Chapter 164 — Chapter 164
181 sections in this chapter.
ORS 164.250 [Repealed by 1971 c.743 §432]
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[Repealed or reserved.]
ORS 164.255 Criminal trespass in the first degree. (1) A person commits the crime of criminal trespass in the first degree if the person
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(a) Enters or remains unlawfully in a dwelling; (b) 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; (c) Enters or remains…
ORS 164.260 [Repealed by 1971 c.743 §432]
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[Repealed or reserved.]
ORS 164.265 Criminal trespass while in possession of a 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 unlawfully in or upon premises
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(2) Criminal trespass while in possession of a firearm is a Class A misdemeanor. [1979 c.603 §2]
ORS 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 vehicles by posting signs on or near the boundaries of the closed premises at the normal points of entry as follows
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(a) Signs must be no smaller than eight inches in height and 11 inches in width; (b) Signs must contain the words “Closed to Motor-propelled Vehicles” or words to that effect in letters no less than one inch in height; (c) Signs must display the name, business address and phone n…
ORS 164.272 Unlawful entry into a 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 motor vehicle, with the intent to commit a crime
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(2) Unlawful entry into a motor vehicle is a Class A misdemeanor. (3) As used in this section, “enters” includes, but is not limited to, inserting: (a) Any part of the body; or (b) Any object connected with the body. [1995 c.782 §1] Note: 164.272 was enacted into law by the Legis…
ORS 164.274 Definitions for ORS 164.276 and 164.278. As used in ORS 164.276 and 164.278
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(1) “Coach” means a person who instructs or trains members of a team or directs the strategy of a team participating in a sports event. (2) “Inappropriate behavior” means: (a) Engaging in fighting or in violent, tumultuous or threatening behavior; (b) Violating the rules of condu…
ORS 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 which the sports official is officiating if the coach, team player or spectator is engaging in inappropriate behavior. [2003 c.629 §2]
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Note: See note under 164.274.
ORS 164.278 Criminal trespass at a sports event. (1) A person commits the crime of criminal trespass at a sports event if the person
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(a) Is a coach, team player or spectator at a sports event; (b) Engages in inappropriate behavior; (c) Has been ordered by a sports official to leave the premises at which the sports event is taking place; and (d) Fails to leave the premises or returns to the premises during the …
ORS 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
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(1) “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. (2) “Property of another” means property in which anyone other than the actor has a leg…
ORS 164.310 [Amended by 1957 c.653 §1; 1959 c.302 §2; repealed by 1971 c.743 §432]
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[Repealed or reserved.]
ORS 164.315 Arson in the second degree. (1) A person commits the crime of arson in the second degree if
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(a) By starting a fire or causing an explosion, the person intentionally damages: (A) Any building of another that is not protected property; or (B) Any property of another and the damages to the property exceed $750; or (b) By knowingly engaging in the manufacture of methampheta…
ORS 164.320 [Amended by 1959 c.77 §1; repealed by 1971 c.743 §432]
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[Repealed or reserved.]
ORS 164.325 Arson in the first degree. (1) A person commits the crime of arson in the first degree if
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(a) By starting a fire or causing an explosion, the person intentionally damages: (A) Protected property of another; (B) 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 …
ORS 164.330 [Repealed by 1971 c.743 §432]
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[Repealed or reserved.]
ORS 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
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(2) Reckless burning is a Class A misdemeanor. [1971 c.743 §142]
ORS 164.338 Arson incident to the manufacture of a controlled substance in the second degree. (1) 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
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(a) Any building of another that is not protected property; or (b) Any property of another and the damages to the property exceed $750. (2) Arson incident to the manufacture of a controlled substance in the second degree is a Class C felony. (3) As used in this section and ORS 16…
ORS 164.340 [Repealed by 1971 c.743 §432]
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[Repealed or reserved.]
ORS 164.342 Arson incident to the manufacture of a controlled substance in the first degree. (1) 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
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(a) The protected property of another; (b) Any property, whether the property of the person or the property of another person, if the fire or explosion recklessly places another person in danger of physical injury or protected property of another in danger of damage; or (c) Any p…
ORS 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 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
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(2) Criminal mischief in the third degree is a Class C misdemeanor. [1971 c.743 §145]
ORS 164.350 [Repealed by 1971 c.743 §432]
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[Repealed or reserved.]
ORS 164.354 Criminal mischief in the second degree. (1) A person commits the crime of criminal mischief in the second degree if
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(a) The person violates ORS 164.345, and as a result thereof, damages property in an amount exceeding $500; or (b) 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 reckle…
ORS 164.355 [1967 c.378 §§1,2,3,4; 1969 c.287 §1; repealed by 1971 c.743 §432]
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[Repealed or reserved.]
ORS 164.360 [Repealed by 1971 c.743 §432]
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[Repealed or reserved.]
ORS 164.362 [1957 c.714 §§1,6(1); repealed by 1971 c.743 §432]
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[Repealed or reserved.]
ORS 164.364 [1957 c.714 §§4,5; repealed by 1971 c.743 §432]
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[Repealed or reserved.]
ORS 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 so nor reasonable ground to believe that the person has such right
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(a) Damages or destroys property of another: (A) In an amount exceeding $1,000; (B) By means of an explosive; (C) By starting a fire in an institution while the person is committed to and confined in the institution; (D) Which is a livestock animal as defined in ORS 164.055; (E) …
ORS 164.366 [1957 c.714 §§2,6(2); repealed by 1971 c.743 §432]
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[Repealed or reserved.]
ORS 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 incidents of criminal mischief were committed
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(1) Against multiple victims in the same course of conduct; or (2) Against the same victim, or two or more persons who are joint owners, within a 30-day period. [1999 c.1040 §12] Note: 164.367 was enacted into law by the Legislative Assembly but was not added to or made a part of…
ORS 164.368 [1957 c.714 §3; repealed by 1971 c.743 §432]
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[Repealed or reserved.]
ORS 164.369 [1989 c.584 §4; 2003 c.543 §5; renumbered 167.337 in 2003]
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[Repealed or reserved.]
ORS 164.370 [Repealed by 1971 c.743 §432]
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[Repealed or reserved.]
ORS 164.373 Tampering with cable television equipment. (1) A person commits the crime of tampering with cable television equipment if the person
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(a) 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; or …
ORS 164.377 Computer crime. (1) As used in this section
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(a) 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. (b) “Computer” means, but is not limited to, an electronic, magnetic, optical electrochemical or other…
ORS 164.380 [Repealed by 1971 c.743 §432]
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GRAFFITI-RELATED OFFENSES
ORS 164.381 Definitions. As used in ORS 137.131, 164.381 to 164.386 and 419C.461
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(1) “Graffiti” means any inscriptions, words, figures or designs that are marked, etched, scratched, drawn, painted, pasted or otherwise affixed to the surface of property. (2) “Graffiti implement” means paint, ink, chalk, dye or other substance or any instrument or article desig…
ORS 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 the person has such right, intentionally damages property of another by applying graffiti to the property
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(2) Unlawfully applying graffiti is a Class A violation. Upon a conviction for unlawfully applying graffiti, a court, in addition to any fine it imposes and pursuant to ORS 137.128 but notwithstanding ORS 137.129, may order the defendant to perform up to 100 hours of community se…
ORS 164.385 [1967 c.243 §1; repealed by 1971 c.743 §432]
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[Repealed or reserved.]
ORS 164.386 Unlawfully possessing a 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 graffiti implement in violation of ORS 164.383
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(2) 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 fine it imposes and pursuant to ORS 137.128 but notwithstanding ORS 137.129, may order the defendant to perform up …
ORS 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 prosecution under ORS 164.345, 164.354 or 164.365. [1995 c.615 §7; 1999 c.1040 §6]
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Note: See note under 164.381.
ORS 164.390 [1959 c.626 §§1,4; repealed by 1971 c.743 §432]
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[Repealed or reserved.]
ORS 164.392 [1959 c.626 §§2,3; repealed by 1971 c.743 §432]
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ROBBERY
ORS 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 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
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(a) Preventing or overcoming resistance to the taking of the property or to retention thereof immediately after the taking; or (b) Compelling the owner of such property or another person to deliver the property or to engage in other conduct which might aid in the commission of th…
ORS 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
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(a) Represents by word or conduct that the person is armed with what purports to be a dangerous or deadly weapon; or (b) Is aided by another person actually present. (2) Robbery in the second degree is a Class B felony. [1971 c.743 §149]
ORS 164.410 [Repealed by 1971 c.743 §432]
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[Repealed or reserved.]
ORS 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
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(a) Is armed with a deadly weapon; (b) Uses or attempts to use a dangerous weapon; or (c) Causes or attempts to cause serious physical injury to any person. (2) Robbery in the first degree is a Class A felony. [1971 c.743 §150; 2007 c.71 §51]
ORS 164.420 [Repealed by 1971 c.743 §432]
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[Repealed or reserved.]
ORS 164.430 [Repealed by 1971 c.743 §432]
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[Repealed or reserved.]
ORS 164.440 [Amended by 1969 c.511 §1; repealed by 1971 c.404 §8 and by 1971 c.743 §432]
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[Repealed or reserved.]
ORS 164.450 [Repealed by 1971 c.743 §432]
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[Repealed or reserved.]