Oregon Statutes - Chapter 164 - Offenses Against Property

164.005 Definitions.
As used in chapter 743, Oregon Laws 1971, unless the context requires otherwise: (1) �Appropriate property of another to oneself or a third person� or...
164.010 [Amended by 1959 c.236 §1; repealed by 1971 c.743 §432]
164.015 �Theft� described.
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...
164.020 [Amended by 1959 c.236 §2; repealed by 1971 c.743 §432]
164.025 Consolidation of theft offenses; pleading and proof.
(1) Except for the crime of theft by extortion, conduct denominated theft under ORS 164.015 constitutes a single offense. (2) If it is an element...
164.030 [Amended by 1955 c.37 §1; 1959 c.236 §3; repealed by 1971 c.743 §432]
164.035 Defenses to theft.
(1) In a prosecution for theft it is a defense that the defendant acted under an honest claim of right, in that: (a) The defendant...
164.040 [Amended by 1959 c.236 §4; repealed by 1971 c.743 §432]
164.043 Theft in the third degree.
(1) A person commits the crime of theft in the third degree if, by means other than extortion, the person: (a) Commits theft as defined...
164.045 Theft in the second degree.
(1) A person commits the crime of theft in the second degree if, by other than extortion, the person: (a) Commits theft as defined in...
164.050 [Repealed by 1965 c.253 §153]
164.055 Theft in the first degree.
(1) A person commits the crime of theft in the first degree if, by other than extortion, the person commits theft as defined in ORS...
164.057 Aggravated theft in the first degree.
(1) A person commits the crime of aggravated theft in the first degree, if: (a) The person violates ORS 164.055 with respect to property, other...
164.060 [Repealed by 1965 c.253 §153]
164.065 Theft of lost, mislaid property.
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...
164.070 [Amended by 1965 c.253 §131; repealed by 1971 c.743 §432]
164.075 Theft by extortion.
(1) A person commits theft by extortion when the person compels or induces another to deliver property to the person or to a third person...
164.080 [Repealed by 1971 c.743 §432]
164.085 Theft by deception.
(1) A person, who obtains property of another thereby, commits theft by deception when, with intent to defraud, the person: (a) Creates or confirms another�s...
164.090 [Repealed by 1971 c.743 §432]
164.095 Theft by receiving.
(1) A person commits theft by receiving if the person receives, retains, conceals or disposes of property of another knowing or having good reason to...
164.098 Organized retail theft.
(1) A person commits the crime of organized retail theft if, acting in concert with another person: (a) The person violates ORS 164.015 or aids...
164.100 [Repealed by 1971 c.743 §432]
164.105 Right of possession.
Right of possession of property is as follows: (1) A person who has obtained possession of property by theft or other illegal means shall be...
164.110 [Repealed by 1971 c.743 §432]
164.115 Value of property.
For the purposes of chapter 743, Oregon Laws 1971, the value of property shall be ascertained as follows: (1) Except as otherwise specified in this...
164.125 Theft of services.
(1) A person commits the crime of theft of services if: (a) With intent to avoid payment therefor, the person obtains services that are available...
164.130 Application of ORS 164.125 to telephone or telegraph services; jurisdiction.
(1) 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...
164.132 Unlawful distribution of cable television equipment.
(1) A person commits the crime of unlawful distribution of cable television equipment if the person knowingly manufactures, imports into this state, distributes, sells, offers...
164.135 Unauthorized use of a vehicle.
(1) A person commits the crime of unauthorized use of a vehicle when: (a) The person takes, operates, exercises control over, rides in or otherwise...
164.138 Criminal possession of a rented or leased motor vehicle.
(1) A person commits the offense of criminal possession of a rented or leased motor vehicle if: (a) After renting a motor vehicle from a...
164.140 Criminal possession of rented or leased personal property.
(1) A person is guilty of criminal possession of rented or leased personal property if: (a) After renting an item of personal property from a...
164.160 Definitions.
As used in this section and ORS 164.162: (1) �Authorized depository� means a mailbox, post office box or rural box used by postal customers to...
164.162 Mail theft or receipt of stolen mail.
(1) A person commits the crime of mail theft or receipt of stolen mail if the person intentionally: (a) Takes or, by fraud or deception,...
164.164 Defense in prosecution under ORS 164.162; applicability of ORS 164.162.
(1) In a prosecution under ORS 164.162, it is a defense that the defendant acted under an honest claim of right in that: (a) The...
164.170 Laundering a monetary instrument.
(1) A person commits the crime of laundering a monetary instrument if the person: (a) Knowing that the property involved in a financial transaction represents...
164.172 Engaging in a financial transaction in property derived from unlawful activity.
(1) A person commits the crime of engaging in a financial transaction in property derived from unlawful activity if the person knowingly engages in or...
164.174 Exceptions.
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...
164.205 Definitions for ORS 164.205 to 164.270.
As used in ORS 164.205 to 164.270, except as the context requires otherwise: (1) �Building,� in addition to its ordinary meaning, includes any booth, vehicle,...
164.210 [Repealed by 1971 c.743 §432]
164.215 Burglary in the second degree.
(1) 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...
164.220 [Repealed by 1971 c.743 §432]
164.225 Burglary in the first degree.
(1) 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...
164.230 [Repealed by 1971 c.743 §432]
164.235 Possession of a burglary tool or theft device.
(1) A person commits the crime of possession of a burglary tool or theft device if the person possesses a burglary tool or theft device...
164.240 [Amended by 1959 c.99 §1; repealed by 1971 c.743 §432]
164.243 Criminal trespass in the second degree by a guest.
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...
164.245 Criminal trespass in the second degree.
(1) A person commits the crime of criminal trespass in the second degree if the person enters or remains unlawfully in a motor vehicle or...
164.250 [Repealed by 1971 c.743 §432]
164.255 Criminal trespass in the first degree.
(1) A person commits the crime of criminal trespass in the first degree if the person: (a) Enters or remains unlawfully in a dwelling; (b)...
164.260 [Repealed by 1971 c.743 §432]
164.265 Criminal trespass while in possession of firearm.
(1) A person commits the crime of criminal trespass while in possession of a firearm who, while in possession of a firearm, enters or remains...
164.270 Closure of premises to motor-propelled vehicles.
(1) 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...
164.272 Unlawful entry into motor vehicle.
(1) A person commits the crime of unlawful entry into a motor vehicle if the person enters a motor vehicle, or any part of a...
164.274 Definitions for ORS 164.276 and 164.278.
As used in ORS 164.276 and 164.278: (1) �Coach� means a person who instructs or trains members of a team or directs the strategy of...
164.276 Authority of sports official to expel persons from sports event.
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...
164.278 Criminal trespass at sports event.
(1) A person commits the crime of criminal trespass at a sports event if the person: (a) Is a coach, team player or spectator at...
164.305 Definitions for ORS 164.305 to 164.377.
As used in ORS 164.305 to 164.377, except as the context requires otherwise: (1) �Protected property� means any structure, place or thing customarily occupied by...
164.310 [Amended by 1957 c.653 §1; 1959 c.302 §2; repealed by 1971 c.743 §432]
164.315 Arson in the second degree.
(1) A person commits the crime of arson in the second degree if: (a) By starting a fire or causing an explosion, the person intentionally...
164.320 [Amended by 1959 c.77 §1; repealed by 1971 c.743 §432]
164.325 Arson in the first degree.
(1) A person commits the crime of arson in the first degree if: (a) By starting a fire or causing an explosion, the person intentionally...
164.330 [Repealed by 1971 c.743 §432]
164.335 Reckless burning.
(1) A person commits the crime of reckless burning if the person recklessly damages property of another by fire or explosion. (2) Reckless burning is...
164.340 [Repealed by 1971 c.743 §432]
164.345 Criminal mischief in the third degree.
(1) A person commits the crime of criminal mischief in the third degree if, with intent to cause substantial inconvenience to the owner or to...
164.350 [Repealed by 1971 c.743 §432]
164.354 Criminal mischief in the second degree.
(1) A person commits the crime of criminal mischief in the second degree if: (a) The person violates ORS 164.345, and as a result thereof,...
164.355 [1967 c.378 §§1,2,3,4; 1969 c.287 §1; repealed by 1971 c.743 §432]
164.360 [Repealed by 1971 c.743 §432]
164.362 [1957 c.714 §§1,6(1); repealed by 1971 c.743 §432]
164.364 [1957 c.714 §§4,5; repealed by 1971 c.743 §432]
164.365 Criminal mischief in the first degree.
(1) A person commits the crime of criminal mischief in the first degree who, with intent to damage property, and having no right to do...
164.366 [1957 c.714 §§2,6(2); repealed by 1971 c.743 §432]
164.367 Determining value of damage; aggregation.
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...
164.368 [1957 c.714 §3; repealed by 1971 c.743 §432]
164.369 [1989 c.584 §4; 2003 c.543 §5; renumbered 167.337 in 2003]
164.370 [Repealed by 1971 c.743 §432]
164.373 Tampering with cable television equipment.
(1) A person commits the crime of tampering with cable television equipment if the person: (a) Knowingly tampers or otherwise interferes with or connects to...
164.377 Computer crime.
(1) As used in this section: (a) To �access� means to instruct, communicate with, store data in, retrieve data from or otherwise make use of...
164.380 [Repealed by 1971 c.743 §432]
164.381 Definitions.
As used in ORS 137.131, 164.381 to 164.386 and 419C.461: (1) �Graffiti� means any inscriptions, words, figures or designs that are marked, etched, scratched, drawn,...
164.383 Unlawfully applying graffiti.
(1) A person commits the offense of unlawfully applying graffiti if the person, having no right to do so nor reasonable ground to believe that...
164.385 [1967 c.243 §1; repealed by 1971 c.743 §432]
164.386 Unlawfully possessing graffiti implement.
(1) A person commits the offense of unlawfully possessing a graffiti implement if the person possesses a graffiti implement with the intent of using the...
164.388 Preemption.
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...
164.390 [1959 c.626 §§1,4; repealed by 1971 c.743 §432]
164.392 [1959 c.626 §§2,3; repealed by 1971 c.743 §432]
164.395 Robbery in the third degree.
(1) A person commits the crime of robbery in the third degree if in the course of committing or attempting to commit theft or unauthorized...
164.405 Robbery in the second degree.
(1) A person commits the crime of robbery in the second degree if the person violates ORS 164.395 and the person: (a) Represents by word...
164.410 [Repealed by 1971 c.743 §432]
164.415 Robbery in the first degree.
(1) A person commits the crime of robbery in the first degree if the person violates ORS 164.395 and the person: (a) Is armed with...
164.420 [Repealed by 1971 c.743 §432]
164.430 [Repealed by 1971 c.743 §432]
164.440 [Amended by 1969 c.511 §1; repealed by 1971 c.404 §8 and by 1971 c.743 §432]
164.450 [Repealed by 1971 c.743 §432]
164.452 [1965 c.100 §300; repealed by 1971 c.743 §432]
164.455 [1953 c.535 §1; 1959 c.687 §2; 1965 c.453 §1; repealed by 1971 c.743 §432]
164.460 [Amended by 1957 c.470 §1; 1959 c.530 §2; 1969 c.501 §3; repealed by 1971 c.743 §432]
164.462 [1963 c.552 §§1,2; 1965 c.450 §1; repealed by 1971 c.743 §432]
164.465 [1953 c.430 §1; 1959 c.687 §3; repealed by 1971 c.743 §432]
164.470 [Amended by 1969 c.594 §1; repealed by 1971 c.743 §432]
164.480 [Repealed by 1971 c.743 §432]
164.485 [1969 c.652 §1; repealed by 1971 c.743 §432]
164.490 [1969 c.652 §2; repealed by 1971 c.743 §432]
164.500 [1969 c.652 §§3,4,6; repealed by 1971 c.743 §432]
164.505 [1969 c.652 §5; repealed by 1971 c.743 §432]
164.510 [Repealed by 1971 c.743 §432]
164.520 [Repealed by 1971 c.743 §432]
164.530 [Repealed by 1971 c.743 §432]
164.540 [Repealed by 1971 c.743 §432]
164.550 [Repealed by 1971 c.743 §432]
164.555 [1963 c.552 §3; repealed by 1971 c.743 §432]
164.560 [Repealed by 1971 c.743 §432]
164.570 [Repealed by 1971 c.743 §432]
164.580 [Amended by 1959 c.580 §103; repealed by 1971 c.743 §432]
164.590 [Repealed by 1971 c.743 §432]
164.610 [Repealed by 1971 c.743 §432]
164.620 [Repealed by 1971 c.743 §432]
164.630 [Repealed by 1971 c.743 §432]
164.635 [1961 c.310 §2; 1967 c.332 §1; repealed by 1971 c.743 §432]
164.640 [Repealed by 1971 c.743 §432]
164.650 [Repealed by 1971 c.743 §432]
164.660 [Amended by 1967 c.390 §1; repealed by 1971 c.743 §432]
164.670 [Amended by 1965 c.552 §1; repealed by 1971 c.743 §432]
164.680 [Repealed by 1971 c.743 §432]
164.690 [Repealed by 1971 c.743 §432]
164.700 [1965 c.594 §1; repealed by 1971 c.743 §432]
164.710 [Amended by 1969 c.517 §1; repealed by 1971 c.743 §432]
164.720 [Repealed by 1971 c.743 §432]
164.730 [Amended by 1967 c.351 §1; repealed by 1971 c.743 §432]
164.740 [Repealed by 1971 c.743 §432]
164.750 [1969 c.584 §1; repealed by 1971 c.743 §432]
164.760 [1969 c.584 §§2,3; repealed by 1971 c.743 §432]
164.770 [1969 c.584 §4; repealed by 1971 c.743 §432]
164.775 Deposit of trash within 100 yards of waters or in waters; license suspensions; civil penalties; credit for work in lieu of fine.
(1) It is unlawful for any person to discard any glass, cans or other trash, rubbish, debris or litter on land within 100 yards of...
164.780 [1969 c.584 §5; repealed by 1971 c.743 §432]
164.785 Placing offensive substances in waters, on highways or other property.
(1) It is unlawful for any person, including a person in the possession or control of any land, to discard any dead animal carcass or...
164.805 Offensive littering.
(1) A person commits the crime of offensive littering if the person creates an objectionable stench or degrades the beauty or appearance of property or...
164.810 [Repealed by 1971 c.743 §432]
164.813 Unlawful cutting and transport of special forest products.
(1) It is unlawful for any person to cut or split wood into special forest products or to harvest or remove special forest products from...
164.814 State Forester required to develop forms for special forest products.
No later than three months after September 9, 1995, the State Forester shall develop a typical form for the permit and document of sale required...
164.815 Unlawful transport of hay.
(1) A person commits the crime of unlawfully transporting hay if the person knowingly transports more than 20 bales of hay on a public highway...
164.820 [Amended by 1971 c.647 §1; repealed by 1971 c.743 §432]
164.825 Cutting and transport of coniferous trees without permit or bill of sale.
(1) It is unlawful for any person to cut more than five coniferous trees unless the person has in possession written permission to do so...
164.828 Ownership as affirmative defense under ORS 164.813 and 164.825.
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...
164.830 [Repealed by 1971 c.743 §432]
164.835 Investigation to prevent violations of ORS 164.813 and 164.825.
(1) 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...
164.840 [Repealed by 1971 c.743 §432]
164.845 Arrest, summons for cutting or transport of trees or special forest products; effect of failure to appear.
(1) Whenever any peace officer has reasonable cause to believe that a person is cutting or transporting trees or special forest products in violation of...
164.850 [Repealed by 1971 c.743 §432]
164.855 Seizure of trees or special forest products cut or transported in violation of ORS 164.813 or 164.825.
(1) Whenever any peace officer has reasonable cause for believing that a person is cutting or transporting trees or special forest products in violation of...
164.860 [Repealed by 1971 c.743 §432]
164.863 Unlawful transport of meat animal carcasses.
(1) Except as provided in subsection (2) of this section, it shall be unlawful for any person to transport the carcass or a primal cut...
164.864 Definitions for ORS 164.864 to 164.882.
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: (1) �Audiovisual recording function�...
164.865 Unlawful sound recording.
(1) A person commits the crime of unlawful sound recording if the person: (a) Reproduces for sale any sound recording without the written consent of...
164.866 Civil action for injuries caused by criminal acts.
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...
164.867 Applicability of ORS 164.868, 164.869 and 164.872.
The provisions of ORS 164.868, 164.869 and 164.872 apply only to persons operating commercial enterprises. [1993 c.95 §2] Note: See note under 164.864.
164.868 Unlawful labeling of a sound recording.
(1) A person commits unlawful labeling of a sound recording if the person: (a) Fails to disclose the origin of a sound recording when the...
164.869 Unlawful recording of a live performance.
(1) A person commits unlawful recording of a live performance if the person: (a)(A) Advertises or offers for sale, sells, rents, transports, or causes the...
164.870 [Repealed by 1957 c.269 §1; (164.871 enacted in lieu of 164.870)]
164.871 [1957 c.269 §2 (enacted in lieu of 164.870); repealed by 1971 c.743 §432]
164.872 Unlawful labeling of a videotape recording.
(1) A person commits unlawful labeling of a videotape recording if the person: (a) Fails to disclose the origin of a recording when the person...
164.873 Exemptions from ORS 164.865, 164.868, 164.869, 164.872 and 164.875.
(1) The provisions of ORS 164.872 and 164.875 do not apply to: (a) The production of a videotape of a motion picture that is defined...
164.875 Unlawful videotape recording.
(1) A person commits the crime of unlawful videotape recording if the person: (a) Produces for sale any videotape without the written consent of the...
164.876 [1993 c.95 §12; repealed by 2001 c.666 §56]
164.877 [1989 c.1003 §§2,3; renumbered 164.886 in 2007]
164.879 [2001 c.666 §50; repealed by 2005 c.830 §48]
164.880 [Repealed by 1971 c.743 §432]
164.882 Unlawful operation of an audiovisual device.
(1) A person commits the crime of unlawful operation of an audiovisual device if the person knowingly operates the audiovisual recording function of any device...
164.885 Endangering aircraft.
(1) A person commits the crime of endangering aircraft if the person knowingly: (a) Throws an object at, or drops an object upon, an aircraft;...
164.886 Unlawful tree spiking; unlawful possession of substance that can damage certain wood processing equipment.
(1) A person commits the crime of unlawful tree spiking if the person knowingly drives or places in any tree or saw log, without the...
164.887 Interference with agricultural operations.
(1) Except as provided in subsection (3) of this section, a person commits the offense of interference with agricultural operations if the person, while on...
164.889 Interference with agricultural research.
(1) A person commits the crime of interference with agricultural research if the person knowingly: (a) Damages any property at an agricultural research facility with...
164.890 [Repealed by 1971 c.743 §432]
164.900 [Repealed by 1971 c.743 §432]

Last modified: August 7, 2008