Title 16, Crimes and Punishments

(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…

(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: (a) Damages or destroys property of another: (A) In an amount exceeding $1,00…

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: (1) Against multiple victims in the same course of conduct; or (2) Against the same …

(1) A person commits the crime of tampering with cable television equipment if the person: (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 distr…

(1) As used in this section: (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, opt…

As used in ORS 137.131, 164.381 to 164.386 and 419C.461: (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, …

(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. (2) Unlawfully applying graffi…

(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. (2) Unlawfully possessing a graffiti implement is a Class C violation. Upon a c…

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] Note: See note under 164.381.

(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 inte…

(1) A person commits the crime of robbery in the second degree if the person violates ORS 164.395 and the person: (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. …

(1) A person commits the crime of robbery in the first degree if the person violates ORS 164.395 and the person: (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) Robber…

(1) It is unlawful for any person to discard any glass, cans or other trash, rubbish, debris or litter on land within 100 yards of any of the waters of the state, as defined in ORS 468B.005, other than in receptacles provided for the purpose of holding such trash, rubbish, debris…

(1)(a) It is unlawful for any person, including a person in the possession or control of any land, to discard any dead animal carcass or part thereof, excrement, putrid, nauseous, noisome, decaying, deleterious or offensive substance into or in any other manner befoul, pollute or…

(1) A person commits the crime of offensive littering if the person creates an objectionable stench or degrades the beauty or appearance of property or detracts from the natural cleanliness or safety of property by intentionally: (a) Discarding or depositing any rubbish, trash, g…

(1) As used in this section: (a) “Harvest” means to separate by cutting, digging, prying, picking, peeling, breaking, pulling, splitting or otherwise removing a special forest product from: (A) Its physical connection or point of contact with the ground or vegetation upon which i…

The State Forester shall develop a typical form for the permit and document of sale required by ORS 164.813 and for the records required by ORS 164.813 (4). The State Forester shall make copies of the forms available. Use of the forms is not required. [1995 c.75 §2; 2013 c.276 §3…

(1) It is unlawful for any person to cut more than five coniferous trees unless the person has in possession written permission to do so from the owner of the land from which the trees are cut. The written permit required under this subsection must set forth: (a) The date of the …

It is an affirmative defense to any charge under ORS 164.813 or 164.825 that the defendant is in fact the owner of the trees or special forest products cut or transported. [1981 c.645 §7; 1993 c.167 §2] Note: 164.828 was enacted into law by the Legislative Assembly but was not ad…

(1) All peace officers shall note and investigate the cutting and transportation of coniferous trees and special forest products as defined in ORS 164.813 for the purpose of preventing violations of ORS 164.813 and 164.825. (2) Justice courts and circuit courts have concurrent ju…

(1) Whenever any peace officer has reasonable cause to believe that a person is cutting or transporting trees or special forest products in violation of ORS 164.813 (2) or (3) or 164.825, the peace officer may arrest the person without a warrant and take the person before any cou…