury if the person makes a false sworn statement or a false unsworn declaration in regard to a material issue[natural rights], knowing it to be false.[official acts, are acts performed under sworn oaths: statements include omissions]
False swearing:(1)A person commits the crime of false swearing if the person makes a false sworn statement or a false unsworn declaration, knowing it to be false.[the judge can decide who has rights absent due process; Governor is your boss(speaking to a private person)]
Unsworn falsification:(1)A person commits the crime of unsworn falsification if the person knowingly makes any false written statement to a public servant in connection with an application for any benefit.[declaring under oath to uphold and enforce the laws, then refusing or failing to do so: DPSST applicants]
(C)ORS 162.235 (Obstructing governmental or judicial administration), 162.265 (Bribing a witness) to 162.305 (Tampering with public records), 162.325 (Hindering prosecution), 162.335 (Compounding), 162.355 (Simulating legal process) and 162.365 (Criminal impersonation of a public servant), relating to obstructing governmental administration;
>>162.235: Obstructing governmental or judicial administration:
(1)A person commits the crime of obstructing governmental or judicial administration if the person:
(a)Intentionally obstructs, impairs or hinders the administration of law or other governmental or judicial function by means of intimidation, force, physical or economic interference or obstacle;[false arrest, omitting facts in reports, disregard for justification laws, malicious acts, wanton behavior, officious behavior, fraud, deceit, retaliation, refusal of service, denial of access]
(b)With intent to defraud, engages in the business of or acts in the capacity of a notary public as defined in ORS 194.215 (Definitions) without having received a commission as a notary public from the Secretary of State; or
(c)With intent to defraud, engages in the business of or acts in the capacity of an immigration consultant, as defined in ORS 9.280 (Prohibition on acting as immigration consultant), in violation of ORS 9.160 (Bar membership required to practice law).
(2)This section shall not apply to the obstruction of unlawful governmental or judicial action or interference with the making of an arrest.[the fact that section (2) states that it SHALL NOT APPLY to referenced conduct, mean one must be able to read and comprehend that which would constitute UNLAWFUL GOVERNMENTAL or JUDICIAL ACTION]
(D)ORS 162.405 (Official misconduct in the second degree) to 162.425 (Misuse of confidential information), relating to abuse of public office;
See: 131.602 Prohibited conduct exhibit.
Misuse of confidential information: (1)A public servant commits the crime of misuse of confidential information if in contemplation of official action by the public servant or by a governmental unit with which the public servant is associated, or in reliance on information to which the public servant has access in an official capacity and which has not been made public, the public servant acquires or aids another in acquiring a pecuniary interest in any property, transaction or enterprise which may be affected by such information or official action.[such as circulating private medical information amongst the county, and then using such information to conspire to kidnap, extort, and red flag me: Washington County: I have the document]
(E)ORS 162.455 (Interfering with legislative operations), relating to interference with legislative operation;
(F)ORS 163.095 (“Aggravated murder” defined) to 163.115 (Murder in the second degree), 163.118 (Manslaughter in the first degree), 163.125 (Manslaughter in the second degree) and 163.145 (Criminally negligent homicide), relating to criminal homicide;
(G)ORS 163.160 (Assault in the fourth degree) to 163.205 (Criminal mistreatment in the first degree), relating to assault and related offenses;
>>163.165: Assault in the third degree:
(1)A person commits the crime of assault in the third degree if the person:
(a)Recklessly causes serious physical injury to another by means of a deadly or dangerous weapon;[attempt: completion of crime not required]
(b)Recklessly causes serious physical injury to another under circumstances manifesting extreme indifference to the value of human life;
(c)Recklessly causes physical injury to another by means of a deadly or dangerous weapon under circumstances manifesting extreme indifference to the value of human life;[assaulting someone because they won’t wear a mask that doesn’t work for the circumstances claimed]
>>163.187: Strangulation:
(1)A person commits the crime of strangulation if the person knowingly impedes the normal breathing or circulation of the blood of another person by:
(a)Applying pressure on the throat, neck or chest of the other person; or
(b)Blocking the nose or mouth of the other person.[masks by default, impede normal breathing]
(2)Subsection (1) of this section does not apply to legitimate medical or dental procedures or good faith practices of a religious belief.[legitimate medical procedures REQUIRE informed CONSENT]
(4)Notwithstanding subsection (3) of this section, strangulation is a Class C felony if:
(a)The crime is committed in the immediate presence of, or is witnessed by, the person’s or the victim’s minor child or stepchild or a minor child residing within the household of the person or the victim;
(b)The victim is under 10 years of age;
(c)The victim is a family or household member, as defined in ORS 135.230 (Definitions for ORS 135.230 to 135.290), of the person;
(d)During the commission of the crime, the person used, attempted to use or threatened to use a dangerous or deadly weapon, as those terms are defined in ORS 161.015 (General definitions), unlawfully against another;
(5)For purposes of subsection (4)(a) of this section, a strangulation is witnessed if the strangulation is seen or directly perceived in any other manner by the child.[this provision, CANNOT be avoided, both by mandatory reporting requirements, and because the mask mandate, APPLIED TO SCHOOLS, and they saw FAMILY forced to wear them, or be arrested, assaulted, and degraded: textbook child abuse]
(H)ORS 163.225 (Kidnapping in the second degree) and 163.235 (Kidnapping in the first degree), relating to kidnapping;
>>Kidnapping in the second degree:
(1)A person commits the crime of kidnapping in the second degree if, with intent to interfere substantially with another’s personal liberty, and without consent or legal authority, the person:
(a)Takes the person from one place to another;[de minimis crime, distance taken without consent is irrelevant: too trivial or minor to merit consideration, especially in law]
>>163.235: Kidnapping in the first degree:
(1)A person commits the crime of kidnapping in the first degree if the person violates ORS 163.225 (Kidnapping in the second degree) with any of the following purposes:
(a)To compel any person to pay or deliver money or property as ransom;
(b)To hold the victim as a shield or hostage;[jail: bail: release order created by fraud]
(c)To cause physical injury to the victim;
(d)To terrorize the victim or another person[victims child(ren)/family];[kidnapping, extortion, release under threat and after delivery of ransom money under color of law: with reckless negligence for the laws, intentionally retaliating to establish a pattern of conduct by omission of duty and material facts, that creates a false perception of the officers authority, competence, and intent]
Proving intent to terrorize victim requires showing use of force or threat beyond what is required to prove that action was without consent. State v. Swaggerty, 15 Or App 343, 515 P2d 952 (1973)[intent to interfere established by refusal of duties after having signed for 5 forms of notice of duties, not including in person: 1. Police FTM, 2. Dept Policy, 3. Code of Ethics, 4. Crit & Essential tasks and functions, 5. oath]
Where evidence demonstrated that defendant intended to interfere substantially with personal liberty of each of his victims and jury found that separate intent to kidnap existed beyond intent to commit robbery, conviction for each charge of kidnapping was proper. State v. Dinkel, 49 Or App 917, 621 P2d 626 (1980)[intent to interfere established by refusal of duties after having signed for 5 forms of notice of duties, not including in person: 1. Police FTM, 2. Dept Policy, 3. Code of Ethics, 4. Crit & Essential tasks and functions, 5. oath]
Legislative intent is that there may be separate conviction and sentence for kidnapping only when it is not incidental to another crime, and it may be found not to be incidental if defendant had intent to interfere substantially with victim's personal liberty. State v. Garcia, 288 Or 413, 605 P2d 671 (1980); State v. Thomas, 139 Or App 308, 911 P2d 1237 (1996), Sup Ct review denied[intent to interfere established by refusal of duties after having signed for 5 forms of notice of duties, not including in person: 1. Police FTM, 2. Dept Policy, 3. Code of Ethics, 4. Crit & Essential tasks and functions, 5. oath]
Where defendant contained victim to room in defendant's house and two other individuals knew of victim's location but individuals were not inclined to help victim, victim was held in "place where the person is not likely to be found," which means found by individual who could reasonably be expected to help victim and not found by just any individual at all. State v. Kawamoto, 273 Or App 241, 359 P3d 305 (2015)[cannot reasonably expect to help someone falsely arrested and kidnapped held in Jail facility]
(I)ORS 163.275 (Coercion), relating to coercion;
>>163.275: Coercion:
(1)A person commits the crime of coercion when the person compels or induces another person to engage in conduct from which the other person has a legal right to abstain, or to abstain from engaging in conduct in which the other person has a legal right to engage, by means of instilling in the other person a fear that, if the other person refrains from the conduct compelled or induced or engages in conduct contrary to the compulsion or inducement, the actor or another will:
(a)Unlawfully cause physical injury to some person;[by engaging in rights(conduct): rights do not/cannot cause injury: one’s rights end where another's begin]
(b)Unlawfully cause physical injury to some animal;
(c)Unlawfully cause damage to property;[by engaging in rights(conduct): rights do not/cannot cause injury: one’s rights end where another's begin]
(d)Engage in conduct constituting a crime;[by engaging in rights(conduct): rights do not/cannot cause injury/crime: one’s rights end where another's begin]
(e)Falsely accuse some person of a crime or cause criminal charges to be instituted against the person;[by engaging in rights(conduct): rights do not/cannot cause injury/crime: one’s rights end where another's begin]
(f)Cause or continue a strike, boycott or other collective action injurious to some person’s business, except that such a threat is not deemed coercive when the act or omission compelled is for the benefit of the group in whose interest the actor purports to act;
(g)Testify falsely or provide false information or withhold testimony or information with respect to another’s legal claim or defense;[committing perjury] or
(h)Unlawfully use or abuse the person’s position as a public servant by performing some act within or related to official duties, or by failing or refusing to perform an official duty, in such manner as to affect some person adversely.[“interpreting the law” to fit your desired acts, rather than those required to be executed by the statutes defining the office: SHERIFFS, DA’s, ATTORNEYS, JUDGES, POLICE, GOVERNOR, OHA DIRECTOR, CJ WALTERS]
(J)ORS 163.665 (Definitions) to 163.693 (Failure to report child pornography), relating to sexual conduct of children;
(K)ORS 164.015 (“Theft” described), 164.043 (Theft in the third degree), 164.045 (Theft in the second degree), 164.055 (Theft in the first degree), 164.057 (Aggravated theft in the first degree), 164.075 (Extortion) to 164.095 (Theft by receiving), 164.098 (Organized retail theft), 164.125 (Theft of services), 164.135 (Unauthorized use of a vehicle), 164.140 (Criminal possession of rented or leased personal property), 164.215 (Burglary in the second degree), 164.225 (Burglary in the first degree) and 164.245 (Criminal trespass in the second degree) to 164.270 (Closure of premises to motor-propelled vehicles), relating to theft, burglary, criminal trespass and related offenses;
See: 131.602 Prohibited conduct exhibit.
>>162.245: Criminal trespass in the second degree:
(1)A person commits the crime of criminal trespass in the second degree if the person enters or remains unlawfully in a motor vehicle or in or upon premises.[entering public body building, as public servant, with intent to refuse duties, ie: coercion]
>>162.265: Criminal trespass while in possession of a firearm:
(1)A person commits the crime of criminal trespass while in possession of a firearm who, while in possession of a firearm, enters or remains unlawfully in or upon premises.[entering public body building[police dept, Sheriff’s office, court], as public servant, with intent to refuse duties, ie: coercion, with a firearm]
(L)ORS 164.315 (Arson in the second degree) to 164.335 (Reckless burning), relating to arson and related offenses;
See: 131.602 Prohibited conduct exhibit.
(M)ORS 164.345 (Criminal mischief in the third degree) to 164.365 (Criminal mischief in the first degree), relating to criminal mischief;
>>164.345: Criminal mischief in the third degree:
(1)A person commits the crime of criminal mischief in the third degree if, with intent to cause substantial inconvenience to the owner or to another person, and having no right to do so nor reasonable ground to believe that the person has such right, the person tampers or interferes with property of another.[reasonable ground cannot be maintained with equally or greater conflicting material facts: officers have no reasonable ground to interfere with rights absent crime: exercise of rights cannot be converted into a crime]
>>164.354: Criminal mischief in the second degree:
(1)A person commits the crime of criminal mischief in the second degree if:
(a)The person violates ORS 164.345 (Criminal mischief in the third degree), and as a result thereof, damages property in an amount exceeding $500;[$5,000 bail] or
(b)Having no right to do so nor reasonable ground to believe that the person has such right, the person intentionally damages property of another, or, the person recklessly damages property of another in an amount exceeding $500.[reasonable ground cannot be maintained with equally or greater conflicting material facts: officers have no reasonable ground to interfere with rights absent crime: exercise of rights cannot be converted into a crime]
>>164.365: Criminal mischief in the first degree:
(1)A person commits the crime of criminal mischief in the first degree who, with intent to damage property, and having no right to do so nor reasonable ground to believe that the person has such right:
(a)Damages or destroys property of another:
(A)In an amount exceeding $1,000;
(F)By intentionally interfering with, obstructing or adulterating in any manner the service of a public utility, telecommunications carrier, railroad, public transportation facility or medical facility;[withholding/ COMPELLING/INDUCING services[coercion] by forcing tests and masks in violating of patients rights, commerce laws, equal protections, falsifying business records etc] or
(b)Intentionally uses, manipulates, arranges or rearranges the property[masks, tests, money] of a public utility, telecommunications carrier, railroad, public transportation facility or medical facility used in direct service to the public so as to interfere with its efficiency.[withholding/ COMPELLING/INDUCING services[coercion] by forcing tests and masks in violating of patients rights, commerce laws, equal protections, falsifying business records etc]
(N)ORS 164.395 (Robbery in the third degree) to 164.415 (Robbery in the first degree), relating to robbery;
See: 131.602 Prohibited conduct exhibit.
(O)ORS 164.865 (Unlawful sound recording), 164.875 (Unlawful videotape recording) and 164.868 (Unlawful labeling of a sound recording) to 164.872 (Unlawful labeling of a videotape recording), relating to unlawful recording or labeling of a recording;
(P)ORS 165.007 (Forgery in the second degree) to 165.022 (Criminal possession of a forged instrument in the first degree), 165.032 (Criminal possession of a forgery device) to 165.042 (Fraudulently obtaining a signature) and 165.055 (Fraudulent use of a credit card) to 165.070 (Possessing fraudulent communications device), relating to forgery and related offenses;
See: 131.602 Prohibited conduct exhibit.
(Q)ORS 165.080 (Falsifying business records) to 165.109 (Failing to maintain a cedar purchase record), relating to business and commercial offenses;
See: 131.602 Prohibited conduct exhibit.
(R)ORS 165.540 (Obtaining contents of communications) and 165.555 (Unlawful telephone solicitation of contributions for charitable purposes), relating to communication crimes;
>>165.540: Obtaining contents of communications:
(5)The prohibitions in subsection (1)(c) of this section do not apply to:
(a)A person who records a conversation during a felony that endangers human life;[officers exposed committing coercion: retaliation by officers often results in danger to life]
(b)A person who records a conversation in which a law enforcement officer is a participant, if:
(A)The recording is made while the officer is performing official duties;[if the officer is “on duty”]
(B)The recording is made openly and in plain view of the participants in the conversation;[in any publicly accessible space with unrestricted access, and the device is not hidden]
(C)The conversation being recorded is audible to the person by normal unaided hearing; and
(D)The person is in a place where the person lawfully may be;[in any publicly accessible space with unrestricted access: any place by invitation: you may lawfully be in a court]
(c)(A) A person who, pursuant to ORS 133.400 (Recording of custodial interviews of adults), records an interview conducted by a peace officer in a law enforcement facility; or
(B)A person who, pursuant to ORS 133.402 (Recording of custodial interviews of juveniles), records a custodial interview, as defined ORS 133.402 (Recording of custodial interviews of juveniles);
(d)A law enforcement officer who is in uniform and displaying a badge and who is operating:
(A)A vehicle-mounted video camera that records the scene in front of, within or surrounding a police vehicle, unless the officer has reasonable opportunity to inform participants in the conversation that the conversation is being obtained; or
(B)A video camera worn upon the officer’s person that records the officer’s interactions with members of the public while the officer is on duty, unless:
(i)The officer has an opportunity to announce at the beginning of the interaction that the conversation is being obtained; and
(ii)The announcement can be accomplished without causing jeopardy to the officer or any other person and without unreasonably impairing a criminal investigation;[FAILING to inform at the beginning, without officer’s safety or investigation being jeopardized, is coercion: “(h)Unlawfully use or abuse the person’s position as a public servant by performing some act within or related to official duties, or by failing or refusing to perform an official duty, in such manner as to affect some person adversely.”]
[duty to OBEY ALL LAWS: failed: coercion: racketeering]
Example: Eugene Police Department
103.5.4 ADHERENCE TO LAWS AND DEPARTMENT POLICY
Department employees must adhere to all laws and to the policies and procedures of
the department. The following items are some specific provisions that if violated may
result in disciplinary action. This list does not encompass all the laws and standards
that employees must follow. Employees must:
a. Comply with all laws and statutes, city, state and federal, and court orders,
criminal or civil.
b. Promptly and fully report to the employee’s immediate supervisor activities that
have resulted in official contact by this or any other law enforcement agency,
where-in the employee was the focus of the contact as a witness, complainant,
or had any other material involvement in the contact.
c. Promptly and fully report to the employee’s direct supervisor any time where
they were acting in the capacity of a police officer, outside of work.
d. Employees must adhere to the provisions of this manual, City of Eugene policy,
and all other written directives. Employees who violate any of the listed policies
and procedures may be required to explain their actions.
e. Comply with Title 18 of the U.S. Code (USC), if they are a sworn officer,
employees must immediately notify their supervisor if:
1. They are arrested or cited for a misdemeanor crime of domestic
violence as defined in 18 USC§921(a)(33); or‚
2. They are the subject of a court order meeting the requirements
of 18 USC §922(g)(8) which restrains sworn officers from
harassing, stalking, or threatening an intimate partner, as defined
in 18 USC §921(a)(32).
103.5.5.2 RETALIATION IN THE COMMUNITY
In order to maintain community credibility, it is essential that community
members do not fear retaliation by EPD employees. Any form of retaliation
against a community member is prohibited. Examples of actions that may
constitute explicit or implicit retaliation in the community include, but are not
limited to:
a. An employee issuing a citation to or taking other action against a
community member for:
1. Exercising their legal rights.
2. Reporting or making a claim of misconduct regarding an
employee.
3. Questioning the legality of an employee’s actions.
4. Asking for an employee’s name, business card, and or badge
number.
5. Based on perception of protected class.
(S)ORS 166.180 (Negligently wounding another), 166.190 (Pointing firearm at another), 166.220 (Unlawful use of weapon), 166.250 (Unlawful possession of firearms), 166.270 (Possession of weapons by certain felons), 166.275 (Possession of weapons by inmates of institutions), 166.410 (Manufacture, importation or sale of firearms), 166.450 (Obliteration or change of identification number on firearms) and 166.470 (Limitations and conditions for sales of firearms), relating to firearms and other weapons;
See: 131.602 Prohibited conduct exhibit.
(T)ORS 164.377 (Computer crime) (2) to (4), as punishable under ORS 164.377 (Computer crime) (5)(b), 167.007 (Prostitution) to 167.017 (Compelling prostitution), 167.057 (Luring a minor), 167.062 (Sadomasochistic abuse or sexual conduct in live show) to 167.080 (Displaying obscene materials to minors), 167.090 (Publicly displaying nudity or sex for advertising purposes), 167.122 (Unlawful gambling in the second degree) to 167.137 (Possession of gambling records in the first degree), 167.147 (Possession of a gambling device), 167.164 (Possession of a gray machine), 167.167 (Cheating), 167.212 (Tampering with drug records), 167.355 (Involvement in animal fighting), 167.365 (Dogfighting), 167.370 (Participation in dogfighting), 167.428 (Cockfighting), 167.431 (Participation in cockfighting) and 167.439 (Forcible recovery of a fighting bird), relating to prostitution, obscenity, sexual conduct, gambling, computer crimes involving the Oregon State Lottery, animal fighting, forcible recovery of a fighting bird and related offenses;
See: 131.602 Prohibited conduct exhibit.
(U)ORS 171.990 (Penalty for witness failing to appear or to give testimony in legislative proceeding), relating to legislative witnesses;
(V)ORS 260.575 (Use of threats and intimidation for purpose of extorting money) and 260.665 (Undue influence to affect registration, voting, candidacy, signing petitions), relating to election offenses;
>>260.665: Undue influence to affect registration, voting, candidacy, signing petitions:
(1)As used in this section, “undue influence” means force, violence, restraint or the threat of it, inflicting injury, damage, harm, loss of employment or other loss or the threat of it, or giving or promising to give money, employment or other thing of value.
(2)A person, acting either alone or with or through any other person, may not directly or indirectly subject any person to undue influence with the intent to induce any person to:
(a)Register or vote;[Paul Romero: the police back me, if you vote for me, WHEN I get into office, THEN I will make sure the Sheriff’s do their duties: conspiracy to racketeer until and unless Paul joins the enterprise he is endeavoring to join]
(b)Refrain from registering or voting;
(c)Register or vote in any particular manner;[Paul Romero: the police back me, if you vote for me, WHEN I get into office, THEN I will make sure the Sheriff’s do their duties: conspiracy to racketeer until and unless Paul joins the enterprise he is endeavoring to join]
(d)Be or refrain from or cease being a candidate;
(e)Contribute or refrain from contributing to any candidate, political party or political committee;
(f)Render or refrain from rendering services to any candidate, political party or political committee;[Paul Romero: the police back me, if you vote for me, WHEN I get into office, THEN I will make sure the Sheriff’s do their duties: conspiracy to racketeer until and unless Paul joins the enterprise he is endeavoring to join]
(g)Challenge or refrain from challenging a person offering to vote;
(h)Apply or refrain from applying for a ballot as an absent elector; or
(i)Sign or refrain from signing a prospective petition or an initiative, referendum, recall or candidate nominating petition.
(W)ORS 314.075 (Evading requirements of law prohibited), relating to income tax;
(X)ORS 180.440 (Prohibited conduct) (2) and 180.486 (Prohibited conduct) (2) and ORS chapter 323, relating to cigarette and tobacco products taxes and the directories developed under ORS 180.425 (Attorney General’s directory) and 180.477 (Attorney General’s directory);
(Y)ORS 411.630 (Unlawfully obtaining public assistance or medical assistance), 411.675 (Submitting wrongful claim for payment of public assistance or medical assistance), 411.690 (Liability of person wrongfully receiving payment of public assistance or medical assistance) and 411.840 (Unlawfully obtaining or disposing of supplemental nutrition assistance), relating to public assistance payments or medical assistance benefits, and ORS 411.990 (Penalties) (2) and (3);
(Z)ORS 462.140 (Prohibitions concerning bookmaking, betting), 462.415 (Animals prohibited from racing) and 462.420 (Stimulating or depressing participating animal prohibited) to 462.520 (Penalty for falsely using name of racing official as source of information in commission of touting), relating to racing;
(AA)ORS 463.995 (Penalties), relating to entertainment wrestling and unarmed combat sports, as defined in ORS 463.015 (Definitions);
(BB)ORS 471.305 (Delivery of alcoholic beverages), 471.360 (Service permit required), 471.392 (Definitions for ORS 471.392 to 471.400) to 471.400 (Exceptions to prohibition of financial assistance), 471.403 (License required to produce alcoholic liquor), 471.404 (Importing liquor without license prohibited), 471.405 (Prohibited sales, purchases, possession, transportation, importation or solicitation in general), 471.425 (Misrepresentations by licensee and others), 471.442 (Wine compliance with standards), 471.445 (Use of misleading mark or label on container), 471.446 (Seals on wine and cider containers), 471.485 (Payment required on or before delivery of liquor), 471.490 (Delivery or acceptance of instrument drawn upon insufficient funds or not payable according to terms) and 471.675 (Resisting arrest or interfering with enforcement), relating to alcoholic liquor, and any of the provisions of ORS chapter 471 relating to licenses issued under the Liquor Control Act;
(CC)ORS 475B.010 (Short title) to 475B.545 (Severability of ORS 475B.010 to 475B.545), relating to marijuana items as defined in ORS 475B.015 (Definitions for ORS 475B.010 to 475B.545);
(DD)ORS 475.005 (Definitions for ORS 475.005 to 475.285 and 475.752 to 475.980) to 475.285 (Short title) and 475.752 (Prohibited acts generally) to 475.980 (Affirmative defense to ORS 475.969, 475.971, 475.975 (1) and 475.976 (1)), relating to controlled substances;
(EE)ORS 480.070 (Fire bombs prohibited), 480.210 (Certificate, license or permit required), 480.215 (Transfer of explosives limited), 480.235 (Waiting period for issuance of certificate of possession) and 480.265 (Report of loss, theft or unlawful removal of explosives required), relating to explosives;
(FF)ORS 819.010 (Failure to comply with requirements for destruction of vehicle), 819.040 (Illegal salvage procedures), 822.100 (Conducting a motor vehicle dismantling business without a certificate), 822.135 (Improperly conducting motor vehicle dismantling business) and 822.150 (Failure to return revoked, canceled or suspended certificate or identification card), relating to motor vehicles;
(GG)ORS 658.452 (Prohibitions relating to discharge of or discrimination against employee) or 658.991 (Criminal penalties) (2) to (4), relating to labor contractors;
(HH)ORS chapter 706, relating to banking law administration;
(II)ORS chapter 714, relating to branch banking;
(JJ)ORS chapter 716, relating to mutual savings banks;
(KK)ORS chapter 723, relating to credit unions;
(LL)ORS chapter 726, relating to pawnbrokers;
(MM)ORS 166.382 (Possession of destructive device prohibited) and 166.384 (Unlawful manufacture of destructive device), relating to destructive devices;
(NN)ORS 165.074 (Unlawful factoring of payment card transaction);
(OO)ORS 86A.095 (Short title) to 86A.198 (Materials in languages other than English), relating to mortgage bankers and mortgage brokers;
(PP)ORS chapter 496, 497 or 498, relating to wildlife;
(QQ)ORS 163.355 (Rape in the third degree) to 163.427 (Sexual abuse in the first degree), relating to sexual offenses;
(RR)ORS 166.015 (Riot), relating to riot;
>>166.015: Riot:
(1)A person commits the crime of 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[opposite of safe] of causing public alarm.
[The sheriff is the chief executive officer and conservator of the peace of the county. In the execution of the office of sheriff, it is the sheriff’s duty to:
(1)Arrest and commit to prison all persons who break the peace, or attempt to break it, and all persons guilty of public offenses.
(2)Defend the county against those who, by riot or otherwise, endanger the public peace or safety.]
[duty to arrest: failure/refusal of duty: acquiescence in conduct: criminal liability for conduct of another: governor cannot execute all laws faithfully, and order sheriff’s or police to “stand down” and allow riots][nor can the Governor order the Sheriff’s to do anything EXCEPT enforce the law, when they are not doing so]
[Article 5 Section 10: Oregon Constitution
Governor to See Laws Executed:
He shall take care that the Laws be faithfully executed.]
(SS)ORS 166.155 (Bias crime in the second degree) and 166.165 (Bias crime in the first degree), relating to bias crimes;
>>166.155: Bias crime in the second degree:
(1)A person commits a bias crime in the second degree if the person:
(a)Tampers or interferes with property, having no right to do so nor reasonable ground to believe that the person has such right, with the intent to cause substantial inconvenience to another person because of the person’s perception of the other person’s race, color, religion, gender identity, sexual orientation, disability or national origin;[maskholes: perception of religion re: conscience, the ability to discern what is right and reasonable: cannot be forced into believing lies: acts based on lies are not what my religion/conscience dictates]
(b)Intentionally subjects another person to offensive physical contact because of the person’s perception of the other person’s race, color, religion, gender identity, sexual orientation, disability or national origin;[assault: false arrest/kidnapping] or
(c)Intentionally, because of the person’s perception of race, color, religion, gender identity, sexual orientation, disability or national origin of another person or of a member of the other person’s family, subjects the other person to alarm by threatening:
(A)To inflict serious physical injury upon or to commit a felony affecting the other person, or a member of the other person’s family;[assault, coercion, extortion, kidnapping: felonies] or
(B)To cause substantial damage to the property of the other person or of a member of the other person’s family.[finances: self: property]
(b)“Property” means any tangible personal property or real property.[money, body]
(TT)ORS chapter 696, relating to real estate and escrow;
(UU)ORS chapter 704, relating to outfitters and guides;
(VV)ORS 165.692 (Making false claim for health care payment), relating to making a false claim for health care payment;
>>165.692: Making false claim for health care payment:
A person commits the crime of making a false claim for health care payment when the person:
(1)Knowingly makes or causes to be made a claim for health care payment that contains any false statement or false representation of a material fact in order to receive a health care payment;[false statements: “patients rights observed” yet denied{see 431.180, 431a.015, 21 usc 360bbb-3, 42 usc 1395cc(f)}: masking and testing required to access services: extortion: racketeering] or
(2)Knowingly conceals from or fails to disclose to a health care payor the occurrence of any event or the existence of any information with the intent to obtain a health care payment to which the person is not entitled, or to obtain or retain a health care payment in an amount greater than that to which the person is or was entitled.[no entitlement to claims arising from deprivation of rights: billing fraud: unnecessary, unwanted, forced tests and masks: NUREMBERG CODE]
(WW)ORS 162.117 (Public investment fraud), relating to public investment fraud;
See: 131.602 Prohibited conduct exhibit.
(XX)ORS 164.170 (Laundering a monetary instrument) or 164.172 (Engaging in a financial transaction in property derived from unlawful activity);
See: 131.602 Prohibited conduct exhibit.
(YY)ORS 647.140 (Trademark counterfeiting in third degree), 647.145 (Trademark counterfeiting in second degree) or 647.150 (Trademark counterfeiting in first degree), relating to trademark counterfeiting;
(ZZ)ORS 164.886 (Unlawful tree spiking);
(AAA) ORS 167.312 (Research and animal interference) and 167.388 (Interference with livestock production);
(BBB) ORS 164.889 (Interference with agricultural research);
(CCC) ORS 165.800 (Identity theft); or
See: 131.602 Prohibited conduct exhibit.
(DDD) ORS 163.263 (Subjecting another person to involuntary servitude in the second degree), 163.264 (Subjecting another person to involuntary servitude in the first degree) or 163.266 (Trafficking in persons).
(b)Any conduct defined as “racketeering activity” under 18 U.S.C. 1961 (1)(B), (C), (D) and (E).[18 usc mentioned in EPD policy 103.5.4(e)]
See: 131.602 Prohibited conduct exhibit.
>>18 U.S.C. 1961 (1)(B), (C), (D) and (E)
>>(B) any act which is indictable under any of the following provisions of title 18, United States Code: Section 201 (relating to bribery), section 224 (relating to sports bribery), sections 471, 472, and 473 (relating to counterfeiting), section 659 (relating to theft from interstate shipment) if the act indictable under section 659 is felonious, section 664 (relating to embezzlement from pension and welfare funds), sections 891–894 (relating to extortionate credit transactions), section 1028 (relating to fraud and related activity in connection with identification documents), section 1029 (relating to fraud and related activity in connection with access devices), section 1084 (relating to the transmission of gambling information), section 1341 (relating to mail fraud), section 1343 (relating to wire fraud), section 1344 (relating to financial institution fraud), section 1351 (relating to fraud in foreign labor contracting), section 1425 (relating to the procurement of citizenship or nationalization unlawfully), section 1426 (relating to the reproduction of naturalization or citizenship papers), section 1427 (relating to the sale of naturalization or citizenship papers), sections 1461–1465 (relating to obscene matter), section 1503 (relating to obstruction of justice), section 1510 (relating to obstruction of criminal investigations), section 1511 (relating to the obstruction of State or local law enforcement), section 1512 (relating to tampering with a witness, victim, or an informant), section 1513 (relating to retaliating against a witness, victim, or an informant), section 1542 (relating to false statement in application and use of passport), section 1543 (relating to forgery or false use of passport), section 1544 (relating to misuse of passport), section 1546 (relating to fraud and misuse of visas, permits, and other documents), sections 1581–1592 (relating to peonage, slavery, and trafficking in persons).,1 sections 1831 and 1832 (relating to economic espionage and theft of trade secrets), section 1951 (relating to interference with commerce, robbery, or extortion), section 1952 (relating to racketeering), section 1953 (relating to interstate transportation of wagering paraphernalia), section 1954 (relating to unlawful welfare fund payments), section 1955 (relating to the prohibition of illegal gambling businesses), section 1956 (relating to the laundering of monetary instruments), section 1957 (relating to engaging in monetary transactions in property derived from specified unlawful activity), section 1958 (relating to use of interstate commerce facilities in the commission of murder-for-hire), section 1960 (relating to illegal money transmitters), sections 2251, 2251A, 2252, and 2260 (relating to sexual exploitation of children), sections 2312 and 2313 (relating to interstate transportation of stolen motor vehicles), sections 2314 and 2315 (relating to interstate transportation of stolen property), section 2318 (relating to trafficking in counterfeit labels for phonorecords, computer programs or computer program documentation or packaging and copies of motion pictures or other audiovisual works), section 2319 (relating to criminal infringement of a copyright), section 2319A (relating to unauthorized fixation of and trafficking in sound recordings and music videos of live musical performances), section 2320 (relating to trafficking in goods or services bearing counterfeit marks), section 2321 (relating to trafficking in certain motor vehicles or motor vehicle parts), sections 2341–2346 (relating to trafficking in contraband cigarettes), sections 2421–24 (relating to white slave traffic), sections 175–178 (relating to biological weapons), sections 229–229F (relating to chemical weapons), section 831 (relating to nuclear materials),
>>(C) any act which is indictable under title 29, United States Code, section 186 (dealing with restrictions on payments and loans to labor organizations) or section 501(c) (relating to embezzlement from union funds),
>>(D) any offense involving fraud connected with a case under title 11 (except a case under section 157 of this title), fraud in the sale of securities, or the felonious manufacture, importation, receiving, concealment, buying, selling, or otherwise dealing in a controlled substance or listed chemical (as defined in section 102 of the Controlled Substances Act), punishable under any law of the United States,
>>(E) any act which is indictable under the Currency and Foreign Transactions Reporting Act
§178. Definitions: As used in this chapter-
(1) the term "biological agent" means any microorganism (including, but not limited to, bacteria, viruses, fungi, rickettsiae or protozoa), or infectious substance, or any naturally occurring, bioengineered or synthesized component of any such microorganism or infectious substance, capable of causing-
(A) death, disease, or other biological malfunction in a human, an animal, a plant, or another living organism;
(B) deterioration of food, water, equipment, supplies, or material of any kind; or
(C) deleterious alteration of the environment;
(2) the term "toxin" means the toxic material or product of plants, animals, microorganisms (including, but not limited to, bacteria, viruses, fungi, rickettsiae or protozoa), or infectious substances, or a recombinant or synthesized molecule, whatever their origin and method of production, and includes-
(A) any poisonous substance or biological product that may be engineered as a result of biotechnology produced by a living organism; or
(B) any poisonous isomer or biological product, homolog, or derivative of such a substance;
(3) the term "delivery system" means-
(A) any apparatus, equipment, device[mask/swab: ethylene oxide, nanofibers], or means of delivery specifically designed to deliver or disseminate a biological agent, toxin[mask/swab: Ethylene Oxide], or vector;[if delivery of EtO by device use was not intentional, it would intentionally NOT be delivered/used] or
(B) any vector;
(4) the term "vector" means a living organism, or molecule, including a recombinant or synthesized molecule, capable of carrying a biological agent or toxin to a host; and
(5) the term "national of the United States" has the meaning prescribed in section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22)).
(7)“Unlawful debt” means any money or other thing of value constituting principal or interest of a debt that is legally unenforceable in the state in whole or in part because the debt was incurred or contracted:
(a)In violation of any one of the following:
(A)ORS chapter 462, relating to racing;
(B)ORS 167.108 (Definitions for ORS 167.109 and 167.112) to 167.164 (Possession of a gray machine), relating to gambling; or
(C)ORS 82.010 (Legal rate of interest) to 82.170 (Notice to borrower of lender authority to refuse to accept repayment prior to date for repayment in loan agreement), relating to interest and usury.
(b)In gambling activity in violation of federal law or in the business of lending money at a rate usurious under federal or state law.
(8)Notwithstanding contrary provisions in ORS 174.060 (Effect of amendment of statute adopted by reference), when this section references a statute in the Oregon Revised Statutes that is substantially different in the nature of its essential provisions from what the statute was when this section was enacted, the reference shall extend to and include amendments to the statute.