2007 Oregon Code - Chapter 165 :: Chapter 165 - Offenses Involving Fraud or Deception
Chapter 165 —
Offenses Involving Fraud or Deception
2007 EDITION
OFFENSES INVOLVING FRAUD OR DECEPTION
CRIMES AND PUNISHMENTS
FORGERY AND RELATED OFFENSES
165.002Â Â Â Â Definitions
for ORS 165.002 to 165.070
165.007Â Â Â Â Forgery
in the second degree
165.013Â Â Â Â Forgery
in the first degree
165.017Â Â Â Â Criminal
possession of a forged instrument in the second degree
165.022Â Â Â Â Criminal
possession of a forged instrument in the first degree
165.027Â Â Â Â Evidence
admissible to prove forgery or possession of forged instrument
165.032Â Â Â Â Criminal
possession of a forgery device
165.037Â Â Â Â Criminal
simulation
165.042Â Â Â Â Fraudulently
obtaining a signature
165.047Â Â Â Â Unlawfully
using slugs
165.055Â Â Â Â Fraudulent
use of a credit card
165.065Â Â Â Â Negotiating
a bad check
165.070Â Â Â Â Possessing
fraudulent communications device
165.072Â Â Â Â Definitions
for ORS 165.072 and 165.074
165.074Â Â Â Â Unlawful
factoring of payment card transaction
BUSINESS AND COMMERCIAL OFFENSES
165.075Â Â Â Â Definitions
165.080Â Â Â Â Falsifying
business records
165.085Â Â Â Â Sports
bribery
165.090Â Â Â Â Sports
bribe receiving
165.095Â Â Â Â Misapplication
of entrusted property
165.100Â Â Â Â Issuing
a false financial statement
165.102Â Â Â Â Obtaining
execution of documents by deception
165.107Â Â Â Â Failing
to maintain a metal purchase record
165.109Â Â Â Â Failing
to maintain a cedar purchase record
165.114Â Â Â Â
CRIMES INVOLVING COMMUNICATIONS
165.475Â Â Â Â Sending
telegrams in order of receipt
165.480Â Â Â Â Telegrams
having priority in time of war or crisis
165.485Â Â Â Â Wrongful
alteration of telegraphic message
165.490Â Â Â Â Use
by company agent of information contained in message
165.495Â Â Â Â Refusing
to send or deliver message or sending message out of order
165.505Â Â Â Â Opening
or procuring telegraphic message addressed to another; civil liability
165.510Â Â Â Â Learning
contents of telegraphic message sent to another; civil liability
165.515Â Â Â Â Bribery
of telegraph company agents to disclose contents of message
165.520Â Â Â Â Opening,
reading or publishing letter; federal jurisdiction
165.535Â Â Â Â Definitions
applicable to obtaining contents of communications
165.540Â Â Â Â Obtaining
contents of communications
165.542Â Â Â Â Reports
required concerning use of electronic listening device
165.543Â Â Â Â Interception
of communications
165.545Â Â Â Â Prohibitions
not applicable to fire or police activities
165.549Â Â Â Â Prevention
of telephone communications when hostage taken; duties of telephone company;
defense against liability
165.555Â Â Â Â Unlawful
telephone solicitation of contributions for charitable purposes
165.560Â Â Â Â Application
of ORS 165.555
165.565Â Â Â Â Optional
local ordinances; certain existing local ordinances preserved
165.570Â Â Â Â Improper
use of emergency reporting system
165.572Â Â Â Â Interference
with making a report
CELLULAR TELEPHONES
165.575Â Â Â Â Definitions
165.577Â Â Â Â Cellular
counterfeiting in the third degree
165.579Â Â Â Â Cellular
counterfeiting in the second degree
165.581Â Â Â Â Cellular
counterfeiting in the first degree
165.583Â Â Â Â Exemptions
from ORS 165.577, 165.579 and 165.581
USE OF PEN REGISTERS AND TRAP AND TRACE
DEVICES
165.657Â Â Â Â Definitions
for ORS 165.659 to 165.669
165.659Â Â Â Â General
prohibition
165.661Â Â Â Â When
provider of communication service may use devices
165.663Â Â Â Â Use
by police; application to court; statement required
165.667Â Â Â Â Order
by court; findings; contents of order
165.669Â Â Â Â Duties
imposed upon certain persons upon service of order authorizing installation of
pen register or trap and trace device; compensation to persons; immunity
165.671Â Â Â Â Defense
to civil or criminal action
165.673Â Â Â Â Disclosure
of results prohibited; exception
FALSE CLAIMS FOR HEALTH CARE PAYMENTS
165.690Â Â Â Â Definitions
165.692Â Â Â Â Making
false claim for health care payment
165.694Â Â Â Â Aggregation
of claims
165.696Â Â Â Â Who
may commence prosecution
165.698Â Â Â Â Notice
of conviction
MISCELLANEOUS
165.800Â Â Â Â Identity
theft
165.803Â Â Â Â Aggravated
identity theft
165.805Â Â Â Â Misrepresentation
of age by a minor
165.810Â Â Â Â Unlawful
possession of a personal identification device
165.813Â Â Â Â Unlawful
possession of fictitious identification
165.825Â Â Â Â
165.840Â Â Â Â Meaning
of “telegraphic copy” in ORS 165.845 and 165.850
165.845Â Â Â Â Making
and drawing of checks and notes by wire
165.850Â Â Â Â Manner
of expressing private and official seals in telegrams
PENALTIES
165.990Â Â Â Â Penalties
FORGERY AND RELATED OFFENSES
     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:
     (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
constituting a symbol or evidence of value, right, privilege or identification,
which is capable of being used to the advantage or disadvantage of some person.
     (2) “Complete written instrument” means
one which purports to be a genuine written instrument fully drawn with respect
to every essential feature thereof.
     (3) “Incomplete written instrument” means
one which contains some matter by way of content or authentication but which
requires additional matter in order to render it a complete written instrument.
     (4) To “falsely make” a written instrument
means to make or draw a complete written instrument in its entirety, or an
incomplete written instrument which purports to be an authentic creation of its
ostensible maker, but which is not, either because the ostensible maker is
fictitious or because, if real, the ostensible maker did not authorize the
making or drawing thereof.
     (5) To “falsely complete” a written
instrument means to transform, by adding, inserting or changing matter, an
incomplete written instrument into a complete one, without the authority of
anyone entitled to grant it, so that the complete written instrument falsely
appears or purports to be in all respects an authentic creation of its
ostensible maker or authorized by the ostensible maker.
     (6) To “falsely alter” a written
instrument means to change, without authorization by anyone entitled to grant
it, a written instrument, whether complete or incomplete, by means of erasure,
obliteration, deletion, insertion of new matter, transposition of matter, or in
any other manner, so that the instrument so altered falsely appears or purports
to be in all respects an authentic creation of its ostensible maker or authorized
by the ostensible maker.
     (7) To “utter” means to issue, deliver,
publish, circulate, disseminate, transfer or tender a written instrument or
other object to another.
     (8) “Forged instrument” means a written
instrument which has been falsely made, completed or altered.
     (9) “Electronic record” has the meaning
given that term in ORS 84.004.
     (10) “Signature” includes, but is not
limited to, an electronic signature, as defined in ORS 84.004. [1971 c.743 §151;
2001 c.535 §27]
     165.005 [Amended by 1955 c.435 §1; repealed by 1971
c.743 §432]
     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:
     (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]
     165.010 [Repealed by 1971 c.743 §432]
     165.012 [1963 c.553 §1; repealed by 1971 c.743 §432]
     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:
     (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 representing interests in or claims against any property or
person;
     (C) A deed, will, codicil, contract or
assignment;
     (D) A check for $1,000 or more, a credit
card purchase slip for $1,000 or more, or a combination of checks and credit
card purchase slips that, in the aggregate, total $1,000 or more, or any other
commercial instrument or other document that does or may evidence, create,
transfer, alter, terminate or otherwise affect a legal right, interest,
obligation or status; or
     (E) A public record; or
     (b) By falsely making, completing or
altering, or by uttering, at least 15 retail sales receipts, Universal Product
Code labels, EAN-8 labels or EAN-13 labels or a combination of at least 15
retail sales receipts, Universal Product Code labels, EAN-8 labels or EAN-13
labels.
     (2) The value of single check or credit
card transactions may be added together under subsection (1)(a)(D) of this
section if the transactions were committed:
     (a) Against multiple victims within a
30-day period; or
     (b) Against the same victim within a
180-day period.
     (3) Forgery in the first degree is a Class
C felony. [1971 c.743 §153; 1993 c.680 §25; 2005 c.761 §1]
     165.015 [Repealed by 1971 c.743 §432]
     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.
     (2) Criminal possession of a forged
instrument in the second degree is a Class A misdemeanor. [1971 c.743 §154]
     165.020 [Repealed by 1971 c.743 §432]
     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).
     (2) Criminal possession of a forged
instrument in the first degree is a Class C felony. [1971 c.743 §155; 2005
c.761 §2]
     165.025 [Repealed by 1971 c.743 §432]
     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.
     (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 of the Treasurer of the United States, or of the secretary or treasurer of
any state or treasury on whose behalf the note, certificate, bond, bill of
credit or other security or evidence of debt purports to have been issued,
shall be admitted as evidence to prove that it is a forgery. [1971 c.743 §290]
     165.030 [Amended by 1961 c.715 §1; repealed by 1971
c.743 §432]
     165.032
Criminal possession of a forgery device. (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
written instruments; or
     (b) With intent to use, or to aid or
permit another to use, the same for purposes of forgery, the person makes or
possesses any device, apparatus, equipment or article capable of or adaptable
to such use.
     (2) Criminal possession of a forgery
device is a Class C felony. [1971 c.743 §156]
     165.035 [Repealed by 1971 c.743 §432]
     165.037
Criminal simulation. (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 character
and with intent to defraud, the person utters or possesses an object so
simulated.
     (2) Criminal simulation is a Class A
misdemeanor. [1971 c.743 §157]
     165.040 [Repealed by 1971 c.743 §432]
     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.
     (2) Fraudulently obtaining a signature is
a Class A misdemeanor. [1971 c.743 §158]
     165.045 [Repealed by 1971 c.743 §432]
     165.047
Unlawfully using slugs. (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, offers
for sale or disposes of a slug with intent to enable a person to use it
fraudulently in a coin machine.
     (2) As used in this section:
     (a) “Coin machine” means a coin box,
turnstile, vending machine, or other mechanical or electronic device or
receptacle designed to receive a coin or bill of a certain denomination or a
token made for such purpose, and in return for the insertion or deposit
thereof, automatically to offer, provide, assist in providing or permit the
acquisition or use of some property or service.
     (b) “Slug” means an object, article or
device which, by virtue of its size, shape or any other quality is capable of
being inserted, deposited, or otherwise used in a coin machine as a fraudulent
substitute for a genuine coin, bill or token.
     (3) Unlawfully using slugs is a Class B
misdemeanor. [1971 c.743 §159]
     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:
     (a) The card is stolen or forged; or
     (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 identifying symbol or instrument evidencing an
undertaking to pay for property or services delivered or rendered to or upon
the order of a designated person or bearer.
     (3) The value of single credit card
transactions may be added together if the transactions were committed:
     (a) Against multiple victims within a
30-day period; or
     (b) Against the same victim within a
180-day period.
     (4) Fraudulent use of a credit card is:
     (a) A Class A misdemeanor if the aggregate
total amount of property or services the person obtains or attempts to obtain
is under $750.
     (b) A Class C felony if the aggregate
total amount of property or services the person obtains or attempts to obtain
is $750 or more. [1971 c.743 §160; 1973 c.133 §7; 1987 c.907 §11; 1993 c.680 §26]
     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.
     (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 refused by the drawee for
lack of funds, upon presentation within 30 days after the date of utterance,
and the drawer fails to make good within 10 days after receiving notice of
refusal.
     (3) Negotiating a bad check is:
     (a) A Class A misdemeanor, except as
provided in paragraph (b) of this subsection.
     (b) Enhanced from a Class A misdemeanor to
a Class C felony if at the time of sentencing it is established beyond a
reasonable doubt that the person has been convicted in this state, within the
preceding five years, of the crime of negotiating a bad check or of theft by
deception by means of a bad check. [1971 c.743 §161; 1979 c.594 §1]
     165.070
Possessing fraudulent communications device.(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 same be used
or with knowledge or reason to believe the same is intended to or may be used
to avoid any lawful telephone or telegraph toll charge or to conceal the
existence or place of origin or destination of any telephone or telegraph
communication; or
     (b) Sells, gives or otherwise transfers to
another or offers, or advertises plans or instructions for making or assembling
an instrument, apparatus or device described in paragraph (a) of this
subsection with knowledge or reason to believe that they may be used to make or
assemble such instrument, apparatus or device.
     (2) An instrument, apparatus, device,
plans, instructions or written publication described in subsection (1) of this
section may be seized under warrant or incident to a lawful arrest, and upon
the conviction of a person under subsection (1) of this section, such
instrument, apparatus, device, plans, instructions or written publication may
be destroyed as contraband by the sheriff of the county in which such person
was convicted or turned over to the person providing telephone or telegraph
service in the territory in which the same was seized.
     (3) Possessing a fraudulent communications
device is a Class C felony. [1973 c.133 §5]
     165.072
Definitions for ORS 165.072 and 165.074. 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 account number or other identifying
symbol, instrument or device that can be used to pay for, or to obtain on
credit, goods or services.
     (3) “Financial institution” means a
financial institution as that term is defined in ORS 706.008.
     (4) “Merchant” means:
     (a) An owner or operator of a retail
mercantile establishment;
     (b) An agent, employee, lessee, consignee,
franchisee, officer, director or independent contractor of an owner or operator
of a retail mercantile establishment; and
     (c) A person who receives what the person
believes to be a payment card or information from a payment card from a
cardholder as the instrument for obtaining something of value from the person.
     (5) “Payment card” means a credit card,
charge card, debit card, stored value card or any card that is issued to a
person and allows the user to obtain something of value from a merchant.
     (6) “Payment card transaction” means a
sale or other transaction or act in which a payment card is used to pay for, or
to obtain on credit, goods or services.
     (7) “Payment card transaction record”
means any record or evidence of a payment card transaction, including, without
limitation, any paper, sales draft, instrument or other writing and any
electronic or magnetic transmission or record.
     (8) “Person” does not include a financial
institution or its authorized employee, representative or agent.
     (9) “Previous conviction” has the meaning
given that term in ORS 137.712.
     (10) “Reencoder” means an electronic
device that places encoded information from one payment card onto another
payment card.
     (11) “Scanning device” means an electronic
device that is used to access, read, scan, obtain, memorize or store,
temporarily or permanently, information encoded on a payment card. [1991 c.398 §1;
1997 c.631 §419; 2003 c.383 §1]
     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:
     (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 causes
a merchant 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 merchant;
     (c) Employs, solicits or otherwise causes
another to become a merchant for purposes of engaging in conduct made unlawful
by this section;
     (d) Uses a scanning device to access,
read, scan, obtain, memorize or store information encoded on a payment card:
     (A) Without the permission of the
cardholder; or
     (B) With the intent to defraud another
person; or
     (e) Uses a reencoder to place encoded
information from one payment card onto another payment card:
     (A) Without the permission of the
cardholder of the payment card from which encoded information is being taken;
or
     (B) With the intention to defraud another
person.
     (2) Unlawful factoring of a payment card
transaction is a Class C felony.
     (3) Notwithstanding subsection (2) of this
section, unlawful factoring of a payment card transaction is a Class B felony
if the person has one or more previous convictions under this section. [1991
c.398 §2; 2003 c.383 §2]
BUSINESS AND COMMERCIAL
OFFENSES
     165.075
Definitions. As used in
chapter 743,
     (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 activities.
     (3) “
     (4) “Fiduciary” means a trustee, guardian,
executor, administrator, receiver or any other person acting in a fiduciary
capacity as agent or employee of an organization which is a fiduciary.
     (5) “Financial institution” means a bank,
insurance company, credit union, savings and loan association, investment trust
or other organization held out to the public as a place of deposit of funds or
medium of savings or collective investment.
     (6) “Government” means the state, any
political subdivision thereof, or any governmental instrumentality within the
state.
     (7) “Misapplies” means dealing with
property contrary to law or governmental regulation governing the custody or
disposition of that property; governmental regulation includes administrative
and judicial rules and orders as well as statutes and ordinances.
     (8) “Sports contest” means any
professional or amateur sport or athletic game or contest viewed by the public.
     (9) “Sports official” means any person who
acts in sports contests as an umpire, referee, judge or sports contest
official.
     (10) “Sports participant” means any person
who directly or indirectly participates in sports contests as a player,
contestant, team member, coach, manager, trainer, or any other person directly
associated with a player, contestant or team member in connection with a sports
activity. [1971 c.743 §162]
     Note: Legislative Counsel has substituted “chapter
743, Oregon Laws 1971,” for the words “this Act” in section 162, chapter 743,
Oregon Laws 1971, compiled as 165.075. Specific ORS references have not been
substituted, pursuant to 173.160. These sections may be determined by referring
to the 1971 Comparative Section Table located in Volume 20 of ORS.
     165.080
Falsifying business records.
(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 of an enterprise; or
     (c) Fails to make a true entry in the
business records of an enterprise in violation of a known duty imposed upon the
person by law or by the nature of the position of the person; or
     (d) Prevents the making of a true entry or
causes the omission thereof in the business records of an enterprise.
     (2) Falsifying business records is a Class
A misdemeanor. [1971 c.743 §163]
     165.085
Sports bribery. (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, confers or agrees to confer
any benefit upon a sports official with intent to influence the sports official
to improperly perform duties of a sports official.
     (2) Sports bribery is a Class C felony. [1971
c.743 §164]
     165.090
Sports bribe receiving. (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 sports contest; or
     (b) As a sports official the person
solicits, accepts or agrees to accept any benefit from another person with the
intent that the person will improperly perform duties of a sports official.
     (2) Sports bribe receiving is a Class C
felony. [1971 c.743 §165]
     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.
     (2) Misapplication of entrusted property
is a Class A misdemeanor. [1971 c.743 §166]
     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:
     (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 a personÂ’s financial condition or ability to
pay as of a prior date is accurate with respect to that personÂ’s current
financial condition or ability to pay, knowing the statement to be materially
inaccurate in that respect.
     (2) Issuing a false financial statement is
a Class A misdemeanor. [1971 c.743 §167]
     165.102
Obtaining execution of documents by deception.(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
purporting to affect the pecuniary interest of any person.
     (2) Obtaining execution of documents by
deception is a Class A misdemeanor. [1971 c.743 §168]
     165.105 [Amended by 1959 c.100 §1; repealed by 1971
c.743 §432]
     165.107
Failing to maintain a metal purchase record. (1) A scrap metal dealer commits the offense of failing to maintain a
metal purchase record if the scrap metal dealer knowingly buys or otherwise
obtains new, used or secondhand nonferrous metals or alloys thereof without
keeping a record of all such articles purchased or obtained.
     (2) The scrap metal dealer purchasing or
obtaining the metal shall retain the record required by subsection (1) of this
section for a period of not less than one year and the scrap metal dealer shall
make the record available to any peace officer on demand.
     (3) The record required by subsection (1)
of this section shall contain:
     (a) The time and date of the transaction
and the name of the person conducting the transaction on behalf of the scrap
metal dealer.
     (b) A general description of the property
purchased, including the type and amount and, if readily discernible, any
identifiable marks on the property.
     (c) A photocopy of a current, valid driver
license, passport or state identification card of the seller.
     (d) The amount of the consideration given
for the metals.
     (e) If the transaction is valued at more
than $100, a declaration, signed by the seller, in substantially the following
form: “I, the undersigned, hereby declare that the property that is subject to
this transaction is not, to the best of my knowledge, stolen property. I
understand that this statement is made under penalty of perjury and may be used
as evidence in court.”
     (f) Video surveillance or a photograph of
the seller. Notwithstanding subsection (2) of this section, the images must be
retained for 30 days from the date of the transaction.
     (g) A description of any motor vehicle and
its license number used in the delivery of the property.
     (4) This section shall not apply to
purchases made by or from a manufacturer, remanufacturer or a distributor
appointed by a manufacturer of such articles.
     (5) As used in this section:
     (a) “Nonferrous metal” includes, but is
not limited to, aluminum, stainless steel, copper, copper wire, copper cable,
brass, electrolytic nickel and zinc. “Nonferrous metal” does not include
precious metals when actually used in the manufacture, repair, sale or resale
of jewelry.
     (b) “Scrap metal dealer” means a person
engaged in the business of purchasing or receiving nonferrous metal property
for aggregation and sale to a metal processor or metal recycler.
     (c) “Seller” means a person who sells or
delivers the property or otherwise makes the property available to the scrap
metal dealer.
     (6)(a) A scrap metal dealer that violates
this section shall pay a fine of $1,000.
     (b) Notwithstanding paragraph (a) of this
subsection, a scrap metal dealer that violates this section shall pay a fine of
$5,000 if the scrap metal dealer has at least three previous convictions for
violations of this section. [1971 c.743 §169; 1995 c.222 §1; 2007 c.475 §1]
     165.109
Failing to maintain a cedar purchase record.(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 subsection (1)
of this section shall be retained by the purchaser for a period of not less
than one year and shall be available to any peace officer on demand.
The record
shall contain:
     (a) The name, address, date of sale and
signature of the seller or the person making delivery;
     (b) The license number of any motor vehicles
used in the delivery of the cedar; and
     (c) The quantity of cedar obtained and the
amount paid for the cedar.
     (3) The provisions of this section apply
only to the first wholesale transaction involving cedar products and do not
apply to retail sales of cedar.
     (4) Failing to maintain a cedar purchase
record is a Class B misdemeanor. [1977 c.473 §2]
     165.110 [Repealed by 1971 c.743 §432]
     165.114
     (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 studentÂ’s
name in fulfillment of the requirements for a degree, diploma, certificate or
course of study at any post-secondary institution.
     (3) Nothing in this section prohibits a
person from rendering for a monetary fee:
     (a) Tutorial assistance if the assistance
is not intended to be submitted in whole or in substantial part as an
assignment; or
     (b) Service in the form of typing,
transcribing, assembling, reproducing or editing an assignment if this service
is not intended to make substantive changes in the assignment.
     (4) A person who violates any provision of
this section commits a Class A violation.
     (5) A person against whom a judgment has
been entered under subsection (4) of this section shall, upon conviction for
any subsequent violation of this section, be subject to a fine of not more than
$10,000.
     (6) In addition to any fine imposed under
subsections (4) and (5) of this section, a court of competent jurisdiction may
grant such further relief as is necessary to enforce the provisions of this
section, including the issuance of an injunction. A suit for injunction under
subsections (1) to (6) of this section may be brought in the name of the State
of
     (7) As used in subsections (1) to (6) of
this section unless the context requires otherwise:
     (a) “Assignment” means any specific
written, recorded, pictorial, artistic or other academic task, including but
not limited to a term paper, thesis, dissertation, essay or report, intended
for submission to any post-secondary institution in fulfillment of the
requirements for a degree, diploma, certificate or course of study at any such
institution.
     (b) “Person” means any individual,
partnership, corporation or association.
     (c) “Post-secondary institution” means any
public or private post-secondary educational institution. [1981 c.673 §§1,2;
1999 c.1051 §158]
     165.115 [Repealed by 1971 c.743 §432]
     165.120 [Repealed by 1971 c.743 §432]
     165.125 [Repealed by 1971 c.743 §432]
     165.130 [Repealed by 1971 c.743 §432]
     165.135 [Repealed by 1971 c.743 §432]
     165.140 [Repealed by 1971 c.743 §432]
     165.145 [Repealed by 1971 c.743 §432]
     165.150 [Repealed by 1971 c.743 §432]
     165.155 [Repealed by 1971 c.743 §432]
     165.160 [Repealed by 1971 c.743 §432]
     165.165 [Repealed by 1971 c.743 §432]
     165.170 [Repealed by 1971 c.743 §432]
     165.175 [Repealed by 1971 c.743 §432]
     165.180 [Repealed by 1971 c.743 §432]
     165.185 [Repealed by 1971 c.743 §432]
     165.190 [Repealed by 1971 c.743 §432]
     165.205 [Amended by 1971 c.290 §1; repealed by 1971
c.743 §432]
     165.210 [Repealed by 1971 c.743 §432]
     165.215 [Repealed by 1971 c.743 §432]
     165.220 [Repealed by 1971 c.743 §432]
     165.225 [Amended by 1955 c.436 §1; 1959 c.508 §1;
repealed by 1971 c.743 §432]
     165.230 [Repealed by 1971 c.743 §432]
     165.235 [Repealed by 1971 c.743 §432]
     165.240 [Repealed by 1971 c.743 §432]
     165.245 [Repealed by 1971 c.743 §432]
     165.250 [Repealed by 1971 c.743 §432]
     165.255 [Repealed by 1971 c.743 §432]
     165.260 [Repealed by 1971 c.743 §432]
     165.265 [Repealed by 1971 c.743 §432]
     165.270 [1957 c.369 §1; repealed by 1971 c.743 §432]
     165.280 [1961 c.318 §1; repealed by 1971 c.743 §432]
     165.285 [1969 c.290 §3; repealed by 1971 c.743 §432]
     165.290 [1963 c.588 §2; repealed by 1971 c.743 §432]
     165.295 [1963 c.588 §3; repealed by 1971 c.743 §432]
     165.300 [1963 c.588 §4; repealed by 1971 c.743 §432]
     165.305 [Repealed by 1971 c.743 §432]
     165.310 [Repealed by 1971 c.743 §432]
     165.315 [Repealed by 1971 c.743 §432]
     165.320 [Repealed by 1971 c.743 §432]
     165.325 [Repealed by 1971 c.743 §432]
     165.330 [Repealed by 1971 c.743 §432]
     165.335 [Repealed by 1971 c.743 §432]
     165.340 [Amended by 1957 c.655 §1; repealed by 1971
c.743 §432]
     165.345 [Repealed by 1971 c.743 §432]
     165.350 [Repealed by 1971 c.743 §432]
     165.352 [1961 c.454 §75(2); repealed by 1971 c.743 §432]
     165.355 [Repealed by 1971 c.743 §432]
     165.405 [Repealed by 1971 c.743 §432]
     165.410 [Repealed by 1971 c.743 §432]
     165.415 [Repealed by 1971 c.743 §432]
     165.420 [Amended by 1961 c.261 §1; repealed by 1971
c.743 §432]
     165.425 [Repealed by 1971 c.743 §432]
     165.430 [Repealed by 1971 c.743 §432]
     165.435 [Repealed by 1971 c.743 §432]
     165.440 [Repealed by 1971 c.743 §432]
     165.445 [Repealed by 1971 c.743 §432]
     165.450 [Repealed by 1971 c.743 §432]
     165.455 [Repealed by 1971 c.743 §432]
     165.460 [Repealed by 1971 c.743 §432]
     165.465 [Repealed by 1971 c.743 §432]
CRIMES
INVOLVING COMMUNICATIONS
     165.475
Sending telegrams in order of receipt. (1) Except as provided in ORS 165.480 and in subsection (2) of this
section, any telegraph company doing business in this state who fails to
transmit all dispatches in the order in which they are received, is subject to
a penalty of $100, to be recovered with costs of suit by the person whose
dispatch is postponed out of its order.
     (2) Communications from other telegraphic
lines in connection with lines in this state may have precedence over all
ordinary private communications and intelligence of general and public interest
may be transmitted for publication out of its order. [Formerly 757.606]
     165.480
Telegrams having priority in time of war or crisis. Every telegraph company shall, on application
of any officer of this state or the United States, in case of any war,
insurrection, riot or other civil commotion, or resistance of public authority,
or for the prevention and punishment of crime, or for the arrest of persons
suspected or charged therewith, give to the communications of such officers,
immediate dispatch, at the price of ordinary communications of the same length.
[Formerly 757.611]
     165.485
Wrongful alteration of telegraphic message. (1) No officer, agent, operator, clerk or employee of any telegraph
company, or any other person, shall willfully alter any such message by adding
thereto or omitting therefrom any words or figures, so as to materially change
the sense, purport or meaning of such message, to the injury of the person sending
or desiring to send the message, or to whom it was directed.
     (2) When numerals or words of number occur
in any message, the operator or clerk sending or receiving may express the same
in words or figures, or in both words and figures, and such fact shall not be
deemed an alteration of the message, nor in any manner affect its genuineness,
force or validity.
     (3) Any person violating this section, in
addition to the penalty prescribed in ORS 165.990 (1) to (3) is liable in a
civil suit for all damages occasioned thereby. [Formerly 757.616]
     165.490
Use by company agent of information contained in message. (1) No agent, operator or employee in any
telegraph office, shall in any way use or appropriate any information derived
by the agent, operator or employee from any private message passing through the
hands of the agent, operator or employee and addressed to any other person, or
in any other manner acquired by the agent, operator or employee by reason of
trust as such agent, operator or employee, or trade or speculate upon any such
information so obtained, or in any manner turn or attempt to turn the same to
the account, profit or advantage of the agent, operator or employee.
     (2) Any person violating this section, in
addition to the penalty prescribed in ORS 165.990 (1) to (3), is liable in
treble damages to the party aggrieved, for all loss or injury sustained by
reason of such wrongful act. [Formerly 757.621]
     165.495
Refusing to send or deliver message or sending message out of order. (1) Except as provided in subsection (2) of
this section, no agent, operator or employee in any telegraph office, shall
unreasonably and willfully:
     (a) Refuse or neglect to send any message
received at such office for transmission;
     (b) Postpone any message out of its order;
or
     (c) Refuse or neglect to deliver any
message received by telegraph.
     (2) This section does not require:
     (a) Any message to be received,
transmitted or delivered, unless the charges thereon have been paid or
tendered;
     (b) The sending, receiving or delivery of
any message counseling, aiding, abetting or encouraging treason against the
Government of the United States or of this state, or other resistance to the
lawful authority, or any message calculated to further any fraudulent plan or
purpose, or to instigate or encourage the perpetration of any unlawful act, or
to facilitate the escape of any criminal or person accused of crime. [Formerly
757.626]
     165.505
Opening or procuring telegraphic message addressed to another; civil liability.
(1) Any person, not
connected with any telegraph office, who, without the authority or consent of
the person to whom the envelope is directed, willfully or unlawfully opens any
sealed envelope enclosing a telegraphic message and addressed to any other
person, with the intent to learn the contents of the message, or who
fraudulently represents any other person, and thereby procures to be delivered
to the person any telegraphic message, addressed to such other person, with the
intent to use, destroy or detain the message from the person entitled to
receive it, shall be punished upon conviction by a fine not to exceed $1,000,
or imprisonment not to exceed one year, or both.
     (2) Any person violating this section is
liable in treble damages to the party injured for all loss and damage sustained
by reason of such wrongful act.
     165.510
Learning contents of telegraphic message sent to another; civil liability. (1) Any person, not connected with any
telegraph company, who, by means of any machine, instrument or contrivance, or
in any other manner, willfully and fraudulently reads or attempts to read any
message, or to learn its contents, while it is being sent over any telegraph
line, or who willfully and fraudulently or clandestinely learns or attempts to
learn the contents or meaning of any message, while it is in, or being received
at, any telegraph office, or is sent therefrom, or who uses or attempts to use,
or communicates to others any information so obtained by any person, shall be
punished upon conviction by a fine not to exceed $1,000, or imprisonment not to
exceed one year, or both.
     (2) Any person violating this section
shall be liable in a civil suit for all damages occasioned thereby.
     165.515
Bribery of telegraph company agents to disclose contents of message. (1) Any person who, by the payment or
promise of any bribe, inducement or reward, procures or attempts to procure any
telegraphic agent, operator or employee to disclose any private message, or the
contents, purport, substance of meaning thereof, or who offers to any such
person any bribe, compensation or reward for the disclosure of any private
information received by such person by reason of trust, or who uses or attempts
to use information so obtained, shall be punished upon conviction by a fine not
to exceed $1,000, or imprisonment not to exceed one year, or both.
     (2) Any person violating this section
shall be liable in a civil suit for all damages occasioned thereby.
     165.520
Opening, reading or publishing letter; federal jurisdiction. Any person who willfully opens or reads, or
causes to be opened and read, any sealed letter not addressed to the person,
without being authorized so to do either by the writer of such letter or by the
person to whom it is addressed, or who willfully, without like authority,
publishes any letter or portion thereof knowing it to have been so opened,
shall be punished upon conviction by imprisonment in the county jail for not
less than one month nor more than one year, or by fine not less than $50 nor
more than $500. This section does not extend to or include any act made
punishable by the laws of the
     165.525 [Repealed by 1971 c.743 §432]
     165.530 [Repealed by 1971 c.743 §432]
     165.532 [1961 c.428 §1; repealed by 1971 c.743 §432]
     165.535
Definitions applicable to obtaining contents of communications. 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.
     (2) “Person” means any person as defined
in ORS 174.100 and includes public officials and law enforcement officers of
the state, county, municipal corporation or any other political subdivision of
the state.
     (3) “Radio communication” means the transmission
by radio or other wireless methods of writing, signs, signals, pictures and
sounds of all kinds, including all instrumentalities, facilities, equipment and
services (including, among other things, the receipt, forwarding and delivering
of communications) incidental to such transmission.
     (4) “Telecommunication” means the
transmission of writing, signs, signals, pictures and sounds of all kinds by
aid of wire, cable or other similar connection between the points of origin and
reception of such transmission, including all instrumentalities, facilities,
equipment and services (including, among other things, the receipt, forwarding
and delivering of communications) incidental to such transmission. [1955 c.675 §1;
1959 c.681 §1; 1983 c.740 §34]
     165.540
Obtaining contents of communications. (1) Except as otherwise provided in ORS 133.724 or 133.726 or
subsections (2) to (7) 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 device, contrivance, machine or
apparatus, whether electrical, mechanical, manual or otherwise, unless consent
is given by at least one participant.
     (b) Tamper with the wires, connections,
boxes, fuses, circuits, lines or any other equipment or facilities of a
telecommunication or radio communication company over which messages are
transmitted, with the intent to obtain unlawfully the contents of a
telecommunication or radio communication to which the person is not a
participant.
     (c) Obtain or attempt to obtain the whole
or any part of a conversation by means of any device, contrivance, machine or
apparatus, whether electrical, mechanical, manual or otherwise, if not all
participants in the conversation are specifically informed that their
conversation is being obtained.
     (d) Obtain the whole or any part of a
conversation, telecommunication or radio communication from any person, while
knowing or having good reason to believe that the conversation,
telecommunication or radio communication was initially obtained in a manner
prohibited by this section.
     (e) Use or attempt to use, or divulge to
others, any conversation, telecommunication or radio communication obtained by
any means prohibited by this section.
     (2)(a) The prohibitions in subsection
(1)(a), (b) and (c) of this section do not apply to:
     (A) Officers, employees or agents of a
telecommunication or radio communication company who perform the acts
prohibited by subsection (1)(a), (b) and (c) of this section for the purpose of
construction, maintenance or conducting of their telecommunication or radio
communication service, facilities or equipment.
     (B) Public officials in charge of and at
jails, police premises, sheriffsÂ’ offices, Department of Corrections
institutions and other penal or correctional institutions, except as to
communications or conversations between an attorney and the client of the
attorney.
     (b) Officers, employees or agents of a
telecommunication or radio communication company who obtain information under
paragraph (a) of this subsection may not use or attempt to use, or divulge to
others, the information except for the purpose of construction, maintenance, or
conducting of their telecommunication or radio communication service,
facilities or equipment.
     (3) The prohibitions in subsection (1)(a),
(b) or (c) of this section do not apply to subscribers or members of their
family who perform the acts prohibited in subsection (1) of this section in
their homes.
     (4) The prohibitions in subsection (1)(a)
of this section do not apply to the receiving or obtaining of the contents of
any radio or television broadcast transmitted for the use of the general
public.
     (5) The prohibitions in subsection (1)(c)
of this section do not apply to:
     (a) A person who records a conversation
during a felony that endangers human life;
     (b) A law enforcement officer who is in
uniform and displaying a badge and who is operating a vehicle-mounted video
camera that records the scene in front of, within or surrounding a police
vehicle, unless the officer has reasonable opportunity to inform participants
in the conversation that the conversation is being obtained; or
     (c) A law enforcement officer who, acting
in the officerÂ’s official capacity, deploys an Electro-Muscular Disruption
Technology device that contains a built-in monitoring system capable of
recording audio or video, for the duration of that deployment.
     (6) The prohibitions in subsection (1)(c)
of this section do not apply to persons who intercept or attempt to intercept
with an unconcealed recording device the oral communications that are part of
any of the following proceedings:
     (a) Public or semipublic meetings such as
hearings before governmental or quasi-governmental bodies, trials, press
conferences, public speeches, rallies and sporting or other events;
     (b) Regularly scheduled classes or similar
educational activities in public or private institutions; or
     (c) Private meetings or conferences if all
others involved knew or reasonably should have known that the recording was
being made.
     (7) The prohibitions in subsection (1)(a),
(c), (d) and (e) of this section do not apply to any:
     (a) Radio communication that is
transmitted by a station operating on an authorized frequency within the
amateur or citizens bands; or
     (b) Person who intercepts a radio
communication that is transmitted by any governmental, law enforcement, civil
defense or public safety communications system, including police and fire,
readily accessible to the general public provided that the interception is not
for purposes of illegal activity.
     (8) Violation of subsection (1) or (2)(b)
of this section is a Class A misdemeanor.
     (9) As used in this section:
     (a) “Electro-Muscular Disruption
Technology device” means a device that uses a high-voltage, low power charge of
electricity to induce involuntary muscle contractions intended to cause
temporary incapacitation. “Electro-Muscular Disruption Technology device”
includes devices commonly known as tasers.
     (b) “Law enforcement officer” has the
meaning given that term in ORS 133.726. [1955 c.675 §§2,7; 1959 c.681 §2; 1961
c.460 §1; 1979 c.744 §9; 1983 c.693 §1; 1983 c.740 §35; 1983 c.824 §1; 1987
c.320 §87; 1989 c.983 §14a; 1989 c.1078 §1; 2001 c.104 §54; 2001 c.385 §4; 2003
c.14 §62; 2007 c.879 §1]
     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 agencyÂ’s jurisdiction:
     (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 enforcement officer or a person under the supervision of the officer
and the number of persons in each category who wore the device.
     (2) During January of each year, the
district attorney of a county in which electronic listening devices were used
under ORS 133.726 (7) or 165.540 (5)(a) shall report to the Department of
Justice:
     (a) The information required by subsection
(1) of this section with respect to the use of electronic listening devices
during the preceding calendar year; and
     (b) The aggregate number of instances in
which electronic listening devices have been used in the county under ORS
133.726 (7) or 165.540 (5)(a) during the preceding calendar year.
     (3) The law enforcement agency shall
include as part of the case file any use of electronic listening devices under
ORS 133.726 (7) or 165.540 (5)(a).
     (4) During April of each odd-numbered
calendar year, the Department of Justice shall transmit to the Legislative
Assembly a report including a summary of the information required by
subsections (1) and (2) of this section.
     (5) Failure to comply with the reporting
requirements of this section shall not affect the admissibility of evidence. [1989
c.1078 §2; 2001 c.385 §7; 2007 c.879 §2]
     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.
     (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]
     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]
     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.
     (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 enforcement officials required under this section. The
telephone company shall also provide, in writing, the telephone number where
the security representative or other telephone company official authorized to
provide assistance under this section can be reached at any time. The telephone
company shall notify the law enforcement agencies of any change in the
information required under this subsection.
     (3) Good faith reliance upon an order by a
supervising law enforcement official is a complete defense to any civil or
criminal action arising out of the cutting, rerouting or diverting of a
telephone line pursuant to this section. [1979 c.605 §1]
     165.550 [1967 c.109 §§1,2; repealed by 1971 c.743 §432]
     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:
     (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 for at least six months
prior to the solicitation and is receiving a substantial salary; or
     (c) And the person solicited are
personally known to each other.
     (2) Any violation of subsection (1) of
this section is a Class C misdemeanor. [1973 c.473 §§1,4]
     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]
     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]
     165.570
Improper use of emergency reporting system. (1) A person commits the crime of improper use of an emergency
reporting system if the person knowingly:
     (a) Calls a 9-1-1 emergency reporting
system or the School Safety Hotline 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 telephone
equipment owned, rented or leased by or under the control of the person to call
a 9-1-1 emergency reporting system or the School Safety Hotline for a purpose
other than to report a situation that the other person reasonably believes
requires prompt service in order to preserve human life or property.
     (2) As used in this section:
     (a) “9-1-1 emergency reporting system” has
the meaning given that term in ORS 401.710.
     (b) “School Safety Hotline” means the
toll-free telephone line established under ORS 180.650.
     (3) Improper use of an emergency reporting
system is a Class A misdemeanor. [1995 c.566 §1; 2001 c.619 §4]
     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, an agency charged with the duty of taking public safety
reports or a 9-1-1 emergency reporting system.
     (2) Interference with making a report is a
Class A misdemeanor. [1999 c.946 §1]
CELLULAR
TELEPHONES
     165.575
Definitions. 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 telephone service” means all
services and cellular telephone equipment and capabilities available from a
provider to an end user for a fee.
     (3) “Cloned cellular telephone” or “counterfeit
cellular telephone” means a cellular telephone, the electronic serial number of
which has been altered by someone other than the manufacturer.
     (4) “Cloning paraphernalia” means
materials that, when possessed in combination, are capable of creating a cloned
cellular telephone. “Cloning paraphernalia” includes, but is not limited to:
     (a) Scanners to intercept electronic
serial numbers and mobile identification numbers;
     (b) Cellular telephones;
     (c) Cables;
     (d) EPROM chips;
     (e) EPROM burners;
     (f) Software for programming the cellular
telephone with a false electronic serial number, mobile identification number,
other identifiable data or a combination thereof;
     (g) Computers containing software
described in paragraph (f) of this subsection; and
     (h) Lists of electronic serial number and
mobile identification number combinations.
     (5) “Electronic serial number” means a
unique number that is programmed into a cellular telephone by the manufacturer,
transmitted by the cellular telephone and used by cellular telephone providers
to validate radio transmissions to the system as having been made by an
authorized device.
     (6) “End user” is a person who pays a fee
to subscribe to cellular telephone service from a provider or a person
receiving a call from or sending a call to the person paying or subscribing for
cellular telephone service.
     (7) “Intercept” means to electronically
capture, record, reveal or otherwise access the signals emitted or received
during the operation of a cellular telephone by any instrument, device or
equipment without the consent of the sender or receiver.
     (8) “Mobile identification number” means
the cellular telephone number assigned to the cellular telephone by the
cellular telephone provider.
     (9) “Provider” means a licensed seller of
cellular telephone service or a reselling agent authorized by a licensed
seller. [1995 c.524 §1]
     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.
     (2) Cellular counterfeiting in the third
degree is a Class A misdemeanor. [1995 c.524 §2]
     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:
     (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]
     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:
     (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]
     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:
     (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 enforcement officers and public
officials in charge of jails, police premises, sheriffsÂ’ offices, Department of
Corrections institutions and other penal or correctional institutions, or any
other person under the color of law, who engages in conduct prohibited by ORS
165.577, 165.579 or 165.581 for the purpose of law enforcement or in the normal
course of the officerÂ’s or officialÂ’s employment activities or duties; and
     (3) Officers, employees or agents of
federal or state agencies that are authorized to monitor or intercept cellular
telephone service in the normal course of the officerÂ’s, employeeÂ’s or agentÂ’s
employment. [1995 c.524 §5]
     165.585
[1995 c.524 §§6,7; repealed
by 2001 c.666 §56]
     165.586 [2001 c.666 §51; repealed by 2005 c.830 §48]
     165.605 [Repealed by 1971 c.743 §432]
     165.610 [Repealed by 1971 c.743 §432]
     165.615 [Amended by 1965 c.454 §1; repealed by 1971
c.743 §432]
     165.620 [Repealed by 1971 c.743 §432]
     165.625 [Repealed by 1971 c.743 §432]
     165.655 [Formerly 74.500; repealed by 1971 c.743 §432]
USE OF PEN
REGISTERS AND TRAP AND TRACE DEVICES
     165.657
Definitions for ORS 165.659 to 165.669. 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 transmitted on the telephone line to which such device is
attached, but does not include any device used by a provider or customer of a
provider of electronic or wire communication service for billing or recording
as an incident to billing for communications services provided by such provider
or any device used by a provider or customer of a wire communication service
for cost accounting or other like purposes in the ordinary course of its
business.
     (3) “Police officer” has the meaning given
in ORS 133.525.
     (4) “Trap and trace device” means a device
which captures the incoming electronic or other impulses which identify the
originating number of an instrument or device from which a wire or electronic
communication was transmitted.
     (5) “Wire communication” has the meaning
given in ORS 133.721. [1989 c.983 §15]
     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]
     165.660 [Formerly 74.510; repealed by 1971 c.743 §432]
     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:
     (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 a wire or
electronic communication was initiated or completed in order to protect such
provider, another provider furnishing service toward the completion of the wire
communication or a user of that service, from fraudulent, unlawful or abusive
use of service; or
     (3) When the consent of the user of that
service has been obtained. [1989 c.983 §17]
     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:
     (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 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 475.840, 475.846 to 475.894 or 475.906;
     (c) A crime under ORS 166.720 that
includes as part of the pattern of racketeering activity at least one incident
of conduct that constitutes a felony; or
     (d) Any conspiracy to commit a crime
described in paragraphs (a) to (c) of this subsection; and
     (4) Contain a statement demonstrating that
use of a pen register or trap and trace device will yield evidence relevant to
the crime. [1989 c.983 §18; 2003 c.451 §1; 2005 c.708 §49]
     165.665 [Formerly 74.520; repealed by 1971 c.743 §432]
     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:
     (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 475.840, 475.846 to 475.894 or 475.906;
     (C) A crime under ORS 166.720 that
includes as part of the pattern of racketeering activity at least one incident
of conduct that constitutes a felony; or
     (D) Any conspiracy to commit a crime
described in subparagraphs (A) to (C) of this paragraph; and
     (b) Use of a pen register or trap and
trace device will yield evidence relevant to the crime.
     (2) The order shall:
     (a) Specify the identity, if known, of the
person to whom is leased or in whose name is listed the telephone line to which
the pen register or trap and trace device is to be attached;
     (b) Specify the identity, if known, of the
person who is the subject of the criminal investigation;
     (c) Specify the number and, if known,
physical location of the telephone number to which the pen register or trap and
trace device is to be attached and, in the case of a trap and trace device, the
geographic limits of the trap and trace order;
     (d) Contain a statement of the offense to
which the information likely to be obtained by the pen register or trap and
trace device relates;
     (e) Direct, upon the request of the
applicant, the furnishing of information, facilities and technical assistance
necessary to accomplish the installation of the pen register or trap and trace
device;
     (f) Authorize the installation and use of
a pen register or a trap and trace device for a period not to exceed 30 days,
which may be extended by application and order for a period not to exceed an
additional 30 days;
     (g) Direct that the order and application
be sealed until otherwise ordered by the court; and
     (h) Direct the person owning or leasing
the line to which the pen register or the trap and trace device is attached, or
who has been ordered by the court to provide assistance to the applicant, not
to disclose the existence of the pen register or trap and trace device or the
existence of the investigation to the listed subscriber or to any other person,
unless or until otherwise ordered by the court. [1989 c.983 §19; 2003 c.451 §2;
2005 c.708 §50]
     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.
     (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 shall furnish the investigating law enforcement agency forthwith with
all information, facilities and technical assistance necessary to accomplish
the installation of the trap and trace device 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. Unless otherwise ordered by
the court, the results of the trap and trace device shall be furnished to the
police officer designated in the order at reasonable intervals during regular
business hours for the duration of the order.
     (3) A provider of wire or electronic
communication service, landlord, custodian or other person who furnishes
facilities or technical assistance pursuant to 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 shall be reasonably compensated for
such reasonable expenses incurred in providing such facilities and assistance.
     (4) No cause of action shall lie in any
court against any provider of wire or electronic communication service, its
officers, employees, agents or other specified persons for providing
information, facilities or assistance in accordance with the terms of a court
order 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. [1989
c.983 §§20,21,22,23]
     165.670 [Formerly 74.530; repealed by 1971 c.743 §432]
     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]
     165.673
Disclosure of results prohibited; exception. 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]
     165.675 [Formerly 74.540; repealed by 1971 c.743 §432]
     165.680 [Formerly 74.550; repealed by 1971 c.743 §432]
FALSE CLAIMS FOR
HEALTH CARE PAYMENTS
     165.690
Definitions. 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 payment” does not include any statement by a
person on an application for coverage under a contract or certificate of health
care coverage issued by an insurer, health care service contractor, health
maintenance organization or other legal entity that is self-insured and
provides health care benefits to its employees.
     (2) “Health care payment” means money paid
in compensation for the delivery of specified health care services, whether
under a contract, certificate or policy of insurance, by a health care payor.
     (3) “Health care payor” means:
     (a) Any insurance company authorized to
provide health insurance in this state;
     (b) A health maintenance organization;
     (c) A health care service contractor;
     (d) Any legal entity that is self-insured
and provides benefits for health care services to its employees;
     (e) Any legal entity responsible for
handling claims for health care services under a state or federal medical
assistance program;
     (f) The State of
     (g) Any insurer authorized under ORS
chapter 731 to transact workersÂ’ compensation or casualty insurance in this
state; or
     (h) Any employer authorized under ORS
chapter 656 to self-insure its workersÂ’ compensation risk.
     (4) “Health care services” means any
medical or remedial care or service, including supplies delivered in connection
with the care or service, that is recognized under state law.
     (5) “Person” means an individual,
corporation, partnership or association that provides health care services or
any other form of legal or business entity that provides health care services. [1995
c.496 §1; 2001 c.556 §1]
     165.692
Making false claim for health care payment. 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 payment; or
     (2) Knowingly conceals from or fails to
disclose to a health care payor the occurrence of any event or the existence of
any information with the intent to obtain a health care payment to which the
person is not entitled, or to obtain or retain a health care payment in an
amount greater than that to which the person is or was entitled. [1995 c.496 §2]
     165.694
Aggregation of claims. (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 same health care payor, or
a contractor, or contractors, of the same health care payor, within a 180-day
period.
     (2) The charging instrument must identify
those claims that are part of any aggregated counts. [1995 c.496 §3]
     165.696
Who may commence prosecution.
The district attorney or the Attorney General may commence a prosecution under
ORS 165.692. [1995 c.496 §6]
     165.698
Notice of conviction. The
prosecuting attorney shall notify the Department of Human Services and any
appropriate licensing boards of the conviction of a person under ORS 165.692. [1995
c.496 §5]
MISCELLANEOUS
     165.800
Identity theft. (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 personÂ’s own use the personal identification of another person.
     (2) Identity theft is a Class C felony.
     (3) It is an affirmative defense to
violating subsection (1) of this section that the person charged with the
offense:
     (a) Was under 21 years of age at the time
of committing the offense and the person used the personal identification of
another person solely for the purpose of purchasing alcohol;
     (b) Was under 18 years of age at the time
of committing the offense and the person used the personal identification of
another person solely for the purpose of purchasing tobacco products; or
     (c) Used the personal identification of
another person solely for the purpose of misrepresenting the personÂ’s age to
gain access to a:
     (A) Place the access to which is
restricted based on age; or
     (B) Benefit based on age.
     (4) As used in this section:
     (a) “Another person” means a real person,
whether living or deceased, or an imaginary person.
     (b) “Personal identification” includes,
but is not limited to, any written document or electronic data that does, or
purports to, provide information concerning:
     (A) A person’s name, address or telephone
number;
     (B) A person’s driving privileges;
     (C) A person’s Social Security number or
tax identification number;
     (D) A person’s citizenship status or alien
identification number;
     (E) A person’s employment status, employer
or place of employment;
     (F) The identification number assigned to
a person by a personÂ’s employer;
     (G) The maiden name of a person or a
personÂ’s mother;
     (H) The identifying number of a person’s
depository account at a “financial institution” or “trust company,” as those
terms are defined in ORS 706.008, or a credit card account;
     (I) A person’s signature or a copy of a
personÂ’s signature;
     (J) A person’s electronic mail name,
electronic mail signature, electronic mail address or electronic mail account;
     (K) A person’s photograph;
     (L) A person’s date of birth; and
     (M) A person’s personal identification
number. [1999 c.1022 §1; 2001 c.870 §3; 2007 c.583 §1]
     165.803
Aggravated identity theft.
(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 violates ORS 165.800 and
the losses incurred in a single or aggregate transaction are $10,000 or more
within a 180-day period; or
     (d) The person violates ORS 165.800 and
has in the personÂ’s custody, possession or control 10 or more pieces of
personal identification from 10 or more different persons.
     (2) Aggravated identity theft is a Class B
felony.
     (3) As used in this section, “previous
conviction” includes:
     (a) Convictions occurring before, on or
after January 1, 2008; and
     (b) Convictions entered in any other state
or federal court for comparable offenses.
     (4) The state shall plead in the
accusatory instrument and prove beyond a reasonable doubt, as an element of the
offense, the previous conviction for aggravated identity theft. [2007 c.584 §1]
     165.805
Misrepresentation of age by a minor. (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 denied to persons under that certain, specified age; or
     (b) Being unmarried, the person knowingly
represents that the person is married with the intent of securing a right,
benefit or privilege which by law is denied to unmarried persons.
     (2) Misrepresentation of age by a minor is
a Class C misdemeanor.
     (3) In addition to and not in lieu of any
other penalty established by law, a person who, using a driver permit or
license or other identification issued by the Department of Transportation of
this state or its equivalent in another state, commits the crime of
misrepresentation of age by a minor in order to purchase or consume alcoholic
liquor may be required to perform community service and the court shall order
that the personÂ’s driving privileges and right to apply for driving privileges
be suspended for a period not to exceed one year. If a court has issued an
order denying driving privileges under this section, the court, upon petition
of the person, may withdraw the order at any time the court deems appropriate.
The court notification to the department under this subsection may include a
recommendation that the person be granted a hardship permit under ORS 807.240
if the person is otherwise eligible for the permit.
     (4) The prohibitions of this section do
not apply to any person acting under the direction of the Oregon Liquor Control
Commission or under the direction of state or local law enforcement agencies
for the purpose of investigating possible violations of laws prohibiting sales
of alcoholic beverages to persons who are under a certain, specified age.
     (5) The prohibitions of this section do
not apply to a person under the age of 21 years who is acting under the
direction of a licensee for the purpose of investigating possible violations by
employees of the licensee of laws prohibiting sales of alcoholic beverages to
persons who are under the age of 21 years. [1971 c.743 §285; 1991 c.860 §1;
1993 c.18 §25; 2001 c.791 §3]
     165.810
Unlawful possession of a personal identification device. (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 is used to manufacture or print:
     (a) A driver license or permit or an
identification card issued by any state or the federal government;
     (b) An employee identification card issued
by an employer; or
     (c) A credit or debit card.
     (2) Unlawful possession of a personal
identification device is a Class C felony. [2003 c.632 §1]
     165.813
Unlawful possession of fictitious identification. (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) Unlawful possession of fictitious
identification is a Class C felony.
     (3) It is an affirmative defense to
violating subsection (1) of this section that the person charged with the
offense:
     (a) Was under 21 years of age at the time
of committing the offense and the person possessed the personal identification
card solely for the purpose of enabling the person to purchase alcohol; or
     (b) Was under 18 years of age at the time
of committing the offense and the person possessed the personal identification
card solely for the purpose of enabling the person to purchase tobacco
products. [2003 c.632 §2]
     165.825
     (2) Violation of subsection (1) of this
section is a misdemeanor. [1971 c.175 §§1,2]
     165.840
Meaning of “telegraphic copy” in ORS 165.845 and 165.850. 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]
     165.845
Making and drawing of checks and notes by wire.(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, indorser or acceptor thereof;
     (b) Create the same rights and equities in
favor of the payee, drawee, indorsee, acceptor, holder or bearer thereof; and
     (c) Are entitled to the same days of
grace, as if duly made or drawn and delivered in writing.
     (2) No person other than the maker or
drawer thereof shall cause any such instrument to be sent by telegraph so as to
charge any person thereby.
     (3) Whenever the genuineness or execution
of any such instrument received by telegraph is denied on oath by the person
sought to be charged thereby, it is incumbent upon the party claiming under or
alleging the same to prove the existence and execution of the original writing
from which the telegraphic copy was transmitted.
     (4) The original message shall in all
cases be preserved in the telegraph office from which it is sent. [Formerly
757.636; 1981 c.892 §91]
     165.850
Manner of expressing private and official seals in telegrams. 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 the word “seal.” [Formerly 757.641]
PENALTIES
     165.990
Penalties. (1) Any officer,
agent, operator or employee of any telegraph company who refuses or willfully
omits to transmit communications in accordance with ORS 165.480, or designedly
alters or falsifies such communications, is liable to indictment and, upon
conviction, may be punished by fine or imprisonment, at the discretion of the
court.
     (2) Violation of ORS 165.485 or 165.490 is
punishable, upon conviction, by a fine of not exceeding $1,000 or imprisonment
in the county jail for not exceeding one year, or both.
     (3) Violation of ORS 165.495 is
punishable, upon conviction, by a fine of not exceeding $500 or imprisonment in
the county jail for not exceeding six months, or both.
     (4)(a) Violation of ORS 165.692 is a Class
C felony punishable as provided in ORS chapter 161.
     (b) Criminal prosecution of violators of
ORS 165.692 shall 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]
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