Oregon Revised Statutes
As used in ORS 165.002 to 165.027, and 165.032 to 165.070, unless the context requires otherwise: “Written instrument” means any paper, document, instrument, article or electronic record containing written or printed matter or the equivalent thereof, whether complete or incomplete, used for the purpose of reciting, embodying, conveying or recording informat…
A person commits the crime of forgery in the second degree if, with intent to injure or defraud, the person: Falsely makes, completes or alters a written instrument; or Utters a written instrument which the person knows to be forged. Forgery in the second degree is a Class A misdemeanor.
A person commits the crime of forgery in the first degree if the person violates ORS 165.007: And the written instrument is or purports to be any of the following: Part of an issue of money, securities, postage or revenue stamps, or other valuable instruments issued by a government or governmental agency; Part of an issue of stock, bonds or other instrume…
A person commits the crime of criminal possession of a forged instrument in the second degree if, knowing it to be forged and with intent to utter same, the person possesses a forged instrument. Criminal possession of a forged instrument in the second degree is a Class A misdemeanor.
A person commits the crime of criminal possession of a forged instrument in the first degree if, knowing it to be forged and with intent to utter same, the person possesses a forged instrument of the kind and in the amount specified in ORS 165.013 (1). Criminal possession of a forged instrument in the first degree is a Class C felony.
In any prosecution for forgery of a bank bill or note or for criminal possession of a forged bank bill or note, the testimony of any person acquainted with the signature of the officer or agent authorized to sign the bills or notes of the bank of which such bill or note is alleged to be a forgery, or who has knowledge of the difference in appearance of the t…
A person commits the crime of criminal possession of a forgery device if: The person makes or possesses with knowledge of its character any plate, die or other device, apparatus, equipment or article specifically designed for use in counterfeiting or otherwise forging written instruments; or With intent to use, or to aid or permit another to use, the same …
A person commits the crime of criminal simulation if: With intent to defraud, the person makes or alters any object in such a manner that it appears to have an antiquity, rarity, source or authorship that it does not in fact possess; or With knowledge of its true character and with intent to defraud, the person utters or possesses an object so simulated. …
A person commits the crime of fraudulently obtaining a signature if, with intent to defraud or injure another, the person obtains the signature of a person to a written instrument by knowingly misrepresenting any fact. Fraudulently obtaining a signature is a Class A misdemeanor.
A person commits the crime of unlawfully using slugs if: With intent to defraud the supplier of property or a service sold or offered by means of a coin machine, the person inserts, deposits or otherwise uses a slug in such machine; or The person makes, possesses, offers for sale or disposes of a slug with intent to enable a person to use it fraudulently i…
A person commits the crime of fraudulent use of a credit card if, with intent to injure or defraud, the person uses a credit card for the purpose of obtaining property or services with knowledge that: The card is stolen or forged; The card has been revoked or canceled; or For any other reason the use of the card is unauthorized by either the issuer or the…
A person commits the crime of negotiating a bad check if the person makes, draws or utters a check or similar sight order for the payment of money, knowing that it will not be honored by the drawee. For purposes of this section, unless the check or order is postdated, it is prima facie evidence of knowledge that the check or order would not be honored if: …
A person commits the crime of possessing a fraudulent communications device if the person: Makes, possesses, sells, gives or otherwise transfers to another, or offers or advertises pictures or diagrams concerning an instrument, apparatus or device with intent that the same be used or with knowledge or reason to believe the same is intended to or may be used…
As used in this section and ORS 165.074, unless the context requires otherwise: “Cardholder” means a person to whom a payment card is issued or a person who is authorized to use the payment card. “Credit card” means a card, plate, booklet, credit card number, credit card account number or other identifying symbol, instrument or device that can be used to p…
A person commits the crime of unlawful factoring of a payment card transaction if the person intentionally or knowingly: Presents to or deposits with, or causes another to present to or deposit with, a financial institution for payment a payment card transaction record that is not the result of a payment card transaction between the cardholder and the perso…
As used in chapter 743, Oregon Laws 1971, unless the context requires otherwise: “Benefit” means gain or advantage to the beneficiary or to a third person pursuant to the desire or consent of the beneficiary. “Business records” means any writing or article kept or maintained by an enterprise for the purpose of evidencing or reflecting its condition or acti…
A person commits the crime of falsifying business records if, with intent to defraud, the person: Makes or causes a false entry in the business records of an enterprise; or Alters, erases, obliterates, deletes, removes or destroys a true entry in the business records of an enterprise; or Fails to make a true entry in the business records of an enterprise …
A person commits the crime of sports bribery if the person: Offers, confers or agrees to confer any benefit upon a sports participant with intent to influence the sports participant not to give the best effort of the sports participant in a sports contest; or Offers, confers or agrees to confer any benefit upon a sports official with intent to influence th…
A person commits the crime of sports bribe receiving if: As a sports participant the person solicits, accepts or agrees to accept any benefit from another person with the intent that the person will thereby be influenced not to give the best effort of the person in a sports contest; or As a sports official the person solicits, accepts or agrees to accept a…
A person commits the crime of misapplication of entrusted property if, with knowledge that the misapplication is unlawful and that it involves a substantial risk of loss or detriment to the owner or beneficiary of such property, the person intentionally misapplies or disposes of property that has been entrusted to the person as a fiduciary or that is propert…
A person commits the crime of issuing a false financial statement if, with intent to defraud, the person: Knowingly makes or utters a written statement which purports to describe the financial condition or ability to pay of the person or some other person and which is inaccurate in some material respect; or Represents in writing that a written statement pu…
A person commits the crime of obtaining execution of documents by deception if, with intent to defraud or injure another or to acquire a substantial benefit, the person obtains by means of fraud, deceit or subterfuge the execution of a written instrument affecting or purporting to affect the pecuniary interest of any person. Obtaining execution of documents…
165.107.
A person commits the offense of failing to maintain a cedar purchase record if the person buys or otherwise obtains cedar products directly from any person who has harvested the cedar without keeping a record of the products purchased or obtained. The record required by subsection (1) of this section shall be retained by the purchaser for a period of not le…
No person shall sell or offer to sell an assignment to another person knowing, or under the circumstances having reason to know, that the whole or a substantial part of the assignment is intended to be submitted under a student’s name in fulfillment of the requirements for a degree, diploma, certificate or course of study at any post-secondary institution. …
As used in ORS 165.116 to 165.124: “Commercial account” means an agreement or arrangement between a commercial seller and a scrap metal business for regularly or periodically selling, delivering, purchasing or receiving metal property. “Commercial metal property” means an item fabricated or containing parts made of metal or metal alloys that: Is used as, …
Before completing a transaction, a scrap metal business engaged in business in this state shall: Create a metal property record for the transaction at the time and in the location where the transaction occurs. The record must: Be accurate and written clearly and legibly in English; Be entered onto a standardized printed form or an electronic form that is …
A person commits the offense of unlawfully altering metal property if the person, with intent to deceive a scrap metal business as to the ownership or origin of an item of metal property, knowingly removes, alters, renders unreadable or invisible or obliterates a name, logo, model or serial number, personal identification number or other mark or method that …
Not later than two business days after receiving from a peace officer or law enforcement agency a subpoena for information related to a named or specified individual, vehicle or item of metal property, a scrap metal business shall provide to the peace officer or law enforcement agency a copy of a metal property record created under ORS 165.117 or a copy of t…
Except as provided in subsection (2) of this section, ORS 164.857, 165.116, 165.117, 165.118 and 165.122 do not apply to: A person engaged in recycling beverage containers as defined in ORS 459A.700. A person engaged in buying or selling used or empty food containers made of metal. A person to whom a vehicle dealer certificate has been issued under ORS 82…
In each county in which a scrap metal business, as defined in ORS 165.116, has a place of business, the district attorney of the county shall, after consulting with representatives of the affected law enforcement agencies and the business community, create a written plan of action that ensures effective communication between law enforcement and the business …
CRIMES INVOLVING COMMUNICATIONS
As used in ORS 41.910, 133.723, 133.724, 165.540 and 165.545: “Conversation” means the transmission between two or more persons of an oral communication which is not a telecommunication or a radio communication, and includes a communication occurring through a video conferencing program. “Person” has the meaning given that term in ORS 174.100 and includes:…
Except as otherwise provided in ORS 133.724 or 133.726 or subsections (2) to (8) of this section, a person may not: Obtain or attempt to obtain the whole or any part of a telecommunication or a radio communication to which the person is not a participant, by means of any device, contrivance, machine or apparatus, whether electrical, mechanical, manual or ot…
Within 30 days after the use of an electronic listening device under ORS 133.726 (7) or 165.540 (5)(a), the law enforcement agency using the device shall report to the district attorney of the county in the agency’s jurisdiction: The number of uses of the device and duration of the interceptions made by the law enforcement agency; The offense investigated;…
Except as provided in ORS 133.724 or as provided in ORS 165.540 (2)(a), any person who willfully intercepts, attempts to intercept or procures any other person to intercept or attempt to intercept any wire or oral communication where such person is not a party to the communication and where none of the parties to the communication has given prior consent to …
Nothing in ORS 165.535, 165.540 and this section, shall be construed as preventing fire or police governmental entities from recording, replaying or broadcasting telecommunication or radio communication that directly concern police or fire operation at the telephone or radio operation center or centers of such governmental entity.
A supervising law enforcement official having jurisdiction in a geographical area in which the official has probable cause to believe that a hostage is being held may order a telephone company security employee or alternate described in subsection (2) of this section to cut, reroute or divert telephone lines to prevent telephone communications between the in…
No person shall solicit by telephone contributions of money or any other thing of value, whether or not in exchange for a ticket or any other thing of value, for a charitable or eleemosynary purpose, whether bona fide or purported, unless the person: Has been a member in full standing for at least six months of the charitable organization conducting the sol…
ORS 165.555 does not apply to solicitations on behalf of hospitals or of nonprofit organizations organized and operated exclusively for religious, scientific, literary or educational purposes, or for the prevention of cruelty to children or animals.
A city or county may enact ordinances which are more strict than ORS 165.555 to 165.565. ORS 165.555 to 165.565 do not affect any ordinances which are more strict than ORS 165.555 to 165.565 and are in effect on October 5, 1973.
A person commits the crime of improper use of the emergency communications system if the person knowingly: Makes an emergency call or calls the tip line for a purpose other than to report a situation that the person reasonably believes requires prompt service in order to preserve human life or property; or Allows another person to use communications equipm…
A person commits the crime of interference with making a report if the person, by removing, damaging or interfering with a telephone line, telephone or similar communication equipment, intentionally prevents or hinders another person from making a report to a law enforcement agency, a law enforcement official or an agency charged with the duty of taking publ…
As used in ORS 165.575 to 165.583: “Cellular telephone” means a radio telecommunications device that may be used to obtain access to the public and cellular switch telephone networks and that is programmed by the manufacturer with an electronic serial number. “Cellular telephone service” means all services and cellular telephone equipment and capabilities …
A person commits the crime of cellular counterfeiting in the third degree if the person knowingly possesses a cloned cellular telephone and knows that the telephone is unlawfully cloned. Cellular counterfeiting in the third degree is a Class A misdemeanor.
A person commits the crime of cellular counterfeiting in the second degree if the person knowingly possesses, and knows the unlawful nature of using, any cloning paraphernalia or any instrument capable of intercepting electronic serial numbers, mobile identification numbers, other identifiable data or a combination thereof and: Causes more than $100 in loss…
A person commits the crime of cellular counterfeiting in the first degree if the person knowingly possesses or distributes, and knows the unlawful nature of using, any cloning paraphernalia or any instrument capable of intercepting electronic serial numbers, mobile identification numbers, other identifiable data or a combination thereof and agrees with, enco…
The provisions of ORS 165.577, 165.579 and 165.581 do not apply to: Officers, employees or agents of cellular telephone service providers who engage in conduct prohibited by ORS 165.577, 165.579 or 165.581 for the purpose of constructing, maintaining or conducting the radio telecommunication service or for law enforcement purposes; Law enforcement officers…
USE OF PEN REGISTERS AND TRAP AND TRACE DEVICES
As used in ORS 165.659 to 165.669, unless the context requires otherwise: “Electronic communication” has the meaning given in ORS 133.721. “Pen register” means a device which records or decodes electronic or other impulses which identify the numbers dialed or otherwise transmitted on the telephone line to which such device is attached, but does not include…
Except as provided in ORS 133.545, 133.575, 133.595, 133.617, 133.619, 133.721, 133.724, 133.729, 133.731, 133.735, 133.737, 133.739, 165.540 and 165.657 to 165.673, no person may install or use a pen register or trap and trace device.
The provider of electronic or wire communication service may use a pen register or a trap and trace device: In the operation, maintenance and testing of a wire or electronic communication service or in the protection of the rights or property of such provider or in the protection of users of that service from abuse of service or unlawful use of service; To…
Any police officer may apply to the circuit court in which judicial district the targeted telephone is located for an ex parte order or extension of an order authorizing the installation and use of a pen register or a trap and trace device. The application shall: Be in writing under oath; Include the identity of the applicant and the identity of the law en…
Upon application made under ORS 133.545, the court shall enter an ex parte order authorizing the installation and use of a pen register or a trap and trace device if the court finds that there is probable cause to believe that: An individual is committing, has committed or is about to commit: A particular felony of murder, kidnapping, arson, robbery, bribe…
Upon service of an order issued under ORS 133.545, 133.575, 133.595, 133.617, 133.619, 133.721, 133.724, 133.729, 133.731, 133.735, 133.737, 133.739, 165.540 and 165.657 to 165.673, a provider of wire or electronic communication service, landlord, custodian or other person shall furnish the investigating law enforcement agency forthwith with all information,…
A good faith reliance on a court order, a legislative authorization or a statutory authorization is a complete defense against any civil or criminal action brought under ORS 133.545, 133.575, 133.595, 133.617, 133.619, 133.721, 133.724, 133.726, 133.729, 133.731, 133.735, 133.737, 133.739, 165.540 and 165.657 to 165.673.
No law enforcement agency shall disclose lists of telephone numbers produced by a pen register or trap and trace device except in the performance of a law enforcement function or as otherwise provided by law or order of a court.
FALSE CLAIMS FOR HEALTH CARE PAYMENTS
As used in ORS 165.690, 165.692 and 165.694: “Claim for health care payment” means any request or demand for a health care payment, whether made in the form of a bill, claim form, cost report, invoice, electronic transmission or any other document. “Claim for health care payment” does not include any statement by a person on an application for coverage unde…
A person commits the crime of making a false claim for health care payment when the person: Knowingly makes or causes to be made a claim for health care payment that contains any false statement or false representation of a material fact in order to receive a health care payment; or Knowingly conceals from or fails to disclose to a health care payor the oc…
Single acts of making a false claim for health care payment may be added together into aggregated counts of making false claims for health care payments if the acts were committed: Against multiple health care payors by similar means within a 30-day period; or Against the same health care payor, or a contractor, or contractors, of the same health care payo…
The district attorney or the Attorney General may commence a prosecution under ORS 165.692.
The prosecuting attorney shall notify the Oregon Health Authority and any appropriate licensing boards of the conviction of a person under ORS 165.692. IDENTITY THEFT AND RELATED OFFENSES
A person commits the crime of identity theft if the person, with the intent to deceive or to defraud, obtains, possesses, transfers, creates, utters or converts to the person’s own use the personal identification of another person. Identity theft is a Class C felony. It is an affirmative defense to violating subsection (1) of this section that the person c…
A person commits the crime of aggravated identity theft if: The person violates ORS 165.800 in 10 or more separate incidents within a 180-day period; The person violates ORS 165.800 and the person has a previous conviction for aggravated identity theft; The person violates ORS 165.800 and the losses incurred in a single or aggregate transaction are $10,00…
A person commits the crime of misrepresentation of age by a minor if: Being less than a certain, specified age, the person knowingly purports to be of any age other than the true age of the person with the intent of securing a right, benefit or privilege which by law is denied to persons under that certain, specified age; or Being unmarried, the person kno…
A person commits the crime of unlawful possession of a personal identification device if the person possesses a personal identification device with the intent to use the device to commit a crime. As used in this subsection, “personal identification device” means a device that is used to manufacture or print: A driver license or permit or an identification c…
A person commits the crime of unlawful possession of fictitious identification if the person possesses a personal identification card containing identification information for a fictitious person with the intent to use the personal identification card to commit a crime. Unlawful possession of fictitious identification is a Class C felony. It is an affirmat…
A person commits the crime of criminal impersonation if: The person, with the intent to injure an individual, intentionally impersonates the individual in a communication to a third person without the individual’s consent; The person acts with the intent to deceive the third person into believing that the third person is communicating with the individual; …
No person shall sell or offer for sale any horse that is drugged, tranquilized or otherwise sedated without the consent of the buyer. Violation of subsection (1) of this section is a misdemeanor.
As used in ORS 165.845 and 165.850, “telegraphic copy” means any copy of a message made or prepared for delivery at the office to which the message may have been sent by telegraph.
Checks, due bills, promissory notes, bills of exchange and all orders or agreements for the payment or delivery of money or other thing of value may be made or drawn by telegraph, and when so made or drawn: Have the same force and effect to charge the maker, drawer, indorser or acceptor thereof; Create the same rights and equities in favor of the payee, dr…
Whenever any document to be sent by telegraph bears a seal, either private or official, it is not necessary for the operator to telegraph a description of the seal, or any word or device thereon, but the seal may be expressed in the telegraphic copy by the letters “L. S.,” or by the word “seal.” PENALTIES
Violation of ORS 165.692 is a Class C felony. Criminal prosecution of violators of ORS 165.692 must be commenced within five years after the commission of the crime. _______________