Oregon Revised Statutes
As used in chapter 743, Oregon Laws 1971, unless the context requires otherwise: “Appropriate property of another to oneself or a third person” or “appropriate” means to: Exercise control over property of another, or to aid a third person to exercise control over property of another, permanently or for so extended a period or under such circumstances as to…
THEFT AND RELATED OFFENSES
A person commits theft when, with intent to deprive another of property or to appropriate property to the person or to a third person, the person: Takes, appropriates, obtains or withholds such property from an owner thereof; Commits theft of property lost, mislaid or delivered by mistake as provided in ORS 164.065; Commits extortion as provided in ORS 16…
Except for the crime of extortion, conduct denominated theft under ORS 164.015 constitutes a single offense. If it is an element of the crime charged that property was taken by extortion, an accusation of theft must so specify. In all other cases an accusation of theft is sufficient if it alleges that the defendant committed theft of property of the nature …
In a prosecution for theft it is a defense that the defendant acted under an honest claim of right, in that: The defendant was unaware that the property was that of another; or The defendant reasonably believed that the defendant was entitled to the property involved or had a right to acquire or dispose of it as the defendant did. In a prosecution for ext…
A person commits the crime of theft in the third degree if: By means other than extortion, the person commits theft as defined in ORS 164.015; and The total value of the property in a single or an aggregate transaction is less than $100. Theft in the third degree is a Class C misdemeanor.
A person commits the crime of theft in the second degree if: By means other than extortion, the person commits theft as defined in ORS 164.015; and The total value of the property in a single or aggregate transaction is $100 or more and less than $1,000. Theft in the second degree is a Class A misdemeanor.
A person commits the crime of theft in the first degree if, by means other than extortion, the person commits theft as defined in ORS 164.015 and: The total value of the property in a single or aggregate transaction is $1,000 or more; The theft is committed during a riot, fire, explosion, catastrophe or other emergency in an area affected by the riot, fire…
A person commits the crime of aggravated theft in the first degree, if: The person violates ORS 164.055 with respect to property, other than a motor vehicle used primarily for personal rather than commercial transportation; and The value of the property in a single or aggregate transaction is $10,000 or more. Aggravated theft in the first degree is a Clas…
When a person is convicted of aggravated theft in the first degree under ORS 164.057, the court shall sentence the person to a term of incarceration ranging from 16 months to 45 months, depending on the person’s criminal history, if: The victim of the theft was 65 years of age or older at the time of the commission of the offense; and The value of the prop…
As used in this section, “disproportionate impact” means that, in a case of theft in the first degree under ORS 164.055 or aggravated theft in the first degree under ORS 164.057: The offender caused damage to property during the commission of the theft and the cost to restore the damaged property to the condition the property was in immediately before the t…
A person who comes into control of property of another that the person knows or has good reason to know to have been lost, mislaid or delivered under a mistake as to the nature or amount of the property or the identity of the recipient, commits theft if, with intent to deprive the owner thereof, the person fails to take reasonable measures to restore the pro…
A person commits the crime of extortion when the person compels or induces another person to either deliver property or services to the person or to a third person, or refrain from reporting unlawful conduct to a law enforcement agency, by instilling in the other person a fear that, if the property or services are not so delivered or if the unlawful conduct …
A person, who obtains property of another thereby, commits theft by deception when, with intent to defraud, the person: Creates or confirms another’s false impression of law, value, intention or other state of mind that the actor does not believe to be true; Fails to correct a false impression that the person previously created or confirmed; Prevents anot…
A person commits theft by receiving if the person receives, retains, conceals or disposes of property of another knowing or having good reason to know that the property was the subject of theft. It is a defense to a charge of violating subsection (1) of this section if: The person is a scrap metal business as defined in ORS 165.116 or an agent or employee …
A person commits the crime of organized retail theft if, acting in concert with another person: The person violates ORS 164.015 or aids or abets the other person to violate ORS 164.015; The subject of the theft is merchandise and the merchandise is taken from a mercantile establishment; and The aggregate value of the merchandise taken within any 180-day p…
Right of possession of property is as follows: A person who has obtained possession of property by theft or other illegal means shall be deemed to have a right of possession superior to that of another person who takes, obtains or withholds the property from that person by means of theft. A joint or common owner of property shall not be deemed to have a ri…
For the purposes of chapter 743, Oregon Laws 1971, the value of property shall be ascertained as follows: Except as otherwise specified in this section, value means the market value of the property at the time and place of the crime, or if such cannot reasonably be ascertained, the cost of replacement of the property within a reasonable time after the crime…
A person commits the crime of theft of services if: With intent to avoid payment therefor, the person obtains services that are available only for compensation, by force, threat, deception or other means to avoid payment for the services; or Having control over the disposition of labor or of business, commercial or industrial equipment or facilities of ano…
ORS 164.125 shall apply when the telephone or telegraph communication involved either originates or terminates, or both originates and terminates, in this state, or when the charges for service would have been billable, in normal course, by a person providing telephone or telegraph service in this state, but for the fact that the charge for service was avoid…
A person commits the crime of unlawful distribution of cable television equipment if the person knowingly manufactures, imports into this state, distributes, sells, offers for sale, rental or use, possesses for sale, rental or use, or advertises for sale, rental or use, any device designed to make available the unauthorized reception of cable television sign…
A person commits the crime of unauthorized use of a vehicle when: The person knowingly takes, operates, exercises control over or otherwise uses another’s vehicle, boat or aircraft; The person is aware of and consciously disregards a substantial and unjustifiable risk that the owner of the vehicle, boat or aircraft does not consent to the taking, operation…
A person commits the offense of criminal possession of a rented or leased motor vehicle if: After renting a motor vehicle from a commercial renter of motor vehicles under a written agreement that provides for the return of the motor vehicle to a particular place at a particular time, the person fails to return the motor vehicle as specified, is thereafter s…
A person is guilty of criminal possession of rented or leased personal property if: After renting an item of personal property from a commercial renter of personal property under a written agreement which provides for the return of the item to a particular place at a particular time, the person fails to return the item as specified, is thereafter served by …
As used in this section and ORS 164.162: “Authorized depository” means a mailbox, post office box or rural box used by postal customers to deposit outgoing mail or used by the Postal Service to deliver incoming mail. “Mail” means any letter, card, parcel or other material that: Is sent or delivered by means of the Postal Service; Has postage affixed by t…
A person commits the crime of mail theft or receipt of stolen mail if the person intentionally: Takes or, by fraud or deception, obtains mail from a post office, postal station, mail receptacle, authorized depository or mail carrier; Takes from mail any article contained therein; Secretes, embezzles or destroys mail or any article contained therein; Take…
In a prosecution under ORS 164.162, it is a defense that the defendant acted under an honest claim of right in that: The defendant was unaware that the property was that of another person; The defendant reasonably believed that the defendant was entitled to the property involved or had a right to acquire or dispose of it as the defendant did; or The prope…
A person commits the crime of laundering a monetary instrument if the person: Knowing that the property involved in a financial transaction represents the proceeds of some form, though not necessarily which form, of unlawful activity, conducts or attempts to conduct a financial transaction that involves the proceeds of unlawful activity: With the intent to…
A person commits the crime of engaging in a financial transaction in property derived from unlawful activity if the person knowingly engages in or attempts to engage in a financial transaction in property that: Constitutes, or is derived from, the proceeds of unlawful activity; Is of a value greater than $10,000; and The person knows is derived from or re…
Nothing in ORS 164.170 or 164.172 or the amendments to ORS 166.715 by section 4, chapter 878, Oregon Laws 1999, is intended to allow the prosecution of a corporation, business, partnership, limited liability company, limited liability partnership or any similar entity, or an employee or agent of such an entity, that makes a good faith effort to comply with f…
As used in ORS 164.205 to 164.270, except as the context requires otherwise: “Building,” in addition to its ordinary meaning, includes any booth, vehicle, boat, aircraft or other structure adapted for overnight accommodation of persons or for carrying on business therein. Where a building consists of separate units, including, but not limited to, separate a…
Except as otherwise provided in ORS 164.255, a person commits the crime of burglary in the second degree if the person enters or remains unlawfully in a building with intent to commit a crime therein. Burglary in the second degree is a Class C felony.
A person commits the crime of burglary in the first degree if the person violates ORS 164.215 and the building is a dwelling, or if in effecting entry or while in a building or in immediate flight therefrom the person: Is armed with a burglary tool or theft device as defined in ORS 164.235 or a deadly weapon; Causes or attempts to cause physical injury to …
A person commits the crime of possession of a burglary tool or theft device if the person possesses a burglary tool or theft device and the person: Intends to use the tool or device to commit or facilitate a forcible entry into premises or a theft by a physical taking; or Knows that another person intends to use the tool or device to commit or facilitate a…
A guest commits the crime of criminal trespass in the second degree if that guest intentionally remains unlawfully in a transient lodging after the departure date of the guest’s reservation without the approval of the hotelkeeper. “Guest” means a person who is registered at a hotel and is assigned to transient lodging, and includes any individual accompanyin…
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. Criminal trespass in the second degree is a Class C misdemeanor.
A person commits the crime of criminal trespass in the first degree if the person: Enters or remains unlawfully in a dwelling; Having been denied future entry to a building pursuant to a merchant’s notice of trespass, reenters the building during hours when the building is open to the public with the intent to commit theft therein; Enters or remains unlaw…
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. Criminal trespass while in possession of a firearm is a Class A misdemeanor.
For purposes of ORS 164.245, a landowner or an agent of the landowner may close the privately owned premises of the landowner to motor-propelled vehicles by posting signs on or near the boundaries of the closed premises at the normal points of entry as follows: Signs must be no smaller than eight inches in height and 11 inches in width; Signs must contain …
A person commits the crime of unlawful entry into a motor vehicle if the person enters a motor vehicle, or any part of a motor vehicle, with the intent to commit a crime. Unlawful entry into a motor vehicle is a Class A misdemeanor. As used in this section, “enters” includes, but is not limited to, inserting: Any part of the body; or Any object connected…
As used in ORS 164.276 and 164.278: “Coach” means a person who instructs or trains members of a team or directs the strategy of a team participating in a sports event. “Inappropriate behavior” means: Engaging in fighting or in violent, tumultuous or threatening behavior; Violating the rules of conduct governing coaches, team players and spectators at a s…
A sports official may order a coach, team player or spectator to leave the premises at which a sports event is taking place and at which the sports official is officiating if the coach, team player or spectator is engaging in inappropriate behavior. Note: See note under 164.274.
A person commits the crime of criminal trespass at a sports event if the person: Is a coach, team player or spectator at a sports event; Engages in inappropriate behavior; Has been ordered by a sports official to leave the premises at which the sports event is taking place; and Fails to leave the premises or returns to the premises during the period of t…
As used in ORS 164.305 to 164.377, except as the context requires otherwise: “Protected property” means any structure, place or thing customarily occupied by people, including “public buildings” as defined by ORS 479.168 and “forestland,” as defined by ORS 477.001. “Property of another” means property in which anyone other than the actor has a legal or equ…
A person commits the crime of arson in the second degree if: By starting a fire or causing an explosion, the person intentionally damages: Any building of another that is not protected property; or Any property of another and the damages to the property exceed $750; or By knowingly engaging in the manufacture of methamphetamine, the person causes fire or…
A person commits the crime of arson in the first degree if: By starting a fire or causing an explosion, the person intentionally damages: Protected property of another; Any property, whether the property of the person or the property of another person, and such act recklessly places another person in danger of physical injury or protected property of anot…
A person commits the crime of reckless burning if the person recklessly damages property of another by fire or explosion. Reckless burning is a Class A misdemeanor.
A person commits the crime of arson incident to the manufacture of a controlled substance in the second degree if, by knowingly engaging in the manufacture of a controlled substance, the person causes a fire or causes an explosion that damages: Any building of another that is not protected property; or Any property of another and the damages to the propert…
A person commits the crime of arson incident to the manufacture of a controlled substance in the first degree if, by knowingly engaging in the manufacture of a controlled substance, the person causes a fire or causes an explosion that damages: The protected property of another; Any property, whether the property of the person or the property of another per…
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. Criminal mischief in the third degree is a Class C m…
A person commits the crime of criminal mischief in the second degree if: The person violates ORS 164.345, and as a result thereof, damages property in an amount exceeding $500; or 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 …
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: Damages or destroys property of another: In an amount exceeding $1,000; By means of an explosive; By starting a fire in an institution while the person is co…
For purposes of ORS 164.345, 164.354 and 164.365, the value of damage done during single incidents of criminal mischief may be added together if the incidents of criminal mischief were committed: Against multiple victims in the same course of conduct; or Against the same victim, or two or more persons who are joint owners, within a 30-day period. Note: 16…
A person commits the crime of tampering with cable television equipment if the person: Knowingly tampers or otherwise interferes with or connects to by any means, whether mechanical, electrical, acoustical or other means, any cable, wire or other device used for the distribution of cable television service, without authority of the provider of such service;…
As used in this section: To “access” means to instruct, communicate with, store data in, retrieve data from or otherwise make use of any resources of a computer, computer system or computer network. “Computer” means, but is not limited to, an electronic, magnetic, optical electrochemical or other high-speed data processing device that performs logical, ari…
GRAFFITI-RELATED OFFENSES
As used in ORS 137.131, 164.381 to 164.386 and 419C.461: “Graffiti” means any inscriptions, words, figures or designs that are marked, etched, scratched, drawn, painted, pasted or otherwise affixed to the surface of property. “Graffiti implement” means paint, ink, chalk, dye or other substance or any instrument or article designed or adapted for spraying, …
A person commits the offense of unlawfully applying graffiti if the person, having no right to do so nor reasonable ground to believe that the person has such right, intentionally damages property of another by applying graffiti to the property. Unlawfully applying graffiti is a Class A violation. Upon a conviction for unlawfully applying graffiti, a court,…
A person commits the offense of unlawfully possessing a graffiti implement if the person possesses a graffiti implement with the intent of using the graffiti implement in violation of ORS 164.383. Unlawfully possessing a graffiti implement is a Class C violation. Upon a conviction for unlawfully possessing a graffiti implement, a court, in addition to any f…
The provisions of ORS 137.131, 164.381 to 164.386 and 419C.461 are not intended to preempt any local regulation of graffiti or graffiti-related activities or any prosecution under ORS 164.345, 164.354 or 164.365. Note: See note under 164.381.
ROBBERY
A person commits the crime of robbery in the third degree if in the course of committing or attempting to commit theft or unauthorized use of a vehicle as defined in ORS 164.135 the person uses or threatens the immediate use of physical force upon another person with the intent of: Preventing or overcoming resistance to the taking of the property or to rete…
A person commits the crime of robbery in the second degree if the person violates ORS 164.395 and the person: Represents by word or conduct that the person is armed with what purports to be a dangerous or deadly weapon; or Is aided by another person actually present. Robbery in the second degree is a Class B felony.
A person commits the crime of robbery in the first degree if the person violates ORS 164.395 and the person: Is armed with a deadly weapon; Uses or attempts to use a dangerous weapon; or Causes or attempts to cause serious physical injury to any person. Robbery in the first degree is a Class A felony.
LITTERING
It is unlawful for any person to discard any glass, cans or other trash, rubbish, debris or litter on land within 100 yards of any of the waters of the state, as defined in ORS 468B.005, other than in receptacles provided for the purpose of holding such trash, rubbish, debris or litter. It is unlawful for any person to discard any glass, cans or other simil…
It is unlawful for any person, including a person in the possession or control of any land, to discard any dead animal carcass or part thereof, excrement, putrid, nauseous, noisome, decaying, deleterious or offensive substance into or in any other manner befoul, pollute or impair the quality of any spring, river, brook, creek, branch, well, irrigation draina…
A person commits the crime of offensive littering if the person creates an objectionable stench or degrades the beauty or appearance of property or detracts from the natural cleanliness or safety of property by intentionally: Discarding or depositing any rubbish, trash, garbage, debris or other refuse upon the land of another without permission of the owner…
UNLAWFUL TRANSPORT
As used in this section: “Harvest” means to separate by cutting, digging, prying, picking, peeling, breaking, pulling, splitting or otherwise removing a special forest product from: Its physical connection or point of contact with the ground or vegetation upon which it was growing; or The place or position where it lay. “Special forest products” means: …
The State Forester shall develop a typical form for the permit and document of sale required by ORS 164.813 and for the records required by ORS 164.813 (4). The State Forester shall make copies of the forms available. Use of the forms is not required. Note: 164.814 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS c…
It is unlawful for any person to cut more than five coniferous trees unless the person has in possession written permission to do so from the owner of the land from which the trees are cut. The written permit required under this subsection must set forth: The date of the permit; The name, address, telephone number and signature of the person granting the p…
It is an affirmative defense to any charge under ORS 164.813 or 164.825 that the defendant is in fact the owner of the trees or special forest products cut or transported. Note: 164.828 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 Re…
All peace officers shall note and investigate the cutting and transportation of coniferous trees and special forest products as defined in ORS 164.813 for the purpose of preventing violations of ORS 164.813 and 164.825. Justice courts and circuit courts have concurrent jurisdiction of violations of ORS 164.813 and 164.825.
Whenever any peace officer has reasonable cause to believe that a person is cutting or transporting trees or special forest products in violation of ORS 164.813 (2) or (3) or 164.825, the peace officer may arrest the person without a warrant and take the person before any court having jurisdiction of the offense. The court shall proceed without delay to hear…
Whenever any peace officer has reasonable cause for believing that a person is cutting or transporting trees or special forest products in violation of ORS 164.813 (2) or (3) or 164.825, the peace officer may, at the time of making the arrest or issuing the summons, under ORS 164.845, seize and take possession of the trees or special forest products. The pea…
A person commits the offense of unlawfully transporting metal property if the person transports metal property on a public highway or on premises open to the public with the intent to deliver the metal property to a scrap metal business and the person does not have a metal transportation certificate in the person’s possession. A seller or transferor of meta…
Except as provided in subsection (2) of this section, it shall be unlawful for any person to transport the carcass or a primal cut thereof of any meat animal on a public highway without having in possession a transportation certificate signed by the owner or the agent of the owner showing: The location where the carcass or primal cut was loaded and its dest…
As used in ORS 164.865, 164.866, 164.868, 164.869, 164.872, 164.873, 164.875 and 164.882 and this section, unless the context requires otherwise: “Audiovisual recording function” means the capability of a device to record or transmit a motion picture or any part of a motion picture by means of any technology now known or later developed. “Commercial enterp…
A person commits the crime of unlawful sound recording if the person: Reproduces for sale any sound recording without the written consent of the owner of the master recording; or Knowingly sells, offers for sale or advertises for sale any sound recording that has been reproduced without the written consent of the owner of the master recording. Unlawful so…
Nothing in ORS 164.864, 164.865, 164.868, 164.869, 164.872, 164.873 or 164.875 or this section limits or impairs the right of a person injured by the criminal acts of a defendant to sue and recover damages from the defendant in a civil action. Note: See note under 164.864.
The provisions of ORS 164.868, 164.869 and 164.872 apply only to persons operating commercial enterprises. Note: See note under 164.864.
A person commits unlawful labeling of a sound recording if the person: Fails to disclose the origin of a sound recording when the person knowingly advertises or offers for sale or resale, sells, resells, rents, leases, or lends or possesses for any of these purposes, any sound recording that does not contain the true name and address of the manufacturer in …
A person commits unlawful recording of a live performance if the person: Advertises or offers for sale, sells, rents, transports, or causes the sale, resale, rental or transportation of, or possesses for one or more of these purposes, a recording containing sounds of a live performance with the knowledge that the live performance has been recorded or fixed …
A person commits unlawful labeling of a videotape recording if the person: Fails to disclose the origin of a recording when the person knowingly advertises or offers for sale or resale, or sells, resells, rents, leases or lends, or possesses for any of these purposes, any videotape recording that does not contain the true name and address of the manufacture…
The provisions of ORS 164.872 and 164.875 do not apply to: The production of a videotape of a motion picture that is defined as a public record under ORS 192.005 (5), in accordance with ORS 192.005 to 192.170 or 357.805 to 357.895. The production of a videotape of a motion picture that is defined as a legislative record under ORS 171.410, in accordance wit…
A person commits the crime of unlawful videotape recording if the person: Produces for sale any videotape without the written consent of the owner of the motion picture imprinted thereon; or Knowingly sells or offers for sale any videotape that has been produced without the written consent of the owner of the motion picture imprinted thereon. Unlawful vid…
A person commits the crime of unlawful operation of an audiovisual device if the person knowingly operates the audiovisual recording function of any device in a motion picture theater, while a motion picture is being exhibited, without the written consent of the motion picture theater owner. Unlawful operation of an audiovisual device is a Class B misdemean…
A person commits the crime of endangering aircraft in the first degree if the person knowingly: Throws an object at, or drops an object upon, an aircraft; Discharges a bow and arrow, gun, airgun or firearm at or toward an aircraft; Tampers with an aircraft or a part, system, machine or substance used to operate an aircraft in such a manner as to impair th…
A person commits the crime of unlawful tree spiking if the person knowingly drives or places in any tree or saw log, without the prior consent of the owner thereof, any iron, steel or other substance sufficiently hard to damage saws or wood manufacturing or processing equipment with intent to cause inconvenience, annoyance or alarm to any other person. Exce…
Except as provided in subsection (3) of this section, a person commits the offense of interference with agricultural operations if the person, while on the property of another person who is engaged in agricultural operations, intentionally or knowingly obstructs, impairs or hinders or attempts to obstruct, impair or hinder agricultural operations. Interfere…
A person commits the crime of interference with agricultural research if the person knowingly: Damages any property at an agricultural research facility with the intent to damage or hinder agricultural research or experimentation; Obtains any property of an agricultural research facility with the intent to damage or hinder agricultural research or experime…
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