Chapter 165 — Chapter 165
169 sections in this chapter.
ORS 165.455 [Repealed by 1971 c.743 §432]
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[Repealed or reserved.]
ORS 165.460 [Repealed by 1971 c.743 §432]
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[Repealed or reserved.]
ORS 165.465 [Repealed by 1971 c.743 §432]
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[Repealed or reserved.]
ORS 165.475 [Formerly 757.606; repealed by 2011 c.597 §309]
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[Repealed or reserved.]
ORS 165.480 [Formerly 757.611; repealed by 2011 c.597 §309]
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[Repealed or reserved.]
ORS 165.485 [Formerly 757.616; repealed by 2011 c.597 §309]
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[Repealed or reserved.]
ORS 165.490 [Formerly 757.621; repealed by 2011 c.597 §309]
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[Repealed or reserved.]
ORS 165.495 [Formerly 757.626; 2009 c.11 §13; repealed by 2011 c.597 §309]
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[Repealed or reserved.]
ORS 165.505 [Repealed by 2011 c.597 §309]
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[Repealed or reserved.]
ORS 165.510 [Repealed by 2011 c.597 §309]
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[Repealed or reserved.]
ORS 165.515 [Repealed by 2011 c.597 §309]
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[Repealed or reserved.]
ORS 165.520 [Repealed by 2011 c.597 §309]
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[Repealed or reserved.]
ORS 165.525 [Repealed by 1971 c.743 §432]
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[Repealed or reserved.]
ORS 165.530 [Repealed by 1971 c.743 §432]
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[Repealed or reserved.]
ORS 165.532 [1961 c.428 §1; repealed by 1971 c.743 §432]
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CRIMES INVOLVING COMMUNICATIONS
ORS 165.535 Definitions applicable to obtaining contents of communications. As used in ORS 41.910, 133.723, 133.724, 165.540 and 165.545
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(1) “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. (2) “Person” has the meaning given that term in O…
ORS 165.540 Obtaining contents of communications. (1) Except as otherwise provided in ORS 133.724 or 133.726 or subsections (2) to (8) of this section, a person may not
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(a) 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 otherwise, unless consent is given …
ORS 165.542 Reports required concerning use of electronic listening device. (1) 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
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(a) The number of uses of the device and duration of the interceptions made by the law enforcement agency; (b) The offense investigated; (c) The identity of the law enforcement agency intercepting the communication; and (d) Whether the person wearing the device was a law enforcem…
ORS 165.543 Interception of communications. (1) 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 the interception, is guilty of a Class A misdemeanor
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(2) As used in this section, the terms “intercept” and “wire or oral communication” have the meanings provided under ORS 133.721. [1983 c.824 §3]
ORS 165.545 Prohibitions not applicable to fire or police activities. 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. [1959 c.681 §6; 1981 c.806 §2; 1983 c.740 §36]
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[Repealed or reserved.]
ORS 165.549 Prevention of telephone communications when hostage taken; duties of telephone company; defense against liability. (1) 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 individual holding the hostage and any individual other than a peace officer or an individual designated by the peace officer
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(2) The telephone company providing service within a geographical area shall notify, in writing, all law enforcement agencies having jurisdiction in that area of the address and telephone number of its security office or other office designated to provide the assistance to law en…
ORS 165.550 [1967 c.109 §§1,2; repealed by 1971 c.743 §432]
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[Repealed or reserved.]
ORS 165.555 Unlawful telephone solicitation of contributions for charitable purposes. (1) 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
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(a) Has been a member in full standing for at least six months of the charitable organization conducting the solicitation and is participating in the solicitation on an uncompensated basis; (b) Has been employed directly by the charitable organization conducting the solicitation …
ORS 165.560 Application of ORS 165.555. 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. [1973 c.473 §2]
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[Repealed or reserved.]
ORS 165.565 Optional local ordinances; certain existing local ordinances preserved. 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. [1973 c.473 §3]
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[Repealed or reserved.]
ORS 165.570 Improper use of emergency communications system. (1) A person commits the crime of improper use of the emergency communications system if the person knowingly
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(a) 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 (b) Allows another person to use communications equipment owned, rented or …
ORS 165.572 Interference with making a report. (1) 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 public safety reports or from making an emergency call as defined in ORS 403.105
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(2) Interference with making a report is a Class A misdemeanor. [1999 c.946 §1; 2015 c.247 §30] CELLULAR TELEPHONES
ORS 165.575 Definitions for ORS 165.575 to 165.583. As used in ORS 165.575 to 165.583
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(1) “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. (2) “Cellular telephone service” means all services…
ORS 165.577 Cellular counterfeiting in the third degree. (1) 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
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(2) Cellular counterfeiting in the third degree is a Class A misdemeanor. [1995 c.524 §2]
ORS 165.579 Cellular counterfeiting in the second degree. (1) 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
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(a) Causes more than $100 in losses or damages; or (b) Intercepts or obtains, or attempts to intercept or obtain, cellular telephone service of more than $100 in value. (2) Cellular counterfeiting in the second degree is a Class C felony. [1995 c.524 §3]
ORS 165.581 Cellular counterfeiting in the first degree. (1) 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, encourages, solicits or permits one or more other persons to engage in or cause, or obtain cellular telephone service through, cellular counterfeiting and
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(a) Causes more than $100 in losses or damages; or (b) Intercepts, obtains or causes to be obtained cellular telephone service of more than $100 in value. (2) Cellular counterfeiting in the first degree is a Class B felony. [1995 c.524 §4]
ORS 165.583 Exemptions from ORS 165.577, 165.579 and 165.581. The provisions of ORS 165.577, 165.579 and 165.581 do not apply to
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(1) 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; (2) Law en…
ORS 165.585 [1995 c.524 §§6,7; repealed by 2001 c.666 §56]
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[Repealed or reserved.]
ORS 165.586 [2001 c.666 §51; repealed by 2005 c.830 §48]
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[Repealed or reserved.]
ORS 165.605 [Repealed by 1971 c.743 §432]
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[Repealed or reserved.]
ORS 165.610 [Repealed by 1971 c.743 §432]
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[Repealed or reserved.]
ORS 165.615 [Amended by 1965 c.454 §1; repealed by 1971 c.743 §432]
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[Repealed or reserved.]
ORS 165.620 [Repealed by 1971 c.743 §432]
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[Repealed or reserved.]
ORS 165.625 [Repealed by 1971 c.743 §432]
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[Repealed or reserved.]
ORS 165.655 [Formerly 74.500; repealed by 1971 c.743 §432]
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USE OF PEN REGISTERS AND TRAP AND TRACE DEVICES
ORS 165.657 Definitions for ORS 165.659 to 165.669. As used in ORS 165.659 to 165.669, unless the context requires otherwise
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(1) “Electronic communication” has the meaning given in ORS 133.721. (2) “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…
ORS 165.659 General prohibition. 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. [1989 c.983 §16]
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[Repealed or reserved.]
ORS 165.660 [Formerly 74.510; repealed by 1971 c.743 §432]
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[Repealed or reserved.]
ORS 165.661 When provider of communication service may use devices. The provider of electronic or wire communication service may use a pen register or a trap and trace device
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(1) 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; (2) To record the fact that …
ORS 165.663 Use by police; application to court; statement required. 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
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(1) Be in writing under oath; (2) Include the identity of the applicant and the identity of the law enforcement agency conducting the investigation; (3) Contain a statement demonstrating that there is probable cause to believe that an individual is committing, has committed or is…
ORS 165.665 [Formerly 74.520; repealed by 1971 c.743 §432]
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[Repealed or reserved.]
ORS 165.667 Order by court; findings; contents of order. (1) 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
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(a) An individual is committing, has committed or is about to commit: (A) A particular felony of murder, kidnapping, arson, robbery, bribery, extortion or other crime dangerous to life and punishable as a felony; (B) A crime punishable as a felony under ORS 475.752, 475.786 to 47…
ORS 165.669 Duties imposed upon certain persons upon service of order authorizing installation of pen register or trap and trace device; compensation to persons; immunity. (1) 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, facilities and technical assistance necessary to accomplish the installation of the pen register unobtrusively and with a minimum of interference with the services that the person so ordered by the court accords the party with respect to whom the installation and use is to take place, if such assistance is directed by the order
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(2) Under 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 s…
ORS 165.670 [Formerly 74.530; repealed by 1971 c.743 §432]
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[Repealed or reserved.]
ORS 165.671 Defense to civil or criminal action. 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. [1989 c.983 §24; 2001 c.385 §8]
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[Repealed or reserved.]