Are thermal devices legal for hunting in Oregon? Understanding OSP Thermal
Device Stings (2024-2025)

Some hunters have spent thousands of dollars on thermal devices to improve their chances of filling their deer or elk tag. However, the regulations changed in 2020 to ban using these devices, but the language was not blatantly obvious about what was
prohibited.
Q: If I have a thermal device, am I in trouble, or could I be?
A: If you take it with you while hunting or scouting, yes. Learn more below.

The 2020 ban on infrared or night vision devices

In 2020, the Oregon Department of Fish and Wildlife adopted a rule banning the use of “infrared or other night vision devices,” excluding trail cameras, while hunting big game or game birds. While thermal monocular devices are considered “infrared” devices, some hunters believed this was a gray area in the law and used them to scout deer and elk. The language in the 2026 Big Game Hunting Regulations was changed to “infrared, including thermal, or other night vision device” to remove that gray area. However, that change occurred only after numerous hunters were caught in thermal device stings across Oregon in 2024 and 2025. This article explains how we arrived at that change in the printed regulations—even though the administrative rule remains the same.

Are thermal devices “infrared or other night vision devices” under Oregon law?

Yes. Thermal devices use infrared sensors to “see” the light not visible to the naked eye that constitutes heat from an object, person, or animal. A thermal device is operable both during the day and at night. Night vision, on the other hand, also uses infrared light detection, but in a slightly different manner. Rather than sensing infrared light emanating from the animal, night vision sends a burst of infrared photons in front of the user, which then bounce off objects and return to the sensor on the night-vision device. Therefore, while night-vision goggles are infrared, they do not sense infrared light in the same way that a thermal device does.

The Molalla Tree Farm Thermal Device Sting: How Oregon State Police Enforce this Rule

According to an article by the Oregon Department of Fish and Wildlife from December 2024, “OSP F&W Division had received an increasing number of complaints regarding the unlawful use of FLIR technology to hunt or scout for big game animals.” “Troopers turn up the heat to catch thermal imaging poaching.” These reports also came from an Oregon State Police Detective who noticed multiple hunters using these devices in the Molalla Tree Farm area (owned by Weyerhauser). This led the detective to push for increased enforcement of this rule in the Molalla Tree Farm (where he regularly hunts). During deer season, a Forest Service friend of the detective used a spotting scope connected to a cell phone to spot and record hunters using monocular thermal devices. Based on these recordings, the Oregon State Police sought multiple search warrants, resulting in the seizure of 14 thermal devices and the arrests of 13 individuals. Some of these prosecutions are still ongoing in 2026.

Expanded Thermal Device Enforcement Across Oregon in 2025

The next year, the Oregon State Police expanded its sting operations to other areas around Oregon. These sting operations were always near clear-cut areas on public land, with the Trooper hiding behind camouflage, using a spotting scope and a cell phone to record hunters driving through. The Troopers would then stop and confront a suspected poacher regarding the thermal device. Most of these stops resulted in a criminal charge for unlawful use of an infrared or other night vision device.

Why Oregon Clarified Its Thermal Device Hunting Rules: Culpable Mental States

One of the primary issues with these cases is the usual problem with wildlife offenses. Any violation of the wildlife regulations can be a Class A Misdemeanor “if committed with a culpable mental state,” and otherwise may be a Class A, B, C, or D violation (like a traffic ticket). ORS 496.992(1)-(4). A culpable mental state is one of the four criminal mental states under Oregon law: intentionally, knowingly, recklessly, or with criminal negligence. While the law clearly does not create a mental state defense simply if the person is unaware of the law or regulations, the question was whether the use of a thermal device was committed with criminal negligence or with civil negligence. This distinction, a favorite of criminal defense attorneys, was one of the arguments in the thermal device cases in 2024 and 2025. To remove this argument between criminal and civil negligence, the written regulations now include the additional phrase: “including thermal.” With that clarification, it becomes more difficult for a criminal defense attorney to argue that the use of a thermal device was merely negligent rather than criminally negligent.

Key Takeaways: Thermal Devices and Oregon Hunting Laws

Ultimately, using a thermal device to look for big game for hunting purposes violates Oregon wildlife regulations. A person observed using a monocular device may be stopped by law enforcement if law enforcement believes the device is a thermal device. Further, State Police are likely to issue a criminal citation for this offense rather than as a violation.

Charged with a Thermal Device Hunting Violation in Oregon?

Wildlife offenses can carry criminal consequences and equipment forfeiture. If you were contacted or cited by Oregon State Police or ODFW for using a thermal or infrared device, speaking with an Oregon criminal defense attorney experienced in wildlife cases is critical.

Contact us for a no-pressure, no-charge consultation.
–Updated April 7, 2026, by Marcus A. Gunn

Read more about other common wildlife offenses here.

FAQ

Q: If I have a thermal device, am I committing a crime?
A: Possession of a thermal device is not illegal; using a thermal device to hunt or scout for purposes of hunting is. Given that the thermal device is typically used only for hunting or scouting, it can be an expensive paperweight.
Q: Why is using a thermal device while hunting a crime?
A: Oregon’s hunting laws allow any violation of the ODFW hunting regulations to be classified as a Class A misdemeanor if committed with a culpable mental state. Violations of hunting laws without a culpable mental state may be punished like traffic
citations, but may also result in revocation of hunting, fishing, or shellfish licenses and hefty restitution fines.

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