Chapter 165 — Chapter 165
169 sections in this chapter.
ORS 165.002 Definitions for ORS 165.002 to 165.070. As used in ORS 165.002 to 165.027, and 165.032 to 165.070, unless the context requires otherwise
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(1) “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 information or constitu…
ORS 165.005 [Amended by 1955 c.435 §1; repealed by 1971 c.743 §432]
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[Repealed or reserved.]
ORS 165.007 Forgery in the second degree. (1) A person commits the crime of forgery in the second degree if, with intent to injure or defraud, the person
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(a) Falsely makes, completes or alters a written instrument; or (b) Utters a written instrument which the person knows to be forged. (2) Forgery in the second degree is a Class A misdemeanor. [1971 c.743 §152]
ORS 165.010 [Repealed by 1971 c.743 §432]
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[Repealed or reserved.]
ORS 165.012 [1963 c.553 §1; repealed by 1971 c.743 §432]
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[Repealed or reserved.]
ORS 165.013 Forgery in the first degree. (1) A person commits the crime of forgery in the first degree if the person violates ORS 165.007
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(a) And the written instrument is or purports to be any of the following: (A) Part of an issue of money, securities, postage or revenue stamps, or other valuable instruments issued by a government or governmental agency; (B) Part of an issue of stock, bonds or other instruments r…
ORS 165.015 [Repealed by 1971 c.743 §432]
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[Repealed or reserved.]
ORS 165.017 Criminal possession of a forged instrument in the second degree. (1) 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
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(2) Criminal possession of a forged instrument in the second degree is a Class A misdemeanor. [1971 c.743 §154]
ORS 165.020 [Repealed by 1971 c.743 §432]
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[Repealed or reserved.]
ORS 165.022 Criminal possession of a forged instrument in the first degree. (1) 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)
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(2) Criminal possession of a forged instrument in the first degree is a Class C felony. [1971 c.743 §155; 2005 c.761 §2]
ORS 165.025 [Repealed by 1971 c.743 §432]
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[Repealed or reserved.]
ORS 165.027 Evidence admissible to prove forgery or possession of forged instrument. (1) 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 true and forged bills or notes thereof, may be admitted to prove that it is a forgery
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(2) In any prosecution for forgery or for criminal possession of any note, certificate, bond, bill of credit, or other security or evidence of debt issued on behalf of the United States or any state or territory, the certificate duly sworn to of the Secretary of the Treasury, or …
ORS 165.030 [Amended by 1961 c.715 §1; repealed by 1971 c.743 §432]
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[Repealed or reserved.]
ORS 165.032 Criminal possession of a forgery device. (1) A person commits the crime of criminal possession of a forgery device if
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(a) 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 (b) With intent to use, or to aid or permit another to us…
ORS 165.035 [Repealed by 1971 c.743 §432]
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[Repealed or reserved.]
ORS 165.037 Criminal simulation. (1) A person commits the crime of criminal simulation if
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(a) 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 (b) With knowledge of its true character and with intent to defraud, the person utters or pos…
ORS 165.040 [Repealed by 1971 c.743 §432]
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[Repealed or reserved.]
ORS 165.042 Fraudulently obtaining a signature. (1) 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
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(2) Fraudulently obtaining a signature is a Class A misdemeanor. [1971 c.743 §158]
ORS 165.045 [Repealed by 1971 c.743 §432]
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[Repealed or reserved.]
ORS 165.047 Unlawfully using slugs. (1) A person commits the crime of unlawfully using slugs if
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(a) 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 (b) The person makes, possesses, offers for sale or disposes of a slug with intent to enable a pe…
ORS 165.055 Fraudulent use of a credit card. (1) 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
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(a) The card is stolen or forged; (b) The card has been revoked or canceled; or (c) For any other reason the use of the card is unauthorized by either the issuer or the person to whom the credit card is issued. (2) “Credit card” means a card, booklet, credit card number or other …
ORS 165.065 Negotiating a bad check. (1) 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
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(2) 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) The drawer has no account with the drawee at the time the check or order is drawn or uttered; or (b) Payment is r…
ORS 165.070 Possessing fraudulent communications device
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(1) A person commits the crime of possessing a fraudulent communications device if the person: (a) 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 sam…
ORS 165.072 Definitions for ORS 165.072 and 165.074. As used in this section and ORS 165.074, unless the context requires otherwise
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(1) “Cardholder” means a person to whom a payment card is issued or a person who is authorized to use the payment card. (2) “Credit card” means a card, plate, booklet, credit card number, credit card account number or other identifying symbol, instrument or device that can be use…
ORS 165.074 Unlawful factoring of payment card transaction. (1) A person commits the crime of unlawful factoring of a payment card transaction if the person intentionally or knowingly
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(a) 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 person; (b) Employs, solicits or otherwise …
ORS 165.075 Definitions. As used in chapter 743, Oregon Laws 1971, unless the context requires otherwise
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(1) “Benefit” means gain or advantage to the beneficiary or to a third person pursuant to the desire or consent of the beneficiary. (2) “Business records” means any writing or article kept or maintained by an enterprise for the purpose of evidencing or reflecting its condition or…
ORS 165.080 Falsifying business records. (1) A person commits the crime of falsifying business records if, with intent to defraud, the person
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(a) Makes or causes a false entry in the business records of an enterprise; or (b) Alters, erases, obliterates, deletes, removes or destroys a true entry in the business records of an enterprise; or (c) Fails to make a true entry in the business records of an enterprise in violat…
ORS 165.085 Sports bribery. (1) A person commits the crime of sports bribery if the person
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(a) 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 (b) Offers, confers or agrees to confer any benefit upon a sports official w…
ORS 165.090 Sports bribe receiving. (1) A person commits the crime of sports bribe receiving if
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(a) 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 (b) As a sports official the person solicits, …
ORS 165.095 Misapplication of entrusted property. (1) 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 property of the government or a financial institution
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(2) Misapplication of entrusted property is a Class A misdemeanor. [1971 c.743 §166]
ORS 165.100 Issuing a false financial statement. (1) A person commits the crime of issuing a false financial statement if, with intent to defraud, the person
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(a) 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 (b) Represents in writing that a written statement purporting to describe…
ORS 165.102 Obtaining execution of documents by deception
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(1) 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 purporti…
ORS 165.105 [Amended by 1959 c.100 §1; repealed by 1971 c.743 §432]
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[Repealed or reserved.]
ORS 165.107 [1971 c.743 §169; 1995 c.222 §1; 2007 c.475 §1; 2009 c.811 §6; 2010 c.56 §5; 2011 c.450 §1; 2011 c.597 §80; 2013 c.122 §1; renumbered 165.117 in 2013]
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[Repealed or reserved.]
ORS 165.109 Failing to maintain a cedar purchase record
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(1) 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. (2) The record required by s…
ORS 165.110 [Repealed by 1971 c.743 §432]
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[Repealed or reserved.]
ORS 165.114 Sale of educational assignments. (1) 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
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(2) No person shall sell or offer to sell to another person any assistance in the preparation of an assignment 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 f…
ORS 165.115 [Repealed by 1971 c.743 §432]
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[Repealed or reserved.]
ORS 165.116 Definitions for ORS 165.116 to 165.124. As used in ORS 165.116 to 165.124
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(1) “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. (2) “Commercial metal property” means an item fabricated or containing part…
ORS 165.117 Metal property transaction records; prohibited conduct; commercial sellers; penalties. (1) Before completing a transaction, a scrap metal business engaged in business in this state shall
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(a) Create a metal property record for the transaction at the time and in the location where the transaction occurs. The record must: (A) Be accurate and written clearly and legibly in English; (B) Be entered onto a standardized printed form or an electronic form that is securely…
ORS 165.118 Metal property offenses. (1) 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 a manufacturer uses to identify the metal property
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(2)(a) A person commits the offense of making a false statement on a metal property record if the person: (A) Knowingly makes, causes or allows to be made a false entry or misstatement of material fact in a metal property record described in ORS 165.117; or (B) Signs a declaratio…
ORS 165.120 [Repealed by 1971 c.743 §432]
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[Repealed or reserved.]
ORS 165.122 Compliance with subpoena for information related to metal transaction; lost or stolen metal property. (1) 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 the relevant portion of a commercial account that contains the information about the individual, vehicle or item of metal property that is the subject of the subpoena. The scrap metal business shall provide the information in any form or by any method reasonably required by the peace officer or law enforcement agency
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(2) If a scrap metal business knows or has good reason to know that metal property that the scrap metal business purchased or received or possesses or controls was lost by or stolen from the metal property’s owner or lawful possessor, the scrap metal business shall promptly notif…
ORS 165.124 Application of ORS 164.857, 165.116, 165.117, 165.118 and 165.122. (1) 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
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(a) A person engaged in recycling beverage containers as defined in ORS 459A.700. (b) A person engaged in buying or selling used or empty food containers made of metal. (c) A person to whom a vehicle dealer certificate has been issued under ORS 822.020. (d) A person to whom a dis…
ORS 165.125 [Repealed by 1971 c.743 §432]
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[Repealed or reserved.]
ORS 165.127 County metal theft plan of action. (1) 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 community regarding the theft of metal property as defined in ORS 165.116
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(2) The written plan of action must include, but need not be limited to, a procedure for law enforcement agencies to notify scrap metal businesses of a theft of metal property within 24 hours after the receipt of the report of the theft. (3) The district attorney shall provide a …
ORS 165.130 [Repealed by 1971 c.743 §432]
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[Repealed or reserved.]
ORS 165.135 [Repealed by 1971 c.743 §432]
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[Repealed or reserved.]
ORS 165.140 [Repealed by 1971 c.743 §432]
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[Repealed or reserved.]
ORS 165.145 [Repealed by 1971 c.743 §432]
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[Repealed or reserved.]