Title 16, Crimes and Punishments

As used in ORS 165.002 to 165.027, and 165.032 to 165.070, unless the context requires otherwise: (1) “Written instrument” means any paper, document, instrument, article or electronic record containing written or printed matter or the equivalent thereof, whether complete or incom…

(1) A person commits the crime of forgery in the second degree if, with intent to injure or defraud, the person: (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 i…

(1) A person commits the crime of forgery in the first degree if the person violates ORS 165.007: (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 b…

(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. (2) Criminal possession of a forged instrument in the second degree is a Class A …

(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). (2) Criminal possession…

(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 al…

(1) A person commits the crime of criminal possession of a forgery device if: (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 wri…

(1) A person commits the crime of criminal simulation if: (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 char…

(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. (2) Fraudulently obtaining a signature is a Class A misde…

(1) A person commits the crime of unlawfully using slugs if: (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, off…

(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: (a) The card is stolen or forged; (b) The card has been revoked or canceled…

(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. (2) For purposes of this section, unless the check or order is postdated, it …

(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…

As used in this section and ORS 165.074, unless the context requires otherwise: (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 …

(1) A person commits the crime of unlawful factoring of a payment card transaction if the person intentionally or knowingly: (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 th…

As used in chapter 743, Oregon Laws 1971, unless the context requires otherwise: (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 maintai…

(1) A person commits the crime of falsifying business records if, with intent to defraud, the person: (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 …

(1) A person commits the crime of sports bribery if the person: (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, …

(1) A person commits the crime of sports bribe receiving if: (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 spor…

(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…

(1) A person commits the crime of issuing a false financial statement if, with intent to defraud, the person: (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 ina…

(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…

(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…

(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 …

As used in ORS 165.116 to 165.124: (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…

(1) Before completing a transaction, a scrap metal business engaged in business in this state shall: (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 legib…

(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, …

(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 enforceme…

(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: (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 …

(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 a…

As used in ORS 41.910, 133.723, 133.724, 165.540 and 165.545: (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 conferenc…

(1) Except as otherwise provided in ORS 133.724 or 133.726 or subsections (2) to (8) of this section, a person may not: (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 …

(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: (a) The number of uses of the device and durat…

(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 communic…

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 oper…

(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, …

(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: (a) Has been a member in …

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]

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]

(1) A person commits the crime of improper use of the emergency communications system if the person knowingly: (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 …

(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 …

As used in ORS 165.575 to 165.583: (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 te…

(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. (2) Cellular counterfeiting in the third degree is a Class A misdemeanor. [1995 c.524 §2]…

(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, …

(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 identifica…

The provisions of ORS 165.577, 165.579 and 165.581 do not apply to: (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 t…

As used in ORS 165.659 to 165.669, unless the context requires otherwise: (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 tr…

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]

The provider of electronic or wire communication service may use a pen register or a trap and trace device: (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 protec…

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: (1) Be in writin…