Title 16, Crimes and Punishments

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 “appropriate” means to: (a) Exercise control over property of another, or to aid a third person to exercise control over property…

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: (1) Takes, appropriates, obtains or withholds such property from an owner thereof; (2) Commits theft of property lost, mislaid or del…

(1) Except for the crime of extortion, conduct denominated theft under ORS 164.015 constitutes a single offense. (2) 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…

(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 was unaware that the property was that of another; or (b) The defendant reasonably believed that the defendant was entitled to the property involved …

(1) A person commits the crime of theft in the third degree if: (a) By means other than extortion, the person commits theft as defined in ORS 164.015; and (b) The total value of the property in a single or an aggregate transaction is less than $100. (2) Theft in the third degree …

(1) A person commits the crime of theft in the second degree if: (a) By means other than extortion, the person commits theft as defined in ORS 164.015; and (b) The total value of the property in a single or aggregate transaction is $100 or more and less than $1,000. (2) Theft in …

(1) 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: (a) The total value of the property in a single or aggregate transaction is $1,000 or more; (b) The theft is committed during a r…

(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 than a motor vehicle used primarily for personal rather than commercial transportation; and (b) The value of the property in a single or…

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: (1) The victim of the theft was 65 years of ag…

(1) 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: (a) The offender caused damage to property during the commission of the theft and the cost to res…

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 th…

(1) 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 fea…

(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 false impression of law, value, intention or other state of mind that the actor does not believe to be true; (b) Fails to …

(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 know that the property was the subject of theft. (2) It is a defense to a charge of violating subsection (1) of this section if: (…

(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 or abets the other person to violate ORS 164.015; (b) The subject of the theft is merchandise and the merchandise is taken from a mercan…

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 deemed to have a right of possession superior to that of another person who takes, obtains or withholds the property from that person by me…

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 section, value means the market value of the property at the time and place of the crime, or if such cannot reasonably be ascertaine…

(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 only for compensation, by force, threat, deception or other means to avoid payment for the services; or (b) Having control over the di…

(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 when the charges for service would have been billable, in normal course, by a person providing telephone or tel…

(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 for sale, rental or use, possesses for sale, rental or use, or advertises for sale, rental or use, any d…

(1) A person commits the crime of unauthorized use of a vehicle when: (a)(A) The person knowingly takes, operates, exercises control over or otherwise uses another’s vehicle, boat or aircraft; (B) The person is aware of and consciously disregards a substantial and unjustifiable r…

(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 commercial renter of motor vehicles under a written agreement that provides for the return of the motor vehicle to a particular place at a part…

(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 commercial renter of personal property under a written agreement which provides for the return of the item to a particular place at a part…

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 deposit outgoing mail or used by the Postal Service to deliver incoming mail. (2) “Mail” means any letter, card, parcel or other material…

(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, obtains mail from a post office, postal station, mail receptacle, authorized depository or mail carrier; (b) Takes from mail any article contai…

(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 defendant was unaware that the property was that of another person; (b) The defendant reasonably believed that the defendant was entitled to the proper…

(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 the proceeds of some form, though not necessarily which form, of unlawful activity, conducts or attempts to conduct a fin…

(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 attempts to engage in a financial transaction in property that: (a) Constitutes, or is derived from, the proceeds of unlawful act…

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 empl…

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, boat, aircraft or other structure adapted for overnight accommodation of persons or for carrying on business therein. Whe…

(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 unlawfully in a building with intent to commit a crime therein. (2) Burglary in the second degree is a Class C felony. [1971 c.743 §136; 19…

(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 if in effecting entry or while in a building or in immediate flight therefrom the person: (a) Is armed with a burglary tool or theft device as defi…

(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 and the person: (a) Intends to use the tool or device to commit or facilitate a forcible entry into premises or a theft by a physical taking; or…

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 hot…

(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 in or upon premises. (2) Criminal trespass in the second degree is a Class C misdemeanor. [1971 c.743 §139; 1999 c.1040 §9]

(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) Having been denied future entry to a building pursuant to a merchant’s notice of trespass, reenters the building during hours when the buildi…

(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. (2) Criminal trespass while in possession of a firearm is a Class A misdemeanor. [1979 c.603 §2]

(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: (a) Signs must…

(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. (2) Unlawful entry into a motor vehicle is a Class A misdemeanor. (3) As used in this section, “enters” i…

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 a team participating in a sports event. (2) “Inappropriate behavior” means: (a) Engaging in fighting or in violent, tumultuous or threatening behavi…

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] Note: See note…

(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 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 tak…

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 people, including “public buildings” as defined by ORS 479.168 and “forestland,” as defined by ORS 477.001. (2) “Prope…

(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 damages: (A) Any building of another that is not protected property; or (B) Any property of another and the damages to the property exceed $75…

(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 damages: (A) Protected property of another; (B) Any property, whether the property of the person or the property of another person, and such ac…

(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 a Class A misdemeanor. [1971 c.743 §142]

(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: (a) Any building of another tha…

(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: (a) The protected property of an…

(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 interf…

(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, 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…