1. (1) A person commits the crime of endangering aircraft in the first degree if the person knowingly:

   1. (a) Throws an object at, or drops an object upon, an aircraft;
   2. (b) Discharges a bow and arrow, gun, airgun or firearm at or toward an aircraft;
   3. (c) Tampers with an aircraft or a part, system, machine or substance used to operate an aircraft in such a manner as to impair the safety, efficiency or operation of an aircraft without the consent of the owner, operator or possessor of the aircraft; or
   4. (d) Places, sets, arms or causes to be discharged a spring gun, trap, explosive device or explosive material with the intent of damaging, destroying or discouraging the operation of an aircraft.

2. (2)

   1. (a) Except as provided in paragraph (b) of this subsection, a person commits the crime of endangering aircraft in the second degree if the person knowingly possesses a firearm or deadly weapon in a restricted access area of a commercial service airport that has at least 2 million passenger boardings per calendar year.
   2. (b) Paragraph (a) of this subsection does not apply to a person authorized under federal law or an airport security program to possess a firearm or deadly weapon in a restricted access area.

3. (3)

   1. (a) Endangering aircraft in the first degree is a Class C felony.
   2. (b) Endangering aircraft in the second degree is a Class A misdemeanor.

4. (4) As used in this section:

   1. (a) “Aircraft” does not include an unmanned aircraft system as defined in ORS 837.300.

   2. (b) “Restricted access area” means an area of a commercial service airport that is:

      1. (A) Designated as restricted in the airport security program approved by the federal Transportation Security Administration; and
      2. (B) Marked at points of entry with signs giving notice that access to the area is restricted.

Note: 164.885 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 164 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

[1981 c.901 §1; 2009 c.299 §1; 2016 c.72 §3]