In Oregon, a bias crime is a bias-motivated offense charged as its own standalone crime under ORS 166.155 or ORS 166.165, split into two degrees. Second-degree bias crime is a Class A misdemeanor punishable by up to 364 days in jail. First-degree bias crime is a Class C felony punishable by up to five years in prison. The degree turns on the type of harm: physical injury or weapon use pushes a case to the felony level, while property damage, offensive contact, and threats remain misdemeanors.
What Counts as Second-Degree Bias Crime
Under ORS 166.155, a person commits bias crime in the second degree by doing any of the following because of the offender’s perception of the victim’s race, color, religion, gender identity, sexual orientation, disability, or national origin:
- Tampering with or damaging another person’s property with intent to cause substantial inconvenience.
- Intentionally subjecting another person to offensive physical contact.
- Intentionally placing another person in fear by threatening serious physical injury, a felony, or substantial property damage, including threats directed at a family member.
The threat prong reaches conduct aimed at a victim’s spouse, child, or other family member when the goal is to intimidate the victim based on a protected characteristic.1Oregon State Legislature. Oregon Code 166.155 – Bias Crime in the Second Degree
What Counts as First-Degree Bias Crime
ORS 166.165 covers the more serious category. A person commits bias crime in the first degree by:
- Intentionally, knowingly, or recklessly causing physical injury to another person because of a perceived protected characteristic.
- Causing physical injury through criminal negligence while using a deadly weapon, motivated by the same bias.
- Intentionally placing another person in fear of imminent serious physical injury because of bias.
Until 2019, the dividing line between the two degrees was whether the offense involved a single person or a group. Senate Bill 577 scrapped that approach and rebuilt the statutes around the type of harm the victim suffered.2Oregon Criminal Justice Commission. Bias Crimes 2024 Report Under the current framework, physical injury and weapons involvement are what elevate a bias charge to a felony.3Oregon State Legislature. Oregon Code 166.165 – Bias Crime in the First Degree
Who the Law Protects
Both statutes cover the same seven categories: race, color, religion, gender identity, sexual orientation, disability, and national origin. Gender identity is defined broadly to include a person’s gender-related identity, appearance, expression, or behavior, whether or not it matches the gender assigned at birth.1Oregon State Legislature. Oregon Code 166.155 – Bias Crime in the Second Degree
One point surprises people. The victim does not have to actually belong to the targeted group. The statutes hinge on what the offender perceived. If someone attacks a person they wrongly believe is a member of a particular religion or ethnicity, the bias crime charge still applies. What matters is the motive, not whether the offender guessed right.
Penalties on Conviction
A second-degree conviction carries up to 364 days in jail4Oregon Public Law. Oregon Code 161.615 – Maximum Terms of Imprisonment for Misdemeanors and a fine of up to $6,250.5Oregon Public Law. Oregon Code 161.635 – Fines for Misdemeanors Judges often add probation, community service, or both.
A first-degree conviction can bring up to five years in state prison6Oregon Public Law. Oregon Code 161.605 – Maximum Terms of Imprisonment for Felonies and fines reaching $125,000.7Oregon Public Law. Oregon Code 161.625 – Fines for Felonies A felony record also carries long-term consequences for employment, housing, and civil rights, which makes the gap between the two degrees larger in practice than the maximum sentences alone suggest.
Suing the Offender in Civil Court
Victims have a separate path. Under ORS 30.198, anyone injured by conduct that violates either bias crime statute can file a civil lawsuit seeking an injunction, money damages, or both. A successful plaintiff can recover special and general damages (medical bills, lost income, emotional distress), punitive damages, and reasonable attorney fees, which the court is required to award on a win. If the offender is an unemancipated minor, the minor’s parents or legal guardian can be held liable for up to $5,000.8Oregon Public Law. Oregon Code 30.198 – Civil Action for Intimidation, Remedies
Because the standard of proof in a civil case is lower than in a criminal prosecution, victims sometimes prevail civilly even when no criminal conviction is obtained, or when the prosecutor never files charges in the first place.
When It’s a Bias Incident Instead of a Crime
Not every act of prejudice is a crime. Oregon law separately defines a “bias incident” as a hostile expression of animus toward a person’s perceived protected characteristic where criminal investigation or prosecution is impossible or inappropriate.9Oregon State Legislature. Oregon Code 147.380 – Service Referral for Bias Incidents, Telephone Hotline, Response Coordinator, Rules Slurs shouted from a passing car, hateful flyers left on doorsteps, and online harassment that stops short of a criminal threat typically fall here. Police cannot arrest someone for a bias incident alone, but agencies that respond are required to refer victims to local victim services or the state’s hate crimes hotline.
Reporting and Victim Support
If you are in immediate danger, call 911. To start a criminal investigation, file a report with your local police department or sheriff’s office.
For support that does not involve law enforcement, the Oregon Department of Justice runs the Bias Response Hotline at 1-844-924-BIAS (1-844-924-2427), staffed Monday through Friday, 9 a.m. to 5 p.m. Pacific, with interpretation in over 240 languages and voicemail after hours.10Oregon Department of Justice. Bias and Hate Operators help callers understand their options, connect with local services, and build a safety plan. The hotline does not report to police without the caller’s permission.11Oregon Department of Justice. Reporting Bias to the Hotline
Victims who suffer physical or psychological injury may also qualify for Oregon’s Crime Victims’ Compensation program, which can cover medical and counseling costs, lost wages, rehabilitation, funeral expenses, and crime scene cleanup, subject to program caps. It is a payer of last resort, so medical insurance and similar benefits must be used first. A limited counseling benefit of up to $5,000 is available even to victims who do not report to law enforcement.12Oregon Department of Justice. Compensation for Victims of Crime
When Federal Charges Also Apply
A bias-motivated attack in Oregon can trigger federal prosecution under 18 U.S.C. ยง 249, the Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act. Federal charges apply when someone willfully causes or attempts to cause bodily injury based on actual or perceived race, color, religion, or national origin. For offenses motivated by gender, sexual orientation, gender identity, or disability, federal jurisdiction requires an additional connection to interstate commerce, such as a weapon that crossed state lines or an offense committed during interstate travel.13Office of the Law Revision Counsel. 18 USC 249 – Hate Crime Acts
Federal penalties are steeper: up to 10 years in prison, or life imprisonment if the victim dies or the offense involves kidnapping or attempted murder. State and federal charges are not mutually exclusive, so a single attack can be prosecuted at both levels. Federal prosecutors typically step in when state charges appear inadequate or when the crime has a significant interstate dimension.