Oregon Domestic Terrorism Statute

Oregon's domestic terrorism offenses are codified at ORS 166.125 (first degree) and ORS 166.128 (second degree), with definitions at ORS 166.122. They were created by House Bill 2772 of the 2023 Regular Session, enacted as Oregon Laws 2023, chapter 608.¹²

Text of the Offenses

ORS 166.125 provides: "A person commits the crime of domestic terrorism in the first degree if the person, with the intent to cause widespread sickness, contagion, serious physical injury, death or the disruption of services provided by critical infrastructure: (a) Intentionally destroys or substantially damages critical infrastructure; or (b) Intentionally introduces, releases or disperses a toxic substance into widespread contact with human beings." The offense is a Class B felony, and the Oregon Criminal Justice Commission is directed to classify it as crime category 9 of the sentencing guidelines grid.²

ORS 166.128 provides that a person commits domestic terrorism in the second degree if the person, with the same intent, "(a) Intentionally possesses a toxic substance with the intent to introduce the substance into widespread contact with human beings; (b) Intentionally possesses a destructive device with the intent to destroy or substantially damage critical infrastructure; (c) Intentionally attempts to destroy or substantially damage critical infrastructure; or (d) Intentionally attempts to introduce, release or disperse a toxic substance into widespread contact with human beings." The offense is a Class C felony, classified as crime category 7.²

Definitions

ORS 166.122 defines the terms. "Widespread" means "impacting at least 50 human beings." "Toxic substance" means "any radiological, biological, pathogenic or chemical substance that may cause death or serious physical injury if ingested, inhaled, consumed or absorbed by a human being." "Critical infrastructure" means "a gas, electric or water utility system, an electric substation, a pipeline or other conveyance for carrying gas, natural gas or fuel, a fiber optic cable network, a base transceiver station or other wireless communication infrastructure, a data center, or a dam, bridge, road, airport, marina or rail line." "Destructive device" has the meaning given in ORS 166.382.²

House Bill 2772

House Bill 2772, titled "Relating to domestic terrorism," was sponsored by Representative Paul Evans together with Representatives Conrad, Gomberg, Hieb, Lewis, Morgan and Wallan and Senators Manning Jr. and Sollman. It passed the House on June 8, 2023, and the Senate on June 23, 2023. Section 4 amended ORS 161.005 to add sections 2 and 3 to the provisions that "shall be known and may be cited as Oregon Criminal Code of 1971." The maximum penalty for the first-degree offense is 10 years' imprisonment, a $250,000 fine, or both, and for the second-degree offense five years' imprisonment, a $125,000 fine, or both; the measure carries minimal fiscal and revenue impact.¹³ Governor Tina Kotek signed the bill into law, and the American Civil Liberties Union opposed it at the time.⁴

Charged Cases

Rayden Tanner Coleman, 18, of St. Helens, Oregon, appeared by video in a Columbia County, Oregon courtroom on Friday, February 13, 2026, and pleaded not guilty to charges in an alleged plot to kill U.S. Immigration and Customs Enforcement agents in Portland, Oregon. A Columbia County grand jury had indicted him the previous day on "new charges of attempted domestic terrorism in the first degree and second-degree domestic terrorism," which the indictment framed as attempts "to cause widespread serious physical injury or death and attempt to destroy or substantially damage critical infrastructure." His attorney argued in court: "Nothing indicates, based on what we know that there was any sort of threat to critical infrastructure," listing utility systems, pipelines, fiber optic systems, cellphone towers, data centers, dams, bridges and roadways, and adding "That's missing, and that is an element of the offense that he's been indicted on." A judge denied release but lowered bail by $100,000, to $300,000.⁴ A St. Helens teenager indicted earlier in 2026 on domestic terrorism charges over an alleged plot against ICE agents in Portland later had those charges dismissed and pleaded guilty in September 2026 to unlawfully making a destructive device.⁵

Ethan Noble Burlingame, 28, was arraigned in Wheeler County, Oregon on Friday, June 5, 2026, and held on $500,000 bail. The indictment alleged that between June 2 and June 4 he committed two counts of domestic terrorism, stated as unlawfully and intentionally disrupting services provided by critical infrastructure and intentionally destroying or substantially damaging critical infrastructure, along with burglary, arson, theft, criminal mischief, reckless burning and interfering with a firefighter, in a series of fires. No motive had been released.⁶

On October 2, 2026, the Multnomah County District Attorney's Office charged a 15-year-old Benson Polytechnic High School student with domestic terrorism in the first and second degrees among 19 counts arising from a September 8 chemical release in the school cafeteria.⁷ See Benson Polytechnic High School Incident. District Attorney Nathan Vasquez told reporters that going forward he was weighing "the safety of, is it 50? Is it 100? Is it 500 children at a school?"⁵⁷