Title 16, Crimes and Punishments

(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…

(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: (a) An individual is committing, has committed o…

(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 sh…

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…

No law enforcement agency shall disclose lists of telephone numbers produced by a pen register or trap and trace device except in the performance of a law enforcement function or as otherwise provided by law or order of a court. [1989 c.983 §25]

As used in ORS 165.690, 165.692 and 165.694: (1) “Claim for health care payment” means any request or demand for a health care payment, whether made in the form of a bill, claim form, cost report, invoice, electronic transmission or any other document. “Claim for health care paym…

A person commits the crime of making a false claim for health care payment when the person: (1) Knowingly makes or causes to be made a claim for health care payment that contains any false statement or false representation of a material fact in order to receive a health care paym…

(1) Single acts of making a false claim for health care payment may be added together into aggregated counts of making false claims for health care payments if the acts were committed: (a) Against multiple health care payors by similar means within a 30-day period; or (b) Against…

The district attorney or the Attorney General may commence a prosecution under ORS 165.692. [1995 c.496 §6]

The prosecuting attorney shall notify the Oregon Health Authority and any appropriate licensing boards of the conviction of a person under ORS 165.692. [1995 c.496 §5; 2009 c.595 §111] IDENTITY THEFT AND RELATED OFFENSES

(1) A person commits the crime of identity theft if the person, with the intent to deceive or to defraud, obtains, possesses, transfers, creates, utters or converts to the person’s own use the personal identification of another person. (2) Identity theft is a Class C felony. (3) …

(1) A person commits the crime of aggravated identity theft if: (a) The person violates ORS 165.800 in 10 or more separate incidents within a 180-day period; (b) The person violates ORS 165.800 and the person has a previous conviction for aggravated identity theft; (c) The person…

(1) A person commits the crime of misrepresentation of age by a minor if: (a) Being less than a certain, specified age, the person knowingly purports to be of any age other than the true age of the person with the intent of securing a right, benefit or privilege which by law is d…

(1) A person commits the crime of unlawful possession of a personal identification device if the person possesses a personal identification device with the intent to use the device to commit a crime. As used in this subsection, “personal identification device” means a device that…

(1) A person commits the crime of unlawful possession of fictitious identification if the person possesses a personal identification card containing identification information for a fictitious person with the intent to use the personal identification card to commit a crime. (2) U…

(1) A person commits the crime of criminal impersonation if: (a) The person, with the intent to injure an individual, intentionally impersonates the individual in a communication to a third person without the individual’s consent; (b) The person acts with the intent to deceive th…

(1) No person shall sell or offer for sale any horse that is drugged, tranquilized or otherwise sedated without the consent of the buyer. (2) Violation of subsection (1) of this section is a misdemeanor. [1971 c.175 §§1,2]

As used in ORS 165.845 and 165.850, “telegraphic copy” means any copy of a message made or prepared for delivery at the office to which the message may have been sent by telegraph. [Formerly 757.631]

(1) Checks, due bills, promissory notes, bills of exchange and all orders or agreements for the payment or delivery of money or other thing of value may be made or drawn by telegraph, and when so made or drawn: (a) Have the same force and effect to charge the maker, drawer, indor…

Whenever any document to be sent by telegraph bears a seal, either private or official, it is not necessary for the operator to telegraph a description of the seal, or any word or device thereon, but the seal may be expressed in the telegraphic copy by the letters “L. S.,” or by …

Violation of ORS 165.692 is a Class C felony. Criminal prosecution of violators of ORS 165.692 must be commenced within five years after the commission of the crime. [Formerly 757.992; subsection (4) of 1995 Edition enacted as 1995 c.496 §4; 2011 c.597 §161] _______________

(1) A person commits the crime of treason if the person levies war against the State of Oregon or adheres to its enemies, giving them aid and comfort. (2) No person shall be convicted of treason unless upon the testimony of two witnesses to the same overt act or upon confession i…

(1) A person commits the crime of riot if while participating with five or more other persons the person engages in tumultuous and violent conduct and thereby intentionally or recklessly creates a grave risk of causing public alarm. (2) Riot is a Class C felony. [1971 c.743 §218]…

(1) A person commits the crime of disorderly conduct in the first degree if, with intent to cause public inconvenience, annoyance or alarm, or knowingly creating a risk thereof, the person initiates or circulates a report, knowing it to be false: (a) Concerning an alleged hazardo…

(1) A person commits the crime of disorderly conduct in the second degree if, with intent to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof, the person: (a) Engages in fighting or in violent, tumultuous or threatening behavior; (b) Makes unr…

(1) A person commits the crime of harassment if the person intentionally: (a) Harasses or annoys another person by subjecting such other person to offensive physical contact; (b) Subjects another to alarm by conveying a false report, known by the conveyor to be false, concerning …

(1) A person commits the crime of aggravated harassment if the person, knowing that the other person is a: (a) Staff member, knowingly propels saliva, blood, urine, semen, feces or other dangerous substance at the staff member while the staff member is acting in the course of off…

(1) A person commits the crime of abuse of venerated objects if the person intentionally abuses a public monument or structure, a place of worship or the national or state flag. (2) As used in this section and ORS 166.085, “abuse” means to deface, damage, defile or otherwise phys…

(1) A person commits the crime of abuse of a memorial to the dead if the person: (a) Intentionally destroys, mutilates, defaces, injures or removes any: (A) Tomb, monument, gravestone or other structure or thing placed as or designed for a memorial to the dead; or (B) Fence, rail…

(1) A person commits the crime of abuse of corpse in the second degree if, except as otherwise authorized by law, the person intentionally: (a) Abuses a corpse; or (b) Disinters, removes or carries away a corpse. (2) Abuse of corpse in the second degree is a Class C felony. (3) A…

(1) A person commits the crime of abuse of corpse in the first degree if the person: (a) Engages in sexual activity with a corpse or involving a corpse; or (b) Dismembers, mutilates, cuts or strikes a corpse. (2) Abuse of corpse in the first degree is a Class B felony. [1993 c.29…

(1) A telephone caller commits the crime of telephonic harassment if the caller intentionally harasses or annoys another person: (a) By causing the telephone of the other person to ring, such caller having no communicative purpose; (b) By causing such other person’s telephone to …

(1) A person commits the crime of misconduct with emergency telephone calls if the person: (a) Intentionally refuses to relinquish immediately a party line or public pay telephone after being informed that it is needed for an emergency call; or (b) Requests another to relinquish …

(1) A person commits the crime of interfering with public transportation if the person: (a) Intentionally or knowingly enters or remains unlawfully in or on a public transit vehicle or public transit station; (b) Intentionally or knowingly interferes with the provision or use of …