2007 Oregon Code - Chapter 164 :: Chapter 164 - Offenses Against Property
Chapter 164 —
Offenses Against Property
2007 EDITION
OFFENSES AGAINST PROPERTY
CRIMES AND PUNISHMENTS
DEFINITIONS
164.005Â Â Â Â Definitions
THEFT AND RELATED OFFENSES
164.015    “Theft”
described
164.025Â Â Â Â Consolidation
of theft offenses; pleading and proof
164.035Â Â Â Â Defenses
to theft
164.043Â Â Â Â Theft
in the third degree
164.045Â Â Â Â Theft
in the second degree
164.055Â Â Â Â Theft
in the first degree
164.057Â Â Â Â Aggravated
theft in the first degree
164.065Â Â Â Â Theft
of lost, mislaid property
164.075Â Â Â Â Theft
by extortion
164.085Â Â Â Â Theft
by deception
164.095Â Â Â Â Theft
by receiving
164.098Â Â Â Â Organized
retail theft
164.105Â Â Â Â Right
of possession
164.115Â Â Â Â Value
of property
164.125Â Â Â Â Theft
of services
164.130Â Â Â Â Application
of ORS 164.125 to telephone or telegraph services; jurisdiction
164.132Â Â Â Â Unlawful
distribution of cable television equipment
164.135Â Â Â Â Unauthorized
use of a vehicle
164.138Â Â Â Â Criminal
possession of a rented or leased motor vehicle
164.140Â Â Â Â Criminal
possession of rented or leased personal property
MAIL-RELATED OFFENSES
164.160Â Â Â Â Definitions
164.162Â Â Â Â Mail
theft or receipt of stolen mail
164.164Â Â Â Â Defense
in prosecution under ORS 164.162; applicability of ORS 164.162
MONEY LAUNDERING
164.170Â Â Â Â Laundering
a monetary instrument
164.172Â Â Â Â Engaging
in a financial transaction in property derived from unlawful activity
164.174Â Â Â Â Exceptions
BURGLARY AND CRIMINAL TRESPASS
164.205Â Â Â Â Definitions
for ORS 164.205 to 164.270
164.215Â Â Â Â Burglary
in the second degree
164.225Â Â Â Â Burglary
in the first degree
164.235Â Â Â Â Possession
of a burglary tool or theft device
164.243Â Â Â Â Criminal
trespass in the second degree by a guest
164.245Â Â Â Â Criminal
trespass in the second degree
164.255Â Â Â Â Criminal
trespass in the first degree
164.265Â Â Â Â Criminal
trespass while in possession of firearm
164.270Â Â Â Â Closure
of premises to motor-propelled vehicles
164.272Â Â Â Â Unlawful
entry into motor vehicle
164.274Â Â Â Â Definitions
for ORS 164.276 and 164.278
164.276Â Â Â Â Authority
of sports official to expel persons from sports event
164.278Â Â Â Â Criminal
trespass at sports event
DEFINITIONS FOR ARSON, CRIMINAL MISCHIEF AND
RELATED OFFENSES
164.305Â Â Â Â Definitions
for ORS 164.305 to 164.377
ARSON AND RELATED OFFENSES
164.315Â Â Â Â Arson
in the second degree
164.325Â Â Â Â Arson
in the first degree
164.335Â Â Â Â Reckless
burning
CRIMINAL MISCHIEF AND RELATED OFFENSES
164.345Â Â Â Â Criminal
mischief in the third degree
164.354Â Â Â Â Criminal
mischief in the second degree
164.365Â Â Â Â Criminal
mischief in the first degree
164.367Â Â Â Â Determining
value of damage; aggregation
164.373Â Â Â Â Tampering
with cable television equipment
164.377Â Â Â Â Computer
crime
GRAFFITI-RELATED OFFENSES
164.381Â Â Â Â Definitions
164.383Â Â Â Â Unlawfully
applying graffiti
164.386Â Â Â Â Unlawfully
possessing graffiti implement
164.388Â Â Â Â Preemption
ROBBERY
164.395Â Â Â Â Robbery
in the third degree
164.405Â Â Â Â Robbery
in the second degree
164.415Â Â Â Â Robbery
in the first degree
LITTERING
164.775Â Â Â Â Deposit
of trash within 100 yards of waters or in waters; license suspensions; civil
penalties; credit for work in lieu of fine
164.785Â Â Â Â Placing
offensive substances in waters, on highways or other property
164.805Â Â Â Â Offensive
littering
UNLAWFUL TRANSPORT
164.813Â Â Â Â Unlawful
cutting and transport of special forest products
164.814Â Â Â Â State
Forester required to develop forms for special forest products
164.815Â Â Â Â Unlawful
transport of hay
164.825Â Â Â Â Cutting
and transport of coniferous trees without permit or bill of sale
164.828Â Â Â Â Ownership
as affirmative defense under ORS 164.813 and 164.825
164.835Â Â Â Â Investigation
to prevent violations of ORS 164.813 and 164.825
164.845Â Â Â Â Arrest,
summons for cutting or transport of trees or special forest products; effect of
failure to appear
164.855Â Â Â Â Seizure
of trees or special forest products cut or transported in violation of ORS
164.813 or 164.825
164.863Â Â Â Â Unlawful
transport of meat animal carcasses
MISCELLANEOUS
164.864Â Â Â Â Definitions
for ORS 164.864 to 164.882
164.865Â Â Â Â Unlawful
sound recording
164.866Â Â Â Â Civil
action for injuries caused by criminal acts
164.867Â Â Â Â Applicability
of ORS 164.868, 164.869 and 164.872
164.868Â Â Â Â Unlawful
labeling of a sound recording
164.869Â Â Â Â Unlawful
recording of a live performance
164.872Â Â Â Â Unlawful
labeling of a videotape recording
164.873Â Â Â Â Exemptions
from ORS 164.865, 164.868, 164.869, 164.872 and 164.875
164.875Â Â Â Â Unlawful
videotape recording
164.882Â Â Â Â Unlawful
operation of an audiovisual device
164.885Â Â Â Â Endangering
aircraft
164.886Â Â Â Â Unlawful
tree spiking; unlawful possession of substance that can damage certain wood
processing equipment
164.887Â Â Â Â Interference
with agricultural operations
164.889Â Â Â Â Interference
with agricultural research
DEFINITIONS
     164.005
Definitions. As used in
chapter 743,
     (1) “Appropriate property of another to
oneself or a third person” or “appropriate” means to:
     (a) Exercise control over property of
another, or to aid a third person to exercise control over property of another,
permanently or for so extended a period or under such circumstances as to
acquire the major portion of the economic value or benefit of such property; or
     (b) Dispose of the property of another for
the benefit of oneself or a third person.
     (2) “Deprive another of property” or “deprive”
means to:
     (a) Withhold property of another or cause
property of another to be withheld from that person permanently or for so
extended a period or under such circumstances that the major portion of its
economic value or benefit is lost to that person; or
     (b) Dispose of the property in such manner
or under such circumstances as to render it unlikely that an owner will recover
such property.
     (3) “Obtain” includes, but is not limited
to, the bringing about of a transfer or purported transfer of property or of a
legal interest therein, whether to the obtainer or another.
     (4) “Owner of property taken, obtained or
withheld” or “owner” means any person who has a right to possession thereof
superior to that of the taker, obtainer or withholder.
     (5) “Property” means any article,
substance or thing of value, including, but not limited to, money, tangible and
intangible personal property, real property, choses-in-action, evidence of debt
or of contract. [1971 c.743 §121]
     Note: Legislative Counsel has substituted “chapter
743, Oregon Laws 1971,” for the words “this Act” in sections 121 and 131,
chapter 743, Oregon Laws 1971, compiled as 164.005 and 164.115. 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.
     164.010 [Amended by 1959 c.236 §1; repealed by 1971
c.743 §432]
THEFT AND
RELATED OFFENSES
     164.015
“Theft” described. A person
commits theft when, with intent to deprive another of property or to
appropriate property to the person or to a third person, the person:
     (1) Takes, appropriates, obtains or
withholds such property from an owner thereof;
     (2) Commits theft of property lost,
mislaid or delivered by mistake as provided in ORS 164.065;
     (3) Commits theft by extortion as provided
in ORS 164.075;
     (4) Commits theft by deception as provided
in ORS 164.085; or
     (5) Commits theft by receiving as provided
in ORS 164.095. [1971 c.743 §123; 2007 c.71 §47]
     164.020 [Amended by 1959 c.236 §2; repealed by 1971
c.743 §432]
     164.025
Consolidation of theft offenses; pleading and proof. (1) Except for the crime of theft by
extortion, conduct denominated theft under ORS 164.015 constitutes a single
offense.
     (2) If it is an element of the crime
charged that property was taken by extortion, an accusation of theft must so
specify. In all other cases an accusation of theft is sufficient if it alleges
that the defendant committed theft of property of the nature or value required
for the commission of the crime charged without designating the particular way
or manner in which the theft was committed.
     (3) Proof that the defendant engaged in
conduct constituting theft as defined in ORS 164.015 is sufficient to support
any indictment, information or complaint for theft other than one charging
theft by extortion. An accusation of theft by extortion must be supported by
proof establishing theft by extortion. [1971 c.743 §122]
     164.030 [Amended by 1955 c.37 §1; 1959 c.236 §3;
repealed by 1971 c.743 §432]
     164.035
Defenses to theft. (1) In a
prosecution for theft it is a defense that the defendant acted under an honest
claim of right, in that:
     (a) The defendant was unaware that the
property was that of another; or
     (b) The defendant reasonably believed that
the defendant was entitled to the property involved or had a right to acquire
or dispose of it as the defendant did.
     (2) In a prosecution for theft by
extortion committed by instilling in the victim a fear that the victim or
another person would be charged with a crime, it is a defense that the
defendant reasonably believed the threatened charge to be true and that the
sole purpose of the defendant was to compel or induce the victim to take
reasonable action to make good the wrong which was the subject of the
threatened charge.
     (3) In a prosecution for theft by
receiving, it is a defense that the defendant received, retained, concealed or
disposed of the property with the intent of restoring it to the owner.
     (4) It is a defense that the property
involved was that of the defendantÂ’s spouse, unless the parties were not living
together as husband and wife and were living in separate abodes at the time of
the alleged theft. [1971 c.743 §132; 2001 c.104 §53]
     164.040 [Amended by 1959 c.236 §4; repealed by 1971
c.743 §432]
     164.043
Theft in the third degree.
(1) A person commits the crime of theft in the third degree if, by means other
than extortion, the person:
     (a) Commits theft as defined in ORS
164.015; and
     (b) The total value of the property in a
single or an aggregate transaction is under $50.
     (2) Theft in the third degree is a Class C
misdemeanor. [1987 c.907 §2]
     164.045
Theft in the second degree.
(1) A person commits the crime of theft in the second degree if, by other than
extortion, the person:
     (a) Commits theft as defined in ORS
164.015; and
     (b) The total value of the property in a
single or aggregate transaction is $50 or more but is under $200 in a case of
theft by receiving and under $750 in any other case.
     (2) Theft in the second degree is a Class
A misdemeanor. [1971 c.743 §124; 1987 c.907 §3; 1993 c.680 §19]
     164.050 [Repealed by 1965 c.253 §153]
     164.055
Theft in the first degree.
(1) A person commits the crime of theft in the first degree if, by other than
extortion, the person commits theft as defined in ORS 164.015 and:
     (a) The total value of the property in a
single or aggregate transaction is $200 or more in a case of theft by
receiving, and $750 or more in any other case;
     (b) The theft is committed during a riot,
fire, explosion, catastrophe or other emergency in an area affected by the
riot, fire, explosion, catastrophe or other emergency;
     (c) The theft is theft by receiving
committed by buying, selling, borrowing or lending on the security of the
property;
     (d) The subject of the theft is a firearm
or explosive;
     (e) The subject of the theft is a
livestock animal, a companion animal or a wild animal removed from habitat or
born of a wild animal removed from habitat, pursuant to ORS 497.308 (2)(c); or
     (f) The subject of the theft is a
precursor substance.
     (2) As used in this section:
     (a) “Companion animal” means a dog or cat
possessed by a person, business or other entity for purposes of companionship,
security, hunting, herding or providing assistance in relation to a physical
disability.
     (b) “Explosive” means a chemical compound,
mixture or device that is commonly used or intended for the purpose of
producing a chemical reaction resulting in a substantially instantaneous
release of gas and heat, including but not limited to dynamite, blasting
powder, nitroglycerin, blasting caps and nitrojelly, but excluding fireworks as
defined in ORS 480.110 (1), black powder, smokeless powder, small arms ammunition
and small arms ammunition primers.
     (c) “Firearm” means a weapon, by whatever
name known, which is designed to expel a projectile by the action of black
powder or smokeless powder and which is readily capable of use as a weapon.
     (d) “Livestock animal” means a ratite,
psittacine, horse, gelding, mare, stallion, colt, mule, ass, jenny, bull,
steer, cow, calf, goat, sheep, lamb, llama, pig or hog.
     (e) “Precursor substance” has the meaning
given that term in ORS 475.940.
     (3) Theft in the first degree is a Class C
felony. [1971 c.743 §125; 1973 c.405 §1; 1983 c.740 §32; 1987 c.907 §4; 1991
c.837 §9; 1993 c.252 §5; 1993 c.680 §20; 2005 c.706 §10]
     164.057
Aggravated theft in the first degree. (1) A person commits the crime of aggravated theft in the first
degree, if:
     (a) The person violates ORS 164.055 with
respect to property, other than a motor vehicle used primarily for personal
rather than commercial transportation; and
     (b) The value of the property in a single
or aggregate transaction is $10,000 or more.
     (2) Aggravated theft in the first degree
is a Class B felony. [1987 c.907 §5]
     164.060 [Repealed by 1965 c.253 §153]
     164.065
Theft of lost, mislaid property. A person who comes into control of property of another that the person
knows or has good reason to know to have been lost, mislaid or delivered under
a mistake as to the nature or amount of the property or the identity of the
recipient, commits theft if, with intent to deprive the owner thereof, the
person fails to take reasonable measures to restore the property to the owner. [1971
c.743 §126]
     164.070 [Amended by 1965 c.253 §131; repealed by
1971 c.743 §432]
     164.075
Theft by extortion. (1) A
person commits theft by extortion when the person compels or induces another to
deliver property to the person or to a third person by instilling in the other
a fear that, if the property is not so delivered, the actor or a third person
will in the future:
     (a) Cause physical injury to some person;
     (b) Cause damage to property;
     (c) Engage in other conduct constituting a
crime;
     (d) Accuse some person of a crime or cause
criminal charges to be instituted against the person;
     (e) Expose a secret or publicize an
asserted fact, whether true or false, tending to subject some person to hatred,
contempt or ridicule;
     (f) Cause or continue a strike, boycott or
other collective action injurious to some personÂ’s business, except that such
conduct is not considered extortion when the property is demanded or received
for the benefit of the group in whose interest the actor purports to act;
     (g) Testify or provide information or
withhold testimony or information with respect to anotherÂ’s legal claim or
defense;
     (h) Use or abuse the position as a public
servant by performing some act within or related to official duties, or by
failing or refusing to perform an official duty, in such manner as to affect
some person adversely; or
     (i) Inflict any other harm that would not
benefit the actor.
     (2) Theft by extortion is a Class B
felony. [1971 c.743 §127; 1987 c.158 §27; 2007 c.71 §48]
     164.080 [Repealed by 1971 c.743 §432]
     164.085
Theft by deception. (1) A
person, who obtains property of another thereby, commits theft by deception
when, with intent to defraud, the person:
     (a) Creates or confirms another’s false impression
of law, value, intention or other state of mind that the actor does not believe
to be true;
     (b) Fails to correct a false impression
that the person previously created or confirmed;
     (c) Prevents another from acquiring
information pertinent to the disposition of the property involved;
     (d) Sells or otherwise transfers or
encumbers property, failing to disclose a lien, adverse claim or other legal
impediment to the enjoyment of the property, whether such impediment is or is
not valid, or is or is not a matter of official record; or
     (e) Promises performance that the person
does not intend to perform or knows will not be performed.
     (2) “Deception” does not include falsity
as to matters having no pecuniary significance, or representations unlikely to deceive
ordinary persons in the group addressed. For purposes of this subsection, the
theft of a companion animal, as defined in ORS 164.055, or a captive wild
animal is a matter having pecuniary significance.
     (3) In a prosecution for theft by
deception, the defendantÂ’s intention or belief that a promise would not be
performed may not be established by or inferred from the fact alone that such
promise was not performed.
     (4) In a prosecution for theft by
deception committed by means of a bad check, 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. [1971 c.743 §128; 1991 c.837 §10; 2007 c.71 §49]
     164.090 [Repealed by 1971 c.743 §432]
     164.095
Theft by receiving. (1) A person
commits theft by receiving if the person receives, retains, conceals or
disposes of property of another knowing or having good reason to know that the
property was the subject of theft.
     (2) “Receiving” means acquiring
possession, control or title, or lending on the security of the property. [1971
c.743 §129]
     164.098
Organized retail theft. (1)
A person commits the crime of organized retail theft if, acting in concert with
another person:
     (a) The person violates ORS 164.015 or
aids or abets the other person to violate ORS 164.015;
     (b) The subject of the theft is
merchandise and the merchandise is taken from a mercantile establishment; and
     (c) The aggregate value of the merchandise
taken within any 90-day period exceeds $5,000.
     (2) As used in this section:
     (a) “Merchandise” has the meaning given
that term in ORS 30.870.
     (b) “Mercantile establishment” has the
meaning given that term in ORS 30.870.
     (3) Organized retail theft is a Class B
felony. [2007 c.498 §2]
     Note: 164.098 was added to and made a part of ORS
chapter 164 by legislative action but was not added to any smaller series
therein. See Preface to Oregon Revised Statutes for further explanation.
     164.100 [Repealed by 1971 c.743 §432]
     164.105
Right of possession. Right
of possession of property is as follows:
     (1) A person who has obtained possession
of property by theft or other illegal means shall be deemed to have a right of
possession superior to that of another person who takes, obtains or withholds
the property from that person by means of theft.
     (2) A joint or common owner of property
shall not be deemed to have a right of possession of the property superior to
that of any other joint or common owner of the property.
     (3) In the absence of a specific agreement
to the contrary, a person in lawful possession of property shall be deemed to
have a right of possession superior to that of a person having only a security
interest in the property, even if legal title to the property lies with the
holder of the security interest pursuant to a conditional sale contract or
other security agreement. [1971 c.743 §130; 1987 c.158 §28]
     164.110 [Repealed by 1971 c.743 §432]
     164.115
Value of property. For the
purposes of chapter 743, Oregon Laws 1971, the value of property shall be
ascertained as follows:
     (1) Except as otherwise specified in this
section, value means the market value of the property at the time and place of
the crime, or if such cannot reasonably be ascertained, the cost of replacement
of the property within a reasonable time after the crime.
     (2) Whether or not they have been issued
or delivered, certain written instruments, not including those having a readily
ascertainable market value, shall be evaluated as follows:
     (a) The value of an instrument
constituting an evidence of debt, including, but not limited to, a check, draft
or promissory note, shall be considered the amount due or collectible thereon
or thereby.
     (b) The value of any other instrument
which creates, releases, discharges or otherwise affects any valuable legal
right, privilege or obligation shall be considered the greatest amount of
economic loss which the owner might reasonably suffer because of the loss of
the instrument.
     (3) The value of a gambling chip, token,
imitation currency or similar device is its face value.
     (4) When the value of property cannot
reasonably be ascertained, it shall be presumed to be an amount less than $50
in a case of theft, and less than $500 in any other case.
     (5) The value of single theft transactions
may be added together if the thefts were committed:
     (a) Against multiple victims by similar
means within a 30-day period; or
     (b) Against the same victim, or two or
more persons who are joint owners, within a 180-day period. [1971 c.743 §131;
1987 c.907 §6; 1993 c.680 §22; 1997 c.867 §18]
     Note: See note under 164.005.
     164.125
Theft of services. (1) A
person commits the crime of theft of services if:
     (a) With intent to avoid payment therefor,
the person obtains services that are available only for compensation, by force,
threat, deception or other means to avoid payment for the services; or
     (b) Having control over the disposition of
labor or of business, commercial or industrial equipment or facilities of
another, the person uses or diverts to the use of the person or a third person
such labor, equipment or facilities with intent to derive for the person or the
third person a commercial benefit to which the person or the third person is
not entitled.
     (2) As used in this section, “services”
includes, but is not limited to, labor, professional services, toll facilities,
transportation, communications service, entertainment, the supplying of food,
lodging or other accommodations in hotels, restaurants or elsewhere, the
supplying of equipment for use, and the supplying of commodities of a public
utility nature such as gas, electricity, steam and water. “Communication
service” includes, but is not limited to, use of telephone, computer and cable
television systems.
     (3) Absconding without payment or offer to
pay for hotel, restaurant or other services for which compensation is
customarily paid immediately upon the receiving of them is prima facie evidence
that the services were obtained with intent to avoid payment therefor.
Obtaining the use of any communication system the use of which is available
only for compensation, including but not limited to telephone, computer and
cable television systems, or obtaining the use of any services of a public
utility nature, without payment or offer to pay for such use is prima facie
evidence that the obtaining of the use of such system or the use of such
services was gained with intent to avoid payment therefor.
     (4) The value of single theft transactions
may be added together if the thefts were committed:
     (a) Against multiple victims by a similar
means within a 30-day period; or
     (b) Against the same victim, or two or
more persons who are joint owners, within a 180-day period.
     (5) Theft of services is:
     (a) A Class C misdemeanor if the aggregate
total value of services that are the subject of the theft is under $50;
     (b) A Class A misdemeanor if the aggregate
total value of services that are the subject of the theft is $50 or more but is
under $750;
     (c) A Class C felony if the aggregate
total value of services that are the subject of the theft is $750 or more; and
     (d) A Class B felony if the aggregate
total value of services that are the subject of the theft is $10,000 or more. [1971
c.743 §133; 1973 c.133 §1; 1985 c.537 §1; 1987 c.907 §8; 1993 c.680 §21]
     164.130
Application of ORS 164.125 to telephone or telegraph services; jurisdiction. (1) ORS 164.125 shall apply when the
telephone or telegraph communication involved either originates or terminates,
or both originates and terminates, in this state, or when the charges for
service would have been billable, in normal course, by a person providing
telephone or telegraph service in this state, but for the fact that the charge
for service was avoided, or attempted to be avoided by one or more of the means
set forth in ORS 164.125.
     (2) Jurisdiction of an offense under ORS
164.125 is in the jurisdictional territory where the telephone or telegraph
communication involved in the offense originates or where it terminates, or the
jurisdictional territory to which the bill for the service is sent or would
have been sent but for the fact that the service was obtained or attempted to
be obtained by one or more of the means set forth in ORS 164.125. [1973 c.133 §3]
     164.132
Unlawful distribution of cable television equipment. (1) A person commits the crime of unlawful
distribution of cable television equipment if the person knowingly
manufactures, imports into this state, distributes, sells, offers for sale,
rental or use, possesses for sale, rental or use, or advertises for sale,
rental or use, any device designed to make available the unauthorized reception
of cable television signals.
     (2) Unlawful distribution of cable
television equipment is a Class B misdemeanor. [1985 c.537 §3]
     164.135
Unauthorized use of a vehicle.
(1) A person commits the crime of unauthorized use of a vehicle when:
     (a) The person takes, operates, exercises
control over, rides in or otherwise uses anotherÂ’s vehicle, boat or aircraft
without consent of the owner;
     (b) Having custody of a vehicle, boat or
aircraft pursuant to an agreement between the person or another and the owner
thereof whereby the person or another is to perform for compensation a specific
service for the owner involving the maintenance, repair or use of such vehicle,
boat or aircraft, the person intentionally uses or operates it, without consent
of the owner, for the personÂ’s own purpose in a manner constituting a gross
deviation from the agreed purpose; or
     (c) Having custody of a vehicle, boat or
aircraft pursuant to an agreement with the owner thereof whereby such vehicle,
boat or aircraft is to be returned to the owner at a specified time, the person
knowingly retains or withholds possession thereof without consent of the owner
for so lengthy a period beyond the specified time as to render such retention
or possession a gross deviation from the agreement.
     (2) Unauthorized use of a vehicle, boat or
aircraft is a Class C felony.
     (3) Subsection (1)(a) of this section does
not apply to a person who rides in or otherwise uses a public transit vehicle,
as defined in ORS 166.116, if the vehicle is being operated by an authorized
operator within the scope of the operator’s employment. [1971 c.743 §134; 2001
c.851 §1; 2007 c.71 §50]
     164.138
Criminal possession of a rented or leased motor vehicle. (1) A person commits the offense of criminal
possession of a rented or leased motor vehicle if:
     (a) After renting a motor vehicle from a
commercial renter of motor vehicles under a written agreement that provides for
the return of the motor vehicle to a particular place at a particular time, the
person fails to return the motor vehicle as specified, is thereafter served in
accordance with subsection (2) of this section with a written demand to return
the motor vehicle and knowingly fails to return the motor vehicle within three
calendar days from the date of the receipt or refusal of the demand; or
     (b) After leasing a motor vehicle from a
commercial lessor of motor vehicles under a written agreement that provides for
periodic lease payments, the person fails to pay the lessor a periodic payment
when due for a period of 45 days, is thereafter served with a written demand to
return the motor vehicle in accordance with subsection (2) of this section and
knowingly fails to return the motor vehicle within three calendar days from the
date of the receipt or refusal of the demand.
     (2)(a) Service of written demand under
this section shall be accomplished by delivery through any commercial overnight
service that can supply a delivery receipt. The demand shall be sent to the
person who obtained the motor vehicle by rental or lease at the address stated
in the rental or lease agreement and any other address of the person provided
by the person to the renter or lessor. The person is responsible for providing
correct current address information to the renter or lessor until the motor
vehicle is returned.
     (b) The person shall be considered to have
refused the written demand if the commercial delivery service determines that
the demand is not deliverable to the person at the address or addresses
provided by the person.
     (3) A bona fide contract dispute with the
lessor or renter shall be an affirmative defense to a charge of criminal
possession of a rented or leased motor vehicle.
     (4) Criminal possession of a rented or
leased motor vehicle is a Class C felony. [2007 c.684 §1]
     Note: 164.138 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 164 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     164.140
Criminal possession of rented or leased personal property. (1) A person is guilty of criminal
possession of rented or leased personal property if:
     (a) After renting an item of personal
property from a commercial renter of personal property under a written
agreement which provides for the return of the item to a particular place at a
particular time, the person fails to return the item as specified, is
thereafter served by mail with a written demand to return the item, and
knowingly fails to return the item within 10 business days from the date of
mailing of the demand; or
     (b) After leasing an item of personal
property from a commercial lessor of personal property under a written
agreement which provides for periodic lease payments, the person fails to pay
the lessor a periodic payment when due for a period of 45 days, is thereafter
served by mail with a written demand to return the item, and knowingly fails to
return the item within 10 business days from the date of mailing of the demand.
     (2) Service of written demand under this
section shall be accomplished by certified mail sent to the person who obtained
the item of personal property by rental or lease, sent to the address stated in
the rental or lease agreement and any other address of the person provided by
the person to the renter or lessor. The person is responsible for providing
correct current address information to the renter or lessor until the item of
personal property is returned.
     (3) A bona fide contract dispute with the
lessor or renter shall be an affirmative defense to a charge of criminal
possession of rented or leased personal property.
     (4) For purposes of this section, the
value of property shall be ascertained as provided in ORS 164.115. Criminal
possession of rented or leased personal property is:
     (a) A Class A misdemeanor if the aggregate
total value of the personal property not returned is under $500.
     (b) A Class C felony if the aggregate
total value of the personal property not returned is $500 or more. [1979 c.476 §3;
1987 c.907 §9]
MAIL-RELATED
OFFENSES
     164.160
Definitions. As used in this
section and ORS 164.162:
     (1) “Authorized depository” means a
mailbox, post office box or rural box used by postal customers to deposit
outgoing mail or used by the Postal Service to deliver incoming mail.
     (2) “Mail” means any letter, card, parcel
or other material that:
     (a) Is sent or delivered by means of the
Postal Service;
     (b) Has postage affixed by the postal
customer or Postal Service or has been accepted for delivery by the Postal
Service; and
     (c) Is placed in any authorized depository
or mail receptacle or given to any Postal Service employee for delivery.
     (3) “Mail receptacle” means any location
used by the Postal Service or postal customers to place outgoing mail or
receive incoming mail.
     (4) “Postage” means a Postal Service
stamp, permit imprint, meter strip or other authorized indication of prepayment
for service provided or authorized by the Postal Service for collection and
delivery of mail.
     (5) “Postal Service” means the United
States Postal Service. [1999 c.920 §1]
     Note: 164.160, 164.162 and 164.164 were enacted
into law by the Legislative Assembly but were not added to or made a part of
ORS chapter 164 or any series therein by legislative action. See Preface to
Oregon Revised Statutes for further explanation.
     164.162
Mail theft or receipt of stolen mail. (1) A person commits the crime of mail theft or receipt of stolen mail
if the person intentionally:
     (a) Takes or, by fraud or deception,
obtains mail from a post office, postal station, mail receptacle, authorized
depository or mail carrier;
     (b) Takes from mail any article contained
therein;
     (c) Secretes, embezzles or destroys mail
or any article contained therein;
     (d) Takes or, by fraud or deception,
obtains mail that has been delivered to or left for collection on or adjacent
to a mail receptacle or authorized depository; or
     (e) Buys, receives, conceals or possesses
mail or any article contained therein knowing that the mail or article has been
unlawfully taken or obtained.
     (2) Mail theft or receipt of stolen mail
is a Class A misdemeanor. [1999 c.920 §2]
     Note: See note under 164.160.
     164.164
Defense in prosecution under ORS 164.162; applicability of ORS 164.162. (1) In a prosecution under ORS 164.162, it
is a defense that the defendant acted under an honest claim of right in that:
     (a) The defendant was unaware that the
property was that of another person;
     (b) The defendant reasonably believed that
the defendant was entitled to the property involved or had a right to acquire
or dispose of it as the defendant did; or
     (c) The property involved was that of the
defendantÂ’s spouse, unless the parties were not living together as husband and
wife and were living in separate abodes at the time of the alleged offense.
     (2)(a) ORS 164.162 does not apply to
employees charged with the operation of facilities listed in paragraph (b) of
this subsection when the employees are carrying out their official duties to
protect the safety and security of the facilities.
     (b) The facilities to which paragraph (a)
of this subsection applies are juvenile detention facilities and local
correctional facilities as defined in ORS 169.005, detention facilities as
defined in ORS 419A.004, youth correction facilities as defined in ORS 420.005
and Department of Corrections institutions as defined in ORS 421.005. [1999
c.920 §3]
     Note: See note under 164.160.
MONEY
LAUNDERING
     164.170
Laundering a monetary instrument. (1) A person commits the crime of laundering a monetary instrument if
the person:
     (a) Knowing that the property involved in
a financial transaction represents the proceeds of some form, though not
necessarily which form, of unlawful activity, conducts or attempts to conduct a
financial transaction that involves the proceeds of unlawful activity:
     (A) With the intent to promote the
carrying on of unlawful activity; or
     (B) Knowing that the transaction is
designed in whole or in part to:
     (i) Conceal or disguise the nature,
location, source, ownership or control of the proceeds of unlawful activity; or
     (ii) Avoid a transaction reporting
requirement under federal law;
     (b) Transports, transmits or transfers or
attempts to transport, transmit or transfer a monetary instrument or funds:
     (A) With the intent to promote the
carrying on of unlawful activity; or
     (B) Knowing that the monetary instrument
or funds involved in the transportation, transmission or transfer represent the
proceeds of some form, though not necessarily which form, of unlawful activity
and knowing that the transportation, transmission or transfer is designed, in
whole or in part, to:
     (i) Conceal or disguise the nature,
location, source, ownership or control of the proceeds of unlawful activity; or
     (ii) Avoid a transaction reporting
requirement under federal law; or
     (c) Intentionally conducts or attempts to
conduct a financial transaction involving property represented to be the
proceeds of unlawful activity or property used to conduct or facilitate
unlawful activity to:
     (A) Promote the carrying on of unlawful
activity;
     (B) Conceal or disguise the nature,
location, source, ownership or control of property believed to be the proceeds
of unlawful activity; or
     (C) Avoid a transaction reporting
requirement under federal law.
     (2)(a) Laundering a monetary instrument is
a Class B felony.
     (b) In addition to any other sentence of
imprisonment or fine that a court may impose and notwithstanding ORS 161.625, a
court may include in the sentence of a person convicted under this section a
fine in an amount equal to the value of the property, funds or monetary
instruments involved in the unlawful transaction.
     (3) For purposes of subsection (1)(b)(B)
of this section, the state may establish the defendantÂ’s knowledge through
evidence that a peace officer, federal officer or another person acting at the
direction of or with the approval of a peace officer or federal officer
represented the matter specified in subsection (1)(b)(B) of this section as
true and the defendantÂ’s subsequent statements or actions indicate that the
defendant believed the representations to be true.
     (4) For purposes of subsection (1)(c) of
this section, “represented” includes, but is not limited to, any representation
made by a peace officer, federal officer or another person acting at the direction
of or with the approval of a peace officer or federal officer.
     (5) As used in this section:
     (a) “Conducts” includes initiating,
concluding or participating in the initiation or conclusion of a transaction.
     (b) “Federal officer” has the meaning given
that term in ORS 133.005.
     (c) “Financial institution” has the
meaning given that term in ORS 706.008.
     (d) “Financial transaction” means a
transaction involving:
     (A) The movement of funds by wire or other
means;
     (B) One or more monetary instruments;
     (C) The transfer of title to any real
property, vehicle, vessel or aircraft; or
     (D) The use of a financial institution.
     (e) “Monetary instrument” means:
     (A) Coin or currency of the United States
or of any other country, travelerÂ’s checks, personal checks, bank checks,
cashierÂ’s checks, money orders, foreign bank drafts of any foreign country or
gold, silver or platinum bullion or coins; or
     (B) Investment securities or negotiable
instruments, in bearer form or otherwise in such form that title passes upon
delivery.
     (f) “Peace officer” has the meaning given
that term in ORS 133.005.
     (g) “Transaction” includes a purchase,
sale, loan, pledge, gift, transfer, delivery or other disposition and, with
respect to a financial institution, includes a deposit, withdrawal, transfer
between accounts, exchange of currency, loan, extension of credit, purchase or
sale of any stock, bond, certificate of deposit or other monetary instrument,
use of a safe deposit box or any other payment, transfer or delivery by, through
or to a financial institution by whatever means.
     (h) “Unlawful activity” means any act
constituting a felony under state, federal or foreign law. [1999 c.878 §1]
     Note: 164.170, 164.172 and 164.174 were enacted
into law by the Legislative Assembly but were not added to or made a part of
ORS chapter 164 or any series therein by legislative action. See Preface to
Oregon Revised Statutes for further explanation.
     164.172
Engaging in a financial transaction in property derived from unlawful activity. (1) A person commits the crime of engaging
in a financial transaction in property derived from unlawful activity if the
person knowingly engages in or attempts to engage in a financial transaction in
property that:
     (a) Constitutes, or is derived from, the
proceeds of unlawful activity;
     (b) Is of a value greater than $10,000;
and
     (c) The person knows is derived from or
represents the proceeds of some form, though not necessarily which form, of
unlawful activity.
     (2)(a) Engaging in a financial transaction
in property derived from unlawful activity is a Class C felony.
     (b) In addition to any other sentence of
imprisonment or fine that a court may impose and notwithstanding ORS 161.625, a
court may include in the sentence of a person convicted under this section a
fine in an amount equal to the value of the property involved in the unlawful
transaction.
     (3) As used in this section:
     (a) “Financial transaction” has the
meaning given that term in ORS 164.170. “Financial transaction” does not
include any transaction necessary to preserve a personÂ’s right to
representation as guaranteed by section 11, Article I of the Oregon
Constitution, and the Sixth Amendment to the United States Constitution.
     (b) “Unlawful activity” has the meaning
given that term in ORS 164.170. [1999 c.878 §2]
     Note: See note under 164.170.
     164.174
Exceptions. Nothing in ORS
164.170 or 164.172 or the amendments to ORS 166.715 by section 4, chapter 878,
Oregon Laws 1999, is intended to allow the prosecution of a corporation,
business, partnership, limited liability company, limited liability partnership
or any similar entity, or an employee or agent of such an entity, that makes a
good faith effort to comply with federal and state laws governing the entity. [1999
c.878 §3]
     Note: See note under 164.170.
BURGLARY AND
CRIMINAL TRESPASS
     164.205
Definitions for ORS 164.205 to 164.270. As used in ORS 164.205 to 164.270, except as the context requires
otherwise:
     (1) “Building,” in addition to its
ordinary meaning, includes any booth, vehicle, boat, aircraft or other
structure adapted for overnight accommodation of persons or for carrying on
business therein. Where a building consists of separate units, including, but
not limited to, separate apartments, offices or rented rooms, each unit is, in
addition to being a part of such building, a separate building.
     (2) “Dwelling” means a building which
regularly or intermittently is occupied by a person lodging therein at night,
whether or not a person is actually present.
     (3) “Enter or remain unlawfully” means:
     (a) To enter or remain in or upon premises
when the premises, at the time of such entry or remaining, are not open to the
public or when the entrant is not otherwise licensed or privileged to do so;
     (b) To fail to leave premises that are
open to the public after being lawfully directed to do so by the person in
charge;
     (c) To enter premises that are open to the
public after being lawfully directed not to enter the premises; or
     (d) To enter or remain in a motor vehicle
when the entrant is not authorized to do so.
     (4) “Open to the public” means premises
which by their physical nature, function, custom, usage, notice or lack thereof
or other circumstances at the time would cause a reasonable person to believe
that no permission to enter or remain is required.
     (5) “Person in charge” means a person, a
representative or employee of the person who has lawful control of premises by
ownership, tenancy, official position or other legal relationship. “Person in
charge” includes, but is not limited to the person, or holder of a position,
designated as the person or position-holder in charge by the Governor, board,
commission or governing body of any political subdivision of this state.
     (6) “Premises” includes any building and
any real property, whether privately or publicly owned. [1971 c.743 §135; 1983
c.740 §33; 1999 c.1040 §10; 2003 c.444 §1]
     164.210 [Repealed by 1971 c.743 §432]
     164.215
Burglary in the second degree.
(1) Except as otherwise provided in ORS 164.255, a person commits the crime of
burglary in the second degree if the person enters or remains unlawfully in a
building with intent to commit a crime therein.
     (2) Burglary in the second degree is a
Class C felony. [1971 c.743 §136; 1993 c.680 §24]
     164.220 [Repealed by 1971 c.743 §432]
     164.225
Burglary in the first degree.
(1) A person commits the crime of burglary in the first degree if the person
violates ORS 164.215 and the building is a dwelling, or if in effecting entry
or while in a building or in immediate flight therefrom the person:
     (a) Is armed with a burglary tool or theft
device as defined in ORS 164.235 or a deadly weapon;
     (b) Causes or attempts to cause physical
injury to any person; or
     (c) Uses or threatens to use a dangerous
weapon.
     (2) Burglary in the first degree is a
Class A felony. [1971 c.743 §137; 2003 c.577 §10]
     164.230 [Repealed by 1971 c.743 §432]
     164.235
Possession of a burglary tool or theft device. (1) A person commits the crime of possession
of a burglary tool or theft device if the person possesses a burglary tool or
theft device and the person:
     (a) Intends to use the tool or device to
commit or facilitate a forcible entry into premises or a theft by a physical
taking; or
     (b) Knows that another person intends to
use the tool or device to commit or facilitate a forcible entry into premises
or a theft by a physical taking.
     (2) For purposes of this section, “burglary
tool or theft device” means an acetylene torch, electric arc, burning bar,
thermal lance, oxygen lance or other similar device capable of burning through
steel, concrete or other solid material, or nitroglycerine, dynamite, gunpowder
or any other explosive, tool, instrument or other article adapted or designed
for committing or facilitating a forcible entry into premises or theft by a
physical taking.
     (3) Possession of a burglary tool or theft
device is a Class A misdemeanor. [1971 c.743 §138; 1999 c.1040 §13; 2003 c.577 §9]
     164.240 [Amended by 1959 c.99 §1; repealed by 1971
c.743 §432]
     164.243
Criminal trespass in the second degree by a guest. A guest commits the crime of criminal
trespass in the second degree if that guest intentionally remains unlawfully in
a transient lodging after the departure date of the guestÂ’s reservation without
the approval of the hotelkeeper. “Guest” means a person who is registered at a
hotel and is assigned to transient lodging, and includes any individual
accompanying the person. [1979 c.856 §2]
     164.245
Criminal trespass in the second degree. (1) A person commits the crime of criminal trespass in the second degree
if the person enters or remains unlawfully in a motor vehicle or in or upon
premises.
     (2) Criminal trespass in the second degree
is a Class C misdemeanor. [1971 c.743 §139; 1999 c.1040 §9]
     164.250 [Repealed by 1971 c.743 §432]
     164.255
Criminal trespass in the first degree. (1) A person commits the crime of criminal trespass in the first
degree if the person:
     (a) Enters or remains unlawfully in a
dwelling;
     (b) Having been denied future entry to a
building pursuant to a merchantÂ’s notice of trespass, reenters the building
during hours when the building is open to the public with the intent to commit
theft therein;
     (c) Enters or remains unlawfully upon
railroad yards, tracks, bridges or rights of way; or
     (d) Enters or remains unlawfully in or upon
premises that have been determined to be not fit for use under ORS 453.855 to
453.912.
     (2) Subsection (1)(d) of this section does
not apply to the owner of record of the premises if:
     (a) The owner notifies the law enforcement
agency having jurisdiction over the premises that the owner intends to enter
the premises;
     (b) The owner enters or remains on the
premises for the purpose of inspecting or decontaminating the premises or
lawfully removing items from the premises; and
     (c) The owner has not been arrested for,
charged with or convicted of a criminal offense that contributed to the
determination that the premises are not fit for use.
     (3) Criminal trespass in the first degree
is a Class A misdemeanor. [1971 c.743 §140; 1993 c.680 §23; 1999 c.837 §1; 2001
c.386 §1; 2003 c.527 §1]
     164.260 [Repealed by 1971 c.743 §432]
     164.265
Criminal trespass while in possession of firearm. (1) A person commits the crime of criminal
trespass while in possession of a firearm who, while in possession of a
firearm, enters or remains unlawfully in or upon premises.
     (2) Criminal trespass while in possession
of a firearm is a Class A misdemeanor. [1979 c.603 §2]
     164.270
Closure of premises to motor-propelled vehicles. (1) For purposes of ORS 164.245, a landowner
or an agent of the landowner may close the privately owned premises of the
landowner to motor-propelled vehicles by posting signs on or near the
boundaries of the closed premises at the normal points of entry as follows:
     (a) Signs must be no smaller than eight inches
in height and 11 inches in width;
     (b) Signs must contain the words “Closed
to Motor-propelled Vehicles” or words to that effect in letters no less than
one inch in height;
     (c) Signs must display the name, business
address and phone number, if any, of the landowner or agent of the landowner;
and
     (d) Signs must be posted at normal points
of entry and be no further apart than 350 yards.
     (2) A person violates ORS 164.245 if the
person operates or rides upon or within a motor-propelled vehicle upon privately
owned premises when the premises are posted as provided in this section and the
person does not have written authorization to operate a motor-propelled vehicle
upon the premises.
     (3) Nothing contained in this section
prevents emergency or law enforcement vehicles from entering upon land closed
to motor-propelled vehicles. [1981 c.394 §2]
     164.272
Unlawful entry into motor vehicle. (1) A person commits the crime of unlawful entry into a motor vehicle
if the person enters a motor vehicle, or any part of a motor vehicle, with the
intent to commit a crime.
     (2) Unlawful entry into a motor vehicle is
a Class A misdemeanor.
     (3) As used in this section, “enters”
includes, but is not limited to, inserting:
     (a) Any part of the body; or
     (b) Any object connected with the body. [1995
c.782 §1]
     Note: 164.272 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 164 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     164.274
Definitions for ORS 164.276 and 164.278. As used in ORS 164.276 and 164.278:
     (1) “Coach” means a person who instructs
or trains members of a team or directs the strategy of a team participating in
a sports event.
     (2) “Inappropriate behavior” means:
     (a) Engaging in fighting or in violent,
tumultuous or threatening behavior;
     (b) Violating the rules of conduct
governing coaches, team players and spectators at a sports event;
     (c) Publicly insulting another person by
abusive words or gestures in a manner intended to provoke a violent response;
or
     (d) Intentionally subjecting another
person to offensive physical contact.
     (3) “Premises” has the meaning given that
term in ORS 164.205.
     (4) “Spectator” means any person, other
than a team player or coach, who attends a sports event.
     (5) “Sports official” has the meaning
given that term in ORS 30.882. [2003 c.629 §1]
     Note: 164.274 to 164.278 were enacted into law by
the Legislative Assembly but were not added to or made a part of ORS chapter
164 or any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     164.276
Authority of sports official to expel persons from sports event. A sports official may order a coach, team
player or spectator to leave the premises at which a sports event is taking
place and at which the sports official is officiating if the coach, team player
or spectator is engaging in inappropriate behavior. [2003 c.629 §2]
     Note: See note under 164.274.
     164.278
Criminal trespass at sports event. (1) A person commits the crime of criminal trespass at a sports event
if the person:
     (a) Is a coach, team player or spectator
at a sports event;
     (b) Engages in inappropriate behavior;
     (c) Has been ordered by a sports official
to leave the premises at which the sports event is taking place; and
     (d) Fails to leave the premises or returns
to the premises during the period of time when reentry has been prohibited.
     (2) Criminal trespass at a sports event is
a Class C misdemeanor. [2003 c.629 §3]
     Note: See note under 164.274.
DEFINITIONS
FOR ARSON, CRIMINAL MISCHIEF AND RELATED OFFENSES
     164.305
Definitions for ORS 164.305 to 164.377. As used in ORS 164.305 to 164.377, except as the context requires
otherwise:
     (1) “Protected property” means any
structure, place or thing customarily occupied by people, including “public
buildings” as defined by ORS 479.168 and “forestland,” as defined by ORS
477.001.
     (2) “Property of another” means property
in which anyone other than the actor has a legal or equitable interest that the
actor has no right to defeat or impair, even though the actor may also have
such an interest in the property. [1971 c.743 §141; 1977 c.640 §1; 1989 c.584 §1;
2003 c.543 §1]
     164.310 [Amended by 1957 c.653 §1; 1959 c.302 §2;
repealed by 1971 c.743 §432]
ARSON AND
RELATED OFFENSES
     164.315
Arson in the second degree.
(1) A person commits the crime of arson in the second degree if:
     (a) By starting a fire or causing an
explosion, the person intentionally damages:
     (A) Any building of another that is not
protected property; or
     (B) Any property of another and the
damages to the property exceed $750; or
     (b) By knowingly engaging in the
manufacture of methamphetamine, the person causes fire or causes an explosion
that damages property described in paragraph (a) of this subsection.
     (2) Arson in the second degree is a Class
C felony. [1971 c.743 §143; 2001 c.432 §1; 2005 c.706 §3]
     164.320 [Amended by 1959 c.77 §1; repealed by 1971
c.743 §432]
     164.325
Arson in the first degree.
(1) A person commits the crime of arson in the first degree if:
     (a) By starting a fire or causing an
explosion, the person intentionally damages:
     (A) Protected property of another;
     (B) Any property, whether the property of
the person or the property of another person, and such act recklessly places
another person in danger of physical injury or protected property of another in
danger of damage; or
     (C) Any property, whether the property of
the person or the property of another person, and recklessly causes serious
physical injury to a firefighter or peace officer acting in the line of duty
relating to the fire; or
     (b) By knowingly engaging in the
manufacture of methamphetamine, the person causes fire or causes an explosion
that damages property described in paragraph (a) of this subsection.
     (2) Arson in the first degree is a Class A
felony. [1971 c.743 §144; 1991 c.946 §1; 2005 c.706 §4]
     164.330 [Repealed by 1971 c.743 §432]
     164.335
Reckless burning. (1) A
person commits the crime of reckless burning if the person recklessly damages
property of another by fire or explosion.
     (2) Reckless burning is a Class A
misdemeanor. [1971 c.743 §142]
     164.340 [Repealed by 1971 c.743 §432]
CRIMINAL
MISCHIEF AND RELATED OFFENSES
     164.345
Criminal mischief in the third degree. (1) A person commits the crime of criminal mischief in the third
degree if, with intent to cause substantial inconvenience to the owner or to
another person, and having no right to do so nor reasonable ground to believe
that the person has such right, the person tampers or interferes with property
of another.
     (2) Criminal mischief in the third degree
is a Class C misdemeanor. [1971 c.743 §145]
     164.350 [Repealed by 1971 c.743 §432]
     164.354
Criminal mischief in the second degree. (1) A person commits the crime of criminal mischief in the second
degree if:
     (a) The person violates ORS 164.345, and
as a result thereof, damages property in an amount exceeding $100; or
     (b) Having no right to do so nor
reasonable ground to believe that the person has such right, the person
intentionally damages property of another, or, the person recklessly damages
property of another in an amount exceeding $100.
     (2) Criminal mischief in the second degree
is a Class A misdemeanor. [1971 c.743 §146]
     164.355 [1967 c.378 §§1,2,3,4; 1969 c.287 §1;
repealed by 1971 c.743 §432]
     164.360 [Repealed by 1971 c.743 §432]
     164.362 [1957 c.714 §§1,6(1); repealed by 1971 c.743
§432]
     164.364 [1957 c.714 §§4,5; repealed by 1971 c.743 §432]
     164.365
Criminal mischief in the first degree. (1) A person commits the crime of criminal mischief in the first
degree who, with intent to damage property, and having no right to do so nor
reasonable ground to believe that the person has such right:
     (a) Damages or destroys property of
another:
     (A) In an amount exceeding $750;
     (B) By means of an explosive;
     (C) By starting a fire in an institution
while the person is committed to and confined in the institution;
     (D) Which is a livestock animal as defined
in ORS 164.055;
     (E) Which is the property of a public
utility, telecommunications carrier, railroad, public transportation facility
or medical facility used in direct service to the public; or
     (F) By intentionally interfering with,
obstructing or adulterating in any manner the service of a public utility,
telecommunications carrier, railroad, public transportation facility or medical
facility; or
     (b) Intentionally uses, manipulates,
arranges or rearranges the property of a public utility, telecommunications
carrier, railroad, public transportation facility or medical facility used in
direct service to the public so as to interfere with its efficiency.
     (2) As used in subsection (1) of this
section:
     (a) “Institution” includes state and local
correctional facilities, mental health facilities, juvenile detention
facilities and state training schools.
     (b) “Medical facility” means a health care
facility as defined in ORS 442.015, a licensed physicianÂ’s office or anywhere a
licensed medical practitioner provides health care services.
     (c) “Public utility” has the meaning
provided for that term in ORS 757.005 and includes any cooperative, peopleÂ’s
utility district or other municipal corporation providing an electric, gas,
water or other utility service.
     (d) “Railroad” has the meaning provided
for that term in ORS 824.020.
     (e) “Public transportation facility” means
any property, structure or equipment used for or in connection with the
transportation of persons for hire by rail, air or bus, including any railroad
cars, buses or airplanes used to carry out such transportation.
     (f) “Telecommunications carrier” has the
meaning given that term in ORS 133.721.
     (3) Criminal mischief in the first degree
is a Class C felony. [1971 c.743 §147; 1973 c.133 §6; 1975 c.344 §1; 1979 c.805
§1; 1983 c.740 §33a; 1987 c.447 §104; 1987 c.907 §10; 1989 c.584 §2; 1991 c.837
§13; 1991 c.946 §2; 1993 c.94 §1; 1993 c.332 §3; 1999 c.1040 §11; 1999 c.1093 §2;
2003 c.543 §4]
     164.366 [1957 c.714 §§2,6(2); repealed by 1971 c.743
§432]
     164.367
Determining value of damage; aggregation. For purposes of ORS 164.345, 164.354 and 164.365, the value of damage
done during single incidents of criminal mischief may be added together if the
incidents of criminal mischief were committed:
     (1) Against multiple victims in the same
course of conduct; or
     (2) Against the same victim, or two or
more persons who are joint owners, within a 30-day period. [1999 c.1040 §12]
     Note: 164.367 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 164 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     164.368 [1957 c.714 §3; repealed by 1971 c.743 §432]
     164.369 [1989 c.584 §4; 2003 c.543 §5; renumbered
167.337 in 2003]
     164.370 [Repealed by 1971 c.743 §432]
     164.373
Tampering with cable television equipment. (1) A person commits the crime of tampering with cable television
equipment if the person:
     (a) Knowingly tampers or otherwise
interferes with or connects to by any means, whether mechanical, electrical,
acoustical or other means, any cable, wire or other device used for the
distribution of cable television service, without authority of the provider of
such service; or
     (b) Knowingly permits another person to
tamper or otherwise interfere with, or connect to by any means, whether
mechanical, electrical, acoustical or other means, any cable, wire or other
device used for the distribution of cable television service, such tampering,
interfering or connecting being upon premises under the control of such first
person or intended for the benefit of such first person, without authority of
the provider of such service.
     (2) Tampering with cable television
equipment is a Class B misdemeanor. [1985 c.537 §5]
     164.377
Computer crime. (1) As used
in this section:
     (a) To “access” means to instruct,
communicate with, store data in, retrieve data from or otherwise make use of
any resources of a computer, computer system or computer network.
     (b) “Computer” means, but is not limited
to, an electronic, magnetic, optical electrochemical or other high-speed data
processing device that performs logical, arithmetic or memory functions by the
manipulations of electronic, magnetic or optical signals or impulses, and
includes the components of a computer and all input, output, processing,
storage, software or communication facilities that are connected or related to
such a device in a system or network.
     (c) “Computer network” means, but is not
limited to, the interconnection of communication lines, including microwave or
other means of electronic communication, with a computer through remote
terminals or a complex consisting of two or more interconnected computers.
     (d) “Computer program” means, but is not
limited to, a series of instructions or statements, in a form acceptable to a
computer, which permits the functioning of a computer system in a manner
designed to provide appropriate products from or usage of such computer system.
     (e) “Computer software” means, but is not
limited to, computer programs, procedures and associated documentation
concerned with the operation of a computer system.
     (f) “Computer system” means, but is not
limited to, a set of related, connected or unconnected, computer equipment,
devices and software. “Computer system” also includes any computer, device or
software owned or operated by the Oregon State Lottery or rented, owned or
operated by another person or entity under contract to or at the direction of
the Oregon State Lottery.
     (g) “Data” means a representation of
information, knowledge, facts, concepts, computer software, computer programs
or instructions. “Data” may be in any form, in storage media, or as stored in
the memory of the computer, or in transit, or presented on a display device. “Data”
includes, but is not limited to, computer or human readable forms of numbers,
text, stored voice, graphics and images.
     (h) “Property” includes, but is not
limited to, financial instruments, information, including electronically
produced data, and computer software and programs in either computer or human
readable form, intellectual property and any other tangible or intangible item
of value.
     (i) “Proprietary information” includes any
scientific, technical or commercial information including any design, process,
procedure, list of customers, list of suppliers, customersÂ’ records or business
code or improvement thereof that is known only to limited individuals within an
organization and is used in a business that the organization conducts. The
information must have actual or potential commercial value and give the user of
the information an opportunity to obtain a business advantage over competitors
who do not know or use the information.
     (j) “Services” include, but are not
limited to, computer time, data processing and storage functions.
     (2) Any person commits computer crime who
knowingly accesses, attempts to access or uses, or attempts to use, any
computer, computer system, computer network or any part thereof for the purpose
of:
     (a) Devising or executing any scheme or
artifice to defraud;
     (b) Obtaining money, property or services
by means of false or fraudulent pretenses, representations or promises; or
     (c) Committing theft, including, but not
limited to, theft of proprietary information.
     (3) Any person who knowingly and without
authorization alters, damages or destroys any computer, computer system,
computer network, or any computer software, program, documentation or data
contained in such computer, computer system or computer network, commits
computer crime.
     (4) Any person who knowingly and without
authorization uses, accesses or attempts to access any computer, computer
system, computer network, or any computer software, program, documentation or
data contained in such computer, computer system or computer network, commits
computer crime.
     (5)(a) A violation of the provisions of
subsection (2) or (3) of this section shall be a Class C felony. Except as
provided in paragraph (b) of this subsection, a violation of the provisions of
subsection (4) of this section shall be a Class A misdemeanor.
     (b) Any violation of this section relating
to a computer, computer network, computer program, computer software, computer
system or data owned or operated by the Oregon State Lottery or rented, owned
or operated by another person or entity under contract to or at the direction
of the Oregon State Lottery Commission shall be a Class C felony. [1985 c.537 §8;
1989 c.737 §1; 1991 c.962 §17; 2001 c.870 §18]
     164.380 [Repealed by 1971 c.743 §432]
GRAFFITI-RELATED
OFFENSES
     164.381
Definitions. As used in ORS
137.131, 164.381 to 164.386 and 419C.461:
     (1) “Graffiti” means any inscriptions,
words, figures or designs that are marked, etched, scratched, drawn, painted,
pasted or otherwise affixed to the surface of property.
     (2) “Graffiti implement” means paint, ink,
chalk, dye or other substance or any instrument or article designed or adapted
for spraying, marking, etching, scratching or carving surfaces. [1995 c.615 §1]
     Note: 164.381 to 164.388 were enacted into law by
the Legislative Assembly but were not added to or made a part of ORS chapter
164 or any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     164.383
Unlawfully applying graffiti.
(1) A person commits the offense of unlawfully applying graffiti if the person,
having no right to do so nor reasonable ground to believe that the person has
such right, intentionally damages property of another by applying graffiti to
the property.
     (2) Unlawfully applying graffiti is a
Class A violation. Upon a conviction for unlawfully applying graffiti, a court,
in addition to any fine it imposes and pursuant to ORS 137.128 but
notwithstanding ORS 137.129, may order the defendant to perform up to 100 hours
of community service. The community service must include removing graffiti,
either those that the defendant created or those created by another, or both.
     (3) If the court orders community service,
the community service must be completed within six months after entry of the
order unless the person shows good cause why community service cannot be
completed within the six-month time period. [1995 c.615 §2; 1999 c.1051 §156]
     Note: See note under 164.381.
     164.385 [1967 c.243 §1; repealed by 1971 c.743 §432]
     164.386
Unlawfully possessing graffiti implement. (1) A person commits the offense of unlawfully possessing a graffiti
implement if the person possesses a graffiti implement with the intent of using
the graffiti implement in violation of ORS 164.383.
     (2) Unlawfully possessing a graffiti implement
is a Class C violation. Upon a conviction for unlawfully possessing a graffiti
implement, a court, in addition to any fine it imposes and pursuant to ORS
137.128 but notwithstanding ORS 137.129, may order the defendant to perform up
to 50 hours of community service. The community service must include removing
graffiti, either those that the defendant created or those created by another,
or both.
     (3) If the court orders community service,
the community service must be completed within six months after entry of the
order unless the person shows good cause why community service cannot be
completed within the six-month time period. [1995 c.615 §3; 1999 c.1051 §157]
     Note: See note under 164.381.
     164.388
Preemption. The provisions
of ORS 137.131, 164.381 to 164.386 and 419C.461 are not intended to preempt any
local regulation of graffiti or graffiti-related activities or any prosecution
under ORS 164.345, 164.354 or 164.365. [1995 c.615 §7; 1999 c.1040 §6]
     Note: See note under 164.381.
     164.390 [1959 c.626 §§1,4; repealed by 1971 c.743 §432]
     164.392 [1959 c.626 §§2,3; repealed by 1971 c.743 §432]
ROBBERY
     164.395
Robbery in the third degree.
(1) A person commits the crime of robbery in the third degree if in the course
of committing or attempting to commit theft or unauthorized use of a vehicle as
defined in ORS 164.135 the person uses or threatens the immediate use of
physical force upon another person with the intent of:
     (a) Preventing or overcoming resistance to
the taking of the property or to retention thereof immediately after the
taking; or
     (b) Compelling the owner of such property
or another person to deliver the property or to engage in other conduct which
might aid in the commission of the theft or unauthorized use of a vehicle.
     (2) Robbery in the third degree is a Class
C felony. [1971 c.743 §148; 2003 c.357 §1]
     164.405
Robbery in the second degree.
(1) A person commits the crime of robbery in the second degree if the person
violates ORS 164.395 and the person:
     (a) Represents by word or conduct that the
person is armed with what purports to be a dangerous or deadly weapon; or
     (b) Is aided by another person actually
present.
     (2) Robbery in the second degree is a
Class B felony. [1971 c.743 §149]
     164.410 [Repealed by 1971 c.743 §432]
     164.415
Robbery in the first degree.
(1) A person commits the crime of robbery in the first degree if the person
violates ORS 164.395 and the person:
     (a) Is armed with a deadly weapon;
     (b) Uses or attempts to use a dangerous
weapon; or
     (c) Causes or attempts to cause serious
physical injury to any person.
     (2) Robbery in the first degree is a Class
A felony. [1971 c.743 §150; 2007 c.71 §51]
     164.420 [Repealed by 1971 c.743 §432]
     164.430 [Repealed by 1971 c.743 §432]
     164.440 [Amended by 1969 c.511 §1; repealed by 1971
c.404 §8 and by 1971 c.743 §432]
     164.450 [Repealed by 1971 c.743 §432]
     164.452 [1965 c.100 §300; repealed by 1971 c.743 §432]
     164.455 [1953 c.535 §1; 1959 c.687 §2; 1965 c.453 §1;
repealed by 1971 c.743 §432]
     164.460 [Amended by 1957 c.470 §1; 1959 c.530 §2;
1969 c.501 §3; repealed by 1971 c.743 §432]
     164.462 [1963 c.552 §§1,2; 1965 c.450 §1; repealed
by 1971 c.743 §432]
     164.465 [1953 c.430 §1; 1959 c.687 §3; repealed by
1971 c.743 §432]
     164.470 [Amended by 1969 c.594 §1; repealed by 1971
c.743 §432]
     164.480 [Repealed by 1971 c.743 §432]
     164.485 [1969 c.652 §1; repealed by 1971 c.743 §432]
     164.490 [1969 c.652 §2; repealed by 1971 c.743 §432]
     164.500 [1969 c.652 §§3,4,6; repealed by 1971 c.743 §432]
     164.505 [1969 c.652 §5; repealed by 1971 c.743 §432]
     164.510 [Repealed by 1971 c.743 §432]
     164.520 [Repealed by 1971 c.743 §432]
     164.530 [Repealed by 1971 c.743 §432]
     164.540 [Repealed by 1971 c.743 §432]
     164.550 [Repealed by 1971 c.743 §432]
     164.555 [1963 c.552 §3; repealed by 1971 c.743 §432]
     164.560 [Repealed by 1971 c.743 §432]
     164.570 [Repealed by 1971 c.743 §432]
     164.580 [Amended by 1959 c.580 §103; repealed by
1971 c.743 §432]
     164.590 [Repealed by 1971 c.743 §432]
     164.610 [Repealed by 1971 c.743 §432]
     164.620 [Repealed by 1971 c.743 §432]
     164.630 [Repealed by 1971 c.743 §432]
     164.635 [1961 c.310 §2; 1967 c.332 §1; repealed by
1971 c.743 §432]
     164.640 [Repealed by 1971 c.743 §432]
     164.650 [Repealed by 1971 c.743 §432]
     164.660 [Amended by 1967 c.390 §1; repealed by 1971
c.743 §432]
     164.670 [Amended by 1965 c.552 §1; repealed by 1971
c.743 §432]
     164.680 [Repealed by 1971 c.743 §432]
     164.690 [Repealed by 1971 c.743 §432]
     164.700 [1965 c.594 §1; repealed by 1971 c.743 §432]
     164.710 [Amended by 1969 c.517 §1; repealed by 1971
c.743 §432]
     164.720 [Repealed by 1971 c.743 §432]
     164.730 [Amended by 1967 c.351 §1; repealed by 1971
c.743 §432]
     164.740 [Repealed by 1971 c.743 §432]
     164.750 [1969 c.584 §1; repealed by 1971 c.743 §432]
     164.760 [1969 c.584 §§2,3; repealed by 1971 c.743 §432]
     164.770 [1969 c.584 §4; repealed by 1971 c.743 §432]
LITTERING
     164.775
Deposit of trash within 100 yards of waters or in waters; license suspensions;
civil penalties; credit for work in lieu of fine. (1) It is unlawful for any person to discard
any glass, cans or other trash, rubbish, debris or litter on land within 100
yards of any of the waters of the state, as defined in ORS 468B.005, other than
in receptacles provided for the purpose of holding such trash, rubbish, debris
or litter.
     (2) It is unlawful for any person to
discard any glass, cans or other similar refuse in any waters of the state, as
defined in ORS 468.700.
     (3) In addition to or in lieu of the
penalties provided for violation of any provision of this section, the court in
which any individual is convicted of a violation of this section may order
suspension of certain permits or licenses for a period not to exceed 90 days if
the court finds that the violation occurred during or in connection with the
exercise of the privilege granted by the permit or license. The permits and
licenses to which this section applies are motor vehicle operatorÂ’s permits or
licenses, hunting licenses, fishing licenses or boat registrations.
     (4)(a) Any person sentenced under
subsection (6) of this section to pay a fine for violation of this section
shall be permitted, in default of the payment of the fine, to work at clearing
rubbish, trash and debris from the lands and waters described by subsections
(1) and (2) of this section. Credit in compensation for such work shall be
allowed at the rate of $25 for each day of work.
     (b) In any case, upon conviction, if
punishment by imprisonment is imposed upon the defendant, the form of the
sentence shall include that the defendant shall be punished by confinement at
labor clearing rubbish, trash and debris from the lands and waters described by
subsections (1) and (2) of this section, for not less than one day nor more
than five days.
     (5) A citation conforming to the
requirements of ORS 133.066 shall be used for all violations of subsection (1)
or (2) of this section in the state.
     (6) Violation of this section is a Class B
misdemeanor.
     (7) In addition to and not in lieu of the
criminal penalty authorized by subsection (6) of this section, the civil
penalty authorized by ORS 468.140 may be imposed for violation of this section.
     (8) Nothing in this section or ORS 164.785
prohibits the operation of a disposal site, as defined in ORS 459.005, for
which a permit is required by the Department of Environmental Quality, for
which such a permit has been issued and which is being operated and maintained
in accordance with the terms and conditions of such permit. [Formerly 449.107;
1999 c.1051 §132]
     164.780 [1969 c.584 §5; repealed by 1971 c.743 §432]
     164.785
Placing offensive substances in waters, on highways or other property. (1) It is unlawful for any person, including
a person in the possession or control of any land, to discard any dead animal
carcass or part thereof, excrement, putrid, nauseous, noisome, decaying,
deleterious or offensive substance into or in any other manner befoul, pollute
or impair the quality of any spring, river, brook, creek, branch, well,
irrigation drainage ditch, irrigation ditch, cistern or pond of water.
     (2) It is unlawful for any person to place
or cause to be placed any polluting substance listed in subsection (1) of this
section into any road, street, alley, lane, railroad right of way, lot, field,
meadow or common. It is unlawful for an owner thereof to knowingly permit any
polluting substances to remain in any of the places described in this
subsection to the injury of the health or to the annoyance of any citizen of
this state. Every 24 hours after conviction for violation of this subsection
during which the violator permits the polluting substances to remain is an
additional offense against this subsection.
     (3) Nothing in this section shall apply to
the storage or spreading of manure or like substance for agricultural, silvicultural
or horticultural purposes, except that no sewage sludge, septic tank or
cesspool pumpings shall be used for these purposes unless treated and applied
in a manner approved by the Department of Environmental Quality.
     (4) Violation of this section is a Class A
misdemeanor.
     (5) The Department of Environmental
Quality may impose the civil penalty authorized by ORS 468.140 for violation of
this section. [Formerly 449.105; 1983 c.257 §1; 1987 c.325 §1]
     164.805
Offensive littering. (1) A
person commits the crime of offensive littering if the person creates an
objectionable stench or degrades the beauty or appearance of property or
detracts from the natural cleanliness or safety of property by intentionally:
     (a) Discarding or depositing any rubbish,
trash, garbage, debris or other refuse upon the land of another without
permission of the owner, or upon any public way or in or upon any public
transportation facility;
     (b) Draining, or causing or permitting to
be drained, sewage or the drainage from a cesspool, septic tank, recreational
or camping vehicle waste holding tank or other contaminated source, upon the
land of another without permission of the owner, or upon any public way; or
     (c) Permitting any rubbish, trash,
garbage, debris or other refuse to be thrown from a vehicle that the person is
operating. This subsection does not apply to a person operating a vehicle
transporting passengers for hire subject to regulation by the Interstate
Commerce Commission or the Department of Transportation or a person operating a
school bus described under ORS 801.460.
     (2) As used in this section:
     (a) “Public transportation facility” has
the meaning given that term in ORS 164.365.
     (b) “Public way” includes, but is not
limited to, roads, streets, alleys, lanes, trails, beaches, parks and all
recreational facilities operated by the state, a county or a local municipality
for use by the general public.
     (3) Offensive littering is a Class C
misdemeanor. [1971 c.743 §283; 1975 c.344 §2; 1983 c.338 §897; 1985 c.420 §20;
2007 c.71 §52]
     164.810 [Repealed by 1971 c.743 §432]
UNLAWFUL
TRANSPORT
     164.813
Unlawful cutting and transport of special forest products. (1) It is unlawful for any person to cut or
split wood into special forest products or to harvest or remove special forest
products from a place unless the person has in possession a written permit to
do so from the owner of the land from which the wood is cut or the products
taken. The written permit required under this subsection must set forth:
     (a) The date of the permit;
     (b) The name, address, telephone number
and signature of the person granting the permit;
     (c) The name, address and telephone number
of the person to whom the permit is granted;
     (d) The amount and kind of wood, by
species, to be cut or split or the amount and kind of special forest products
to be taken;
     (e) A description of the premises from
which the wood is to be cut or the products taken. The description may be by
legal description, tax account number or other description clearly identifying
the premises; and
     (f) The date of expiration of the permit.
     (2) It is unlawful for a person to
transport special forest products without possessing a permit as described in
subsection (1) of this section or a document of sale showing title thereto. A document
of sale must be signed by the landowner, seller or donor, and must set forth:
     (a) The date of the document;
     (b) The name, address and telephone number
of the seller or donor of the products;
     (c) The name, address and telephone number
of the purchaser or donee;
     (d) The amount and kind of products sold,
by species; and
     (e) A description of the premises from
which the special forest products were taken. The description may be by legal
description, tax account number or other description clearly identifying the
premises, or by street address in the event of purchase from a woodlot or fuel
dealer or dealer in other special forest products.
     (3) Any person who engages in the purchase
or other acquisition of special forest products for resale, other than special
forest products acquired from property owned by that person, shall keep records
of such purchases or acquisitions for a period of one year from the date of
purchase or acquisition. The records shall be made available to any peace
officer upon request and shall reveal:
     (a) The date of purchase or acquisition;
     (b) The name, address, telephone number
and signature of the person from whom the special forest products were obtained
and the date they were obtained;
     (c) The license number of any vehicle used
to deliver the special forest products to the dealer for resale;
     (d) The quantity of special forest
products purchased or acquired; and
     (e) The name and address of the landowner
from whose land the special forest product was harvested.
     (4) Any permit for the removal of special
forest products from public lands issued by the United States Forest Service or
the Bureau of Land Management is sufficient for the purposes of subsections (1)
and (2) of this section, regardless of whether the permit conforms to the
specific requirements as to content set forth in subsections (1) and (2) of
this section.
     (5) Subsections (1) and (2) of this
section do not apply to:
     (a) The cutting or transportation of wild
edible mushrooms occupying a volume at harvest of one gallon or less;
     (b) The cutting or transportation of
special forest products, as defined in subsection (6)(b)(D), (F) and (H) of
this section, having a total volume of less than 27 cubic feet;
     (c) The cutting or transportation of
special forest products, other than those specified in paragraphs (a) and (b)
of this subsection, having a total volume of less than 12 cubic feet;
     (d) The cutting or transportation of
coniferous trees that are subject to the provisions of ORS 164.825;
     (e) The cutting or transportation of
special forest products by the owner of the land from which they were taken or
by the ownerÂ’s agent; or
     (f) The transportation of special forest
products by a common carrier or contract carrier.
     (6) As used in this section:
     (a) “Harvest” means to separate by
cutting, prying, picking, peeling, breaking, pulling, splitting or otherwise
removing a special forest product from:
     (A) Its physical connection or point of
contact with the ground or vegetation upon which it was growing; or
     (B) The place or position where it lay.
     (b) “Special forest products” means:
     (A) Bear grass (Xerophyllum tenas),
boughs, branches, ferns and other forest plant parts used in floral
arrangements and decorations;
     (B) The bark and needles of the Pacific
yew (Taxus brevifolia);
     (C) Cascara bark from the cascara tree
(Rhamnus purshiana);
     (D) Cedar salvage including cedar chunks,
slabs, stumps and logs that are more than one cubic foot in volume;
     (E) Cut or picked evergreen foliage and
shrubs including, but not limited to, ferns, huckleberry, Oregon grape,
rhododendron and salal;
     (F) Firewood;
     (G) Native ornamental trees and shrubs,
including trees and shrubs that are not nursery grown and that have been
removed from the ground with the roots intact;
     (H) Round or split posts, poles, pickets,
stakes or rails, shakeboards, shake-bolts, shingle bolts or other round or
split products of any forest tree species; and
     (I) Wild edible mushrooms that have not
been cultivated or propagated by artificial means.
     (c) “Special forest products” does not
mean mill ends, driftwood and artificially fabricated fireplace logs.
     (d) “Transportation” means the physical
conveyance of special forest products away from a harvest site and includes,
but is not limited to, transportation in or on:
     (A) A motor vehicle designed for use on
improved roadways;
     (B) A boat, barge, raft or other water
vessel; or
     (C) An airplane, helicopter, balloon or
other aircraft.
     (7) Subsection (3) of this section does
not apply to a person who purchases cedar products that are special forest
products and who complies with the record keeping requirements of ORS 165.109.
     (8) Violation of any provision of
subsections (1) to (3) of this section is a Class B misdemeanor. [1981 c.645 §2;
1989 c.368 §1; 1993 c.167 §1; 1995 c.75 §1]
     164.814
State Forester required to develop forms for special forest products. No later than three months after September
9, 1995, the State Forester shall develop a typical form for the permit and
document of sale required by ORS 164.813 and for the records required by ORS
164.813 (3). The State Forester shall make copies of the forms available. Use
of the forms is not required. [1995 c.75 §2]
     Note: 164.814 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 164 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     164.815
Unlawful transport of hay.
(1) A person commits the crime of unlawfully transporting hay if the person
knowingly transports more than 20 bales of hay on a public highway without
having in possession a transportation certificate signed by the producer or the
agent of the producer showing:
     (a) The amount of hay in possession and
the date of acquisition of it;
     (b) The price paid or agreed to be paid
for the hay or other terms of the transportation or sale contract;
     (c) The location where the hay was loaded
and its destination;
     (d) The total number of bales or other
units and the method of bailing or packaging; and
     (e) The type of hay.
     (2) Subsection (1) of this section does
not apply to transportation of hay:
     (a) By the producer thereof or the agent
of the producer who has in possession written evidence of authority to
transport the hay for the producer; or
     (b) By a person or the agent of the person
under contract to transport the hay for the producer.
     (3) As used in this section:
     (a) “Hay” means grasses, legumes or other
forage plants grown in
     (b) “Producer” means a person who raises
and harvests hay on land the person owns or leases and who is delivering that
hay from the field to a place of storage or sale or to a feedlot for livestock.
     (4) Unlawfully transporting hay is a Class
C misdemeanor. [1971 c.743 §288a; 1973 c.445 §1]
     164.820 [Amended by 1971 c.647 §1; repealed by 1971
c.743 §432]
     164.825
Cutting and transport of coniferous trees without permit or bill of sale. (1) It is unlawful for any person to cut
more than five coniferous trees unless the person has in possession written
permission to do so from the owner of the land from which the trees are cut.
The written permit required under this subsection must set forth:
     (a) The date of the permit;
     (b) The name, address, telephone number
and signature of the person granting the permit;
     (c) The name, address and telephone number
of the person to whom the permit is granted;
     (d) The number of trees, by species, to be
cut;
     (e) A description of the premises from
which the trees are to be cut. The description may be by legal description or
tax account number; and
     (f) The date of expiration of the permit.
     (2) It is unlawful for any person to
transport over the highways of this state more than five coniferous trees
without possessing a cutting permit as described in subsection (1) of this
section or a document of title showing title thereto. A document of sale must
be signed by the landowner, seller or donor, and shall set forth:
     (a) The date of the document;
     (b) The name, address and telephone number
of the seller or donor of the trees;
     (c) The name, address and telephone number
of the purchaser or donee of the trees;
     (d) The number of trees, by species, sold
or transferred by the permit or document of sale; and
     (e) A description of the premises from
which the trees were taken. The description may be by legal description, tax
account number or other description clearly identifying the premises.
     (3) The provisions of subsections (1) and
(2) of this section do not apply to:
     (a) The transportation of trees in the
course of transplantation, with their roots intact.
     (b) The cutting or transportation of
coniferous trees by the owner of the land from which they were taken or by the
ownerÂ’s agent.
     (c) The transportation of coniferous trees
by a common carrier or contract carrier.
     (4) Violation of the provisions of
subsection (1) or (2) of this section is a Class B misdemeanor. [1971 c.743 §295;
1981 c.645 §6]
     164.828
Ownership as affirmative defense under ORS 164.813 and 164.825. It is an affirmative defense to any charge
under ORS 164.813 or 164.825 that the defendant is in fact the owner of the
trees or special forest products cut or transported. [1981 c.645 §7; 1993 c.167
§2]
     Note: 164.828 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 164 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     164.830 [Repealed by 1971 c.743 §432]
     164.835
Investigation to prevent violations of ORS 164.813 and 164.825. (1) All peace officers shall note and
investigate the cutting and transportation of coniferous trees and special
forest products as defined in ORS 164.813 for the purpose of preventing
violations of ORS 164.813 and 164.825.
     (2) Justice courts and circuit courts have
concurrent jurisdiction of violations of ORS 164.813 and 164.825. [1971 c.743 §296;
1981 c.645 §3; 1993 c.167 §3]
     164.840 [Repealed by 1971 c.743 §432]
     164.845
Arrest, summons for cutting or transport of trees or special forest products;
effect of failure to appear.
(1) Whenever any peace officer has reasonable cause to believe that a person is
cutting or transporting trees or special forest products in violation of ORS
164.813 (1) or (2) or 164.825, the peace officer may arrest the person without
a warrant and take the person before any court having jurisdiction of the
offense. The court shall proceed without delay to hear, try and determine the
matter and enter judgment according to the allegations and proofs.
     (2) The peace officer making the arrest,
if not immediately taking the person arrested into custody, may issue a summons
to the person. The summons shall direct the person to appear at the court named
in the summons to answer a complaint to be filed therewith. The violation shall
be noted on the summons, which shall be dated and signed by the peace officer.
     (3) Any person to whom a summons is issued
under this section who fails to appear at the time and place specified therein
commits a Class B misdemeanor. [1971 c.743 §297; 1981 c.645 §4; 1993 c.167 §4]
     164.850 [Repealed by 1971 c.743 §432]
     164.855
Seizure of trees or special forest products cut or transported in violation of
ORS 164.813 or 164.825. (1)
Whenever any peace officer has reasonable cause for believing that a person is
cutting or transporting trees or special forest products in violation of ORS
164.813 (1) or (2) or 164.825, the peace officer may, at the time of making the
arrest or issuing the summons, under ORS 164.845, seize and take possession of
the trees or special forest products. The peace officer shall hold the trees or
special forest products subject to the order of the court before which the
arrested person is ordered to appear. If the owner of the trees or special
forest products appears before the court within 48 hours after the seizure
thereof and presents satisfactory evidence of ownership, the court shall order
the peace officer to deliver the trees or special forest products to the owner.
If the owner does not appear within the 48-hour period and prove ownership of
the trees or special forest products, the court may direct the peace officer to
sell the trees or special forest products in any manner and for any price that
appears to the court to be warranted. If the trees or special forest products
have no value, the court may direct the officer to destroy them in any manner
practicable. The proceeds of the sale, less the reasonable expenses thereof,
shall be paid to the treasurer of the county in which the trees or special
forest products are sold. At any time within one year after the seizure of the
trees or special forest products the owner thereof may appear before the court,
and, upon presentation of satisfactory evidence of ownership, the court shall
direct the treasurer of the county to pay the proceeds to the owner. If the
owner does not appear within one year from the seizure of the trees or special
forest products and prove a right to the proceeds, the proceeds shall
thereafter belong to the county, and may be disposed of as the county court may
direct.
     (2) The return of the trees or special
forest products or the payment of the proceeds shall not preclude the court
from imposing any fine or penalty for any violation of ORS 164.825 to 164.855. [1971
c.743 §298; 1981 c.645 §5; 1993 c.167 §5]
     164.860 [Repealed by 1971 c.743 §432]
     164.863
Unlawful transport of meat animal carcasses. (1) Except as provided in subsection (2) of this section, it shall be
unlawful for any person to transport the carcass or a primal cut thereof of any
meat animal on a public highway without having in possession a transportation
certificate signed by the owner or the agent of the owner showing:
     (a) The location where the carcass or
primal cut was loaded and its destination;
     (b) The quantity in possession and the
date of acquisition of it; and
     (c) Transportation or bill of sale.
     (2) Subsection (1) of this section does
not apply to the carcass or meat of a meat animal:
     (a) That is transported by common carrier;
     (b) That is marked, tagged or otherwise
identified as required by ORS chapter 619;
     (c) That is marked, tagged or identified
as required by ORS 603.045 (2), or that is the subject of the certificate and
tags described in ORS 603.045 (4); or
     (d) That is marked, tagged or otherwise
identified as having been previously inspected under the Federal Meat
Inspection Act.
     (3) As used in this section:
     (a) “Common carrier” means:
     (A) Any person who transports for hire or
who purports to be to the public as willing to transport for hire, compensation
or consideration by motor vehicle, persons or property, or both, for those who
may choose to employ the person; or
     (B) Any person who leases, rents or
otherwise provides a motor vehicle for the use of others and who in connection
therewith in the regular course of business provides, procures or arranges for,
directly, indirectly or by course of dealing, a driver or operator therefor.
     (b) “Federal Meat Inspection Act” means
the Act so entitled approved March 4, 1907, (34 Stat. 1260), as amended by the
Wholesome Meat Act (81 Stat. 584).
     (c) “Meat animal” means any live cattle,
equines, sheep, goats or swine.
     (d) “Meat” or “meat product” means any
edible muscle, except any muscle found in the lips, snout or ears of meat
animals, which is skeletal or found in the tongue, diaphragm, heart or
esophagus, with or without any accompanying and overlying fat, and any portion
of bone, skin, sinew, nerve or blood vessels normally accompanying the muscle
tissue and not separated from it in the process of dressing or as otherwise
prescribed by the Department of Agriculture.
     (4) Unlawfully transporting the carcass or
primal cut of a meat animal is a Class C misdemeanor.
     (5) For the purpose of this section “primal
cut” of cattle and equines means round, loin, flank, rib, chuck, brisket, plate
or shank; of pork means ham, loin, side, spareribs, shoulder or jowl; of sheep
and goats means rib or rack, loin, leg or shoulder. [1975 c.201 §2]
MISCELLANEOUS
     164.864
Definitions for ORS 164.864 to 164.882. As used in ORS 164.865, 164.866, 164.868, 164.869, 164.872, 164.873,
164.875 and 164.882 and this section, unless the context requires otherwise:
     (1) “Audiovisual recording function” means
the capability of a device to record or transmit a motion picture or any part
of a motion picture by means of any technology now known or later developed.
     (2) “Commercial enterprise” means a
business operating in intrastate or interstate commerce for profit. “Commercial
enterprise” does not include:
     (a) Activities by schools, libraries or
religious organizations;
     (b) Activities incidental to a bona fide
scholastic or critical endeavor;
     (c) Activities incidental to the marketing
or sale of recording devices; and
     (d) Activities involving the recording of
school or religious events or activities.
     (3) “Fixed” means embodied in a recording
or other tangible medium of expression, by or under the authority of the
author, so that the matter embodied is sufficiently permanent or stable to
permit it to be perceived, reproduced or otherwise communicated for a period of
more than transitory duration.
     (4) “Live performance” means a recitation,
rendering or playing of musical instruments or vocal arrangements in an audible
sequence in a public performance.
     (5) “Manufacturer” means the entity
authorizing the duplication of a specific recording, but shall not include the
manufacturer of the cartridge or casing itself.
     (6) “Master recording” means the master
disk, master tape, master film or other device used for reproducing recorded
sound from which a sound recording is directly or indirectly derived.
     (7) “Motion picture” includes any motion
picture, regardless of length or content, that is exhibited in a motion picture
theater, exhibited on television to paying customers or under the sponsorship
of a paying advertiser or produced and exhibited for scientific research or
educational purposes. “Motion picture” does not include amateur films that are
shown free or at cost to friends, neighbors or civic groups.
     (8) “Motion picture theater” means a movie
theater, screening room or other venue that is being utilized primarily for the
exhibition of a motion picture.
     (9) “Owner” means a person who owns the
sounds fixed in a master phonograph record, master disk, master tape, master
film or other recording on which sound is or can be recorded and from which the
transferred recorded sounds are directly or indirectly derived.
     (10) “Recording” means a tangible medium
on which information, sounds or images, or any combination thereof, are
recorded or otherwise stored. Medium includes, but is not limited to, an
original phonograph record, disk, tape, audio or video cassette, wire, film or
other medium now existing or developed later on which sounds, images or both
are or can be recorded or otherwise stored or a copy or reproduction that duplicates
in whole or in part the original.
     (11) “Sound recording” means any
reproduction of a master recording.
     (12) “Videotape” means a reel of tape upon
which a motion picture is electronically or magnetically imprinted by means of
an electronic video recorder and which may be used in video playback equipment
to project or display the motion picture on a television screen. [1993 c.95 §1;
2001 c.666 §§30,42; 2005 c.459 §§3,4; 2005 c.830 §22]
     Note: 164.864, 164.866, 164.867, 164.868, 164.869,
164.872 and 164.873 were enacted into law by the Legislative Assembly but were
not added to or made a part of ORS chapter 164 or any series therein by
legislative action. See Preface to Oregon Revised Statutes for further
explanation.
     164.865
Unlawful sound recording.
(1) A person commits the crime of unlawful sound recording if the person:
     (a) Reproduces for sale any sound
recording without the written consent of the owner of the master recording; or
     (b) Knowingly sells, offers for sale or
advertises for sale any sound recording that has been reproduced without the
written consent of the owner of the master recording.
     (2) Unlawful sound recording is a Class B
misdemeanor. [1973 c.747 §1; 1993 c.95 §3]
     164.866
Civil action for injuries caused by criminal acts. Nothing in ORS 164.864, 164.865, 164.868,
164.869, 164.872, 164.873 or 164.875 or this section limits or impairs the
right of a person injured by the criminal acts of a defendant to sue and
recover damages from the defendant in a civil action. [1993 c.95 §11; 2001
c.666 §§31,43; 2005 c.830 §23]
     Note: See note under 164.864.
     164.867
Applicability of ORS 164.868, 164.869 and 164.872. The provisions of ORS 164.868, 164.869 and
164.872 apply only to persons operating commercial enterprises. [1993 c.95 §2]
     Note: See note under 164.864.
     164.868
Unlawful labeling of a sound recording. (1) A person commits unlawful labeling of a sound recording if the
person:
     (a) Fails to disclose the origin of a
sound recording when the person knowingly advertises or offers for sale or
resale, sells, resells, rents, leases, or lends or possesses for any of these
purposes, any sound recording that does not contain the true name and address
of the manufacturer in a prominent place on the cover, jacket or label of the
sound recording; and
     (b) Possesses five or more duplicate
copies or 20 or more individual copies of recordings produced without consent
of the owner or performer and the recordings are intended for sale or
distribution in violation of this section.
     (2) Unlawful labeling of a sound recording
is a Class C felony. [1993 c.95 §7]
     Note: See note under 164.864.
     164.869
Unlawful recording of a live performance. (1) A person commits unlawful recording of a live performance if the
person:
     (a)(A) Advertises or offers for sale,
sells, rents, transports, or causes the sale, resale, rental or transportation
of, or possesses for one or more of these purposes, a recording containing
sounds of a live performance with the knowledge that the live performance has
been recorded or fixed without the consent of the owner; or
     (B) With the intent to sell, records or
fixes, or causes to be recorded or fixed on a recording, a live performance
with the knowledge that the live performance has been recorded or fixed without
the consent of the owner; and
     (b) Possesses five or more duplicate
copies or 20 or more individual copies of recordings produced without consent
of the owner or performer and the recordings are intended for sale or
distribution in violation of this section.
     (2) Unlawful recording of a live
performance is a Class C felony.
     (3) For purposes of subsections (1) and
(2) of this section, in the absence of a written agreement or law to the
contrary, the performer of a live performance is presumed to own the rights to
record or fix the performance.
     (4) A person who is authorized to maintain
custody and control over business records that reflect whether or not the owner
of the live performance consented to having the live performance recorded or
fixed is a proper witness in a proceeding regarding the issue of consent. [1993
c.95 §§5,6]
     Note: See note under 164.864.
     164.870 [Repealed by 1957 c.269 §1; (164.871 enacted
in lieu of 164.870)]
     164.871 [1957 c.269 §2 (enacted in lieu of 164.870);
repealed by 1971 c.743 §432]
     164.872
Unlawful labeling of a videotape recording. (1) A person commits unlawful labeling of a videotape recording if the
person:
     (a) Fails to disclose the origin of a
recording when the person knowingly advertises or offers for sale or resale, or
sells, resells, rents, leases or lends, or possesses for any of these purposes,
any videotape recording that does not contain the true name and address of the
manufacturer in a prominent place on the cover, jacket or label of the
videotape recording; and
     (b) Possesses five or more duplicate
copies or 20 or more individual copies of videotape recordings produced without
consent of the owner or performer and the videotape recordings are intended for
sale or distribution in violation of this section.
     (2) Unlawful labeling of a videotape
recording is a Class C felony. [1993 c.95 §8]
     Note: See note under 164.864.
     164.873
Exemptions from ORS 164.865, 164.868, 164.869, 164.872 and 164.875. (1) The provisions of ORS 164.872 and
164.875 do not apply to:
     (a) The production of a videotape of a
motion picture that is defined as a public record under ORS 192.005 (5), in
accordance with ORS 192.005 to 192.170 or 357.805 to 357.895.
     (b) The production of a videotape of a
motion picture that is defined as a legislative record under ORS 171.410, in
accordance with ORS 171.410 to 171.430.
     (2) The provisions of ORS 164.865,
164.868, 164.869 (1) and (2) and 164.875 do not apply to the reproduction of:
     (a) Any recording that is used or intended
to be used only for broadcast by educational radio or television stations.
     (b) A sound recording, or the production
of a videotape of a motion picture, that is defined as a public record under
ORS 192.005 (5), with or without charging and collecting a fee therefor, in
accordance with ORS 192.005 to 192.170 or 357.805 to 357.895.
     (c) A sound recording defined as a
legislative record under ORS 171.410, with or without charging and collecting a
fee therefor, in accordance with ORS 171.410 to 171.430. [1993 c.95 §§9,10]
     Note: See note under 164.864.
     164.875
Unlawful videotape recording.
(1) A person commits the crime of unlawful videotape recording if the person:
     (a) Produces for sale any videotape
without the written consent of the owner of the motion picture imprinted
thereon; or
     (b) Knowingly sells or offers for sale any
videotape that has been produced without the written consent of the owner of
the motion picture imprinted thereon.
     (2) Unlawful videotape recording is a
Class B misdemeanor. [1979 c.550 §2; 1993 c.95 §4]
     164.876 [1993 c.95 §12; repealed by 2001 c.666 §56]
     164.877 [1989 c.1003 §§2,3; renumbered 164.886 in
2007]
     164.879 [2001 c.666 §50; repealed by 2005 c.830 §48]
     164.880 [Repealed by 1971 c.743 §432]
     164.882
Unlawful operation of an audiovisual device. (1) A person commits the crime of unlawful operation of an audiovisual
device if the person knowingly operates the audiovisual recording function of
any device in a motion picture theater, while a motion picture is being
exhibited, without the written consent of the motion picture theater owner.
     (2) Unlawful operation of an audiovisual
device is a Class B misdemeanor.
     (3) The provisions of subsection (1) of
this section do not apply to any activity undertaken in the course of bona fide
law enforcement activity or necessary to the proper functioning of the criminal
justice system. [2005 c.459 §1]
     Note: 164.882 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 164 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     164.885
Endangering aircraft. (1) A
person commits the crime of endangering aircraft if the person knowingly:
     (a) Throws an object at, or drops an
object upon, an aircraft;
     (b) Discharges a bow and arrow, gun,
airgun or firearm at or toward an aircraft;
     (c) Tampers with any aircraft or aircraft
equipment, fuel, lubricant or parts in a manner such as to impair the safety,
efficiency or operation of the aircraft, unless the person does so with the
consent of the owner, operator or possessor of the aircraft; or
     (d) Places, sets, arms or causes to be
discharged any spring gun, trap, explosive device or explosive material with
the intent of damaging, destroying or discouraging the operation of any
aircraft.
     (2) Endangering aircraft is a Class C
felony. [1981 c.901 §1]
     Note: 164.885 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 164 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     164.886
Unlawful tree spiking; unlawful possession of substance that can damage certain
wood processing equipment.
(1) A person commits the crime of unlawful tree spiking if the person knowingly
drives or places in any tree or saw log, without the prior consent of the owner
thereof, any iron, steel or other substance sufficiently hard to damage saws or
wood manufacturing or processing equipment with intent to cause inconvenience,
annoyance or alarm to any other person.
     (2) Except as provided in subsection (3)
of this section, unlawful tree spiking is a Class C felony.
     (3) Unlawful tree spiking that results in
serious physical injury to another person is a Class B felony.
     (4) Any person who possesses, with the
intent to use in violation of subsections (1) to (3) of this section, any iron,
steel or other substance sufficiently hard to damage saws or wood manufacturing
or processing equipment is guilty of a Class A misdemeanor. [Formerly 164.877]
     164.887
Interference with agricultural operations. (1) Except as provided in subsection (3) of this section, a person
commits the offense of interference with agricultural operations if the person,
while on the property of another person who is engaged in agricultural
operations, intentionally or knowingly obstructs, impairs or hinders or
attempts to obstruct, impair or hinder agricultural operations.
     (2) Interference with agricultural
operations is a Class A misdemeanor.
     (3) The provisions of subsection (1) of
this section do not apply to:
     (a) A person who is involved in a labor
dispute as defined in ORS 662.010 with the other person; or
     (b) A public employee who is performing
official duties.
     (4) As used in this section:
     (a)(A) “Agricultural operations” means the
conduct of logging and forest management, mining, farming or ranching of
livestock animals or domestic farm animals;
     (B) “Domestic farm animal” means an animal
used to control or protect livestock animals or used in other related
agricultural activities; and
     (C) “Livestock animals” has the meaning
given that term in ORS 164.055.
     (b) “Domestic farm animal” and “livestock
animals” do not include stray animals. [1999 c.694 §1]
     Note: 164.887 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 164 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     164.889
Interference with agricultural research. (1) A person commits the crime of interference with agricultural
research if the person knowingly:
     (a) Damages any property at an
agricultural research facility with the intent to damage or hinder agricultural
research or experimentation;
     (b) Obtains any property of an
agricultural research facility with the intent to damage or hinder agricultural
research or experimentation;
     (c) Obtains access to an agricultural
research facility by misrepresentation with the intent to perform acts that
would damage or hinder agricultural research or experimentation;
     (d) Enters an agricultural research
facility with the intent to damage, alter, duplicate or obtain unauthorized
possession of records, data, materials, equipment or specimens related to
agricultural research or experimentation;
     (e) Without the authorization of the
agricultural research facility, obtains or exercises control over records,
data, materials, equipment or specimens of the agricultural research facility
with the intent to destroy or conceal the records, data, materials, equipment
or specimens; or
     (f) Releases or steals an animal from, or
causes the death, injury or loss of an animal at, an agricultural research
facility.
     (2) Interference with agricultural
research is a Class C felony.
     (3) For purposes of this section:
     (a) “Agricultural research facility” means
any structure or land, whether privately or publicly owned, leased or operated,
that is being used for agricultural research or experimentation.
     (b) “Agricultural research or
experimentation” means the lawful study, analysis or testing of plants or
animals, or the use of plants or animals to conduct studies, analyses, testing
or teaching, for the purpose of improving farming, forestry or animal
husbandry.
     (4) In addition to any other penalty
imposed for violation of this section, a person convicted of interference with
agricultural research is liable for:
     (a) Damages to real and personal property
caused by acts constituting the violation; and
     (b) The costs of repeating an experiment,
including the replacement of the records, data, equipment, specimens, labor and
materials, if acts constituting the violation cause the failure of an
experiment in progress or irreparably damage completed research or
experimentation. [2001 c.147 §1]
     Note: 164.889 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 164 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     164.890 [Repealed by 1971 c.743 §432]
     164.900 [Repealed by 1971 c.743 §432]
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