US Laws, Codes, Statutes & Cases

Chapter 164 — Offenses Against Property

 

2007 EDITION

 

OFFENSES AGAINST PROPERTY

 

CRIMES AND PUNISHMENTS

 

DEFINITIONS

 

164.005     Definitions

 

THEFT AND RELATED OFFENSES

 

164.015     “Theft” described

 

164.025     Consolidation of theft offenses; pleading and proof

 

164.035     Defenses to theft

 

164.043     Theft in the third degree

 

164.045     Theft in the second degree

 

164.055     Theft in the first degree

 

164.057     Aggravated theft in the first degree

 

164.065     Theft of lost, mislaid property

 

164.075     Theft by extortion

 

164.085     Theft by deception

 

164.095     Theft by receiving

 

164.098     Organized retail theft

 

164.105     Right of possession

 

164.115     Value of property

 

164.125     Theft of services

 

164.130     Application of ORS 164.125 to telephone or telegraph services; jurisdiction

 

164.132     Unlawful distribution of cable television equipment

 

164.135     Unauthorized use of a vehicle

 

164.138     Criminal possession of a rented or leased motor vehicle

 

164.140     Criminal possession of rented or leased personal property

 

MAIL-RELATED OFFENSES

 

164.160     Definitions

 

164.162     Mail theft or receipt of stolen mail

 

164.164     Defense in prosecution under ORS 164.162; applicability of ORS 164.162

 

MONEY LAUNDERING

 

164.170     Laundering a monetary instrument

 

164.172     Engaging in a financial transaction in property derived from unlawful activity

 

164.174     Exceptions

 

BURGLARY AND CRIMINAL TRESPASS

 

164.205     Definitions for ORS 164.205 to 164.270

 

164.215     Burglary in the second degree

 

164.225     Burglary in the first degree

 

164.235     Possession of a burglary tool or theft device

 

164.243     Criminal trespass in the second degree by a guest

 

164.245     Criminal trespass in the second degree

 

164.255     Criminal trespass in the first degree

 

164.265     Criminal trespass while in possession of firearm

 

164.270     Closure of premises to motor-propelled vehicles

 

164.272     Unlawful entry into motor vehicle

 

164.274     Definitions for ORS 164.276 and 164.278

 

164.276     Authority of sports official to expel persons from sports event

 

164.278     Criminal trespass at sports event

 

DEFINITIONS FOR ARSON, CRIMINAL MISCHIEF AND RELATED OFFENSES

 

164.305     Definitions for ORS 164.305 to 164.377

 

ARSON AND RELATED OFFENSES

 

164.315     Arson in the second degree

 

164.325     Arson in the first degree

 

164.335     Reckless burning

 

CRIMINAL MISCHIEF AND RELATED OFFENSES

 

164.345     Criminal mischief in the third degree

 

164.354     Criminal mischief in the second degree

 

164.365     Criminal mischief in the first degree

 

164.367     Determining value of damage; aggregation

 

164.373     Tampering with cable television equipment

 

164.377     Computer crime

 

GRAFFITI-RELATED OFFENSES

 

164.381     Definitions

 

164.383     Unlawfully applying graffiti

 

164.386     Unlawfully possessing graffiti implement

 

164.388     Preemption

 

ROBBERY

 

164.395     Robbery in the third degree

 

164.405     Robbery in the second degree

 

164.415     Robbery in the first degree

 

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

 

164.785     Placing offensive substances in waters, on highways or other property

 

164.805     Offensive littering

 

UNLAWFUL TRANSPORT

 

164.813     Unlawful cutting and transport of special forest products

 

164.814     State Forester required to develop forms for special forest products

 

164.815     Unlawful transport of hay

 

164.825     Cutting and transport of coniferous trees without permit or bill of sale

 

164.828     Ownership as affirmative defense under ORS 164.813 and 164.825

 

164.835     Investigation to prevent violations of ORS 164.813 and 164.825

 

164.845     Arrest, summons for cutting or transport of trees or special forest products; effect of failure to appear

 

164.855     Seizure of trees or special forest products cut or transported in violation of ORS 164.813 or 164.825

 

164.863     Unlawful transport of meat animal carcasses

 

MISCELLANEOUS

 

164.864     Definitions for ORS 164.864 to 164.882

 

164.865     Unlawful sound recording

 

164.866     Civil action for injuries caused by criminal acts

 

164.867     Applicability of ORS 164.868, 164.869 and 164.872

 

164.868     Unlawful labeling of a sound recording

 

164.869     Unlawful recording of a live performance

 

164.872     Unlawful labeling of a videotape recording

 

164.873     Exemptions from ORS 164.865, 164.868, 164.869, 164.872 and 164.875

 

164.875     Unlawful videotape recording

 

164.882     Unlawful operation of an audiovisual device

 

164.885     Endangering aircraft

 

164.886     Unlawful tree spiking; unlawful possession of substance that can damage certain wood processing equipment

 

164.887     Interference with agricultural operations

 

164.889     Interference with agricultural research

 

DEFINITIONS

 

      164.005 Definitions. As used in chapter 743, Oregon Laws 1971, unless the context requires otherwise:

      (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 defendant’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 person’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 another’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 defendant’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 another’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 person’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