US Laws, Codes, Statutes & Cases

Chapter 165 — Offenses Involving Fraud or Deception

 

2007 EDITION

 

OFFENSES INVOLVING FRAUD OR DECEPTION

 

CRIMES AND PUNISHMENTS

 

FORGERY AND RELATED OFFENSES

 

165.002     Definitions for ORS 165.002 to 165.070

 

165.007     Forgery in the second degree

 

165.013     Forgery in the first degree

 

165.017     Criminal possession of a forged instrument in the second degree

 

165.022     Criminal possession of a forged instrument in the first degree

 

165.027     Evidence admissible to prove forgery or possession of forged instrument

 

165.032     Criminal possession of a forgery device

 

165.037     Criminal simulation

 

165.042     Fraudulently obtaining a signature

 

165.047     Unlawfully using slugs

 

165.055     Fraudulent use of a credit card

 

165.065     Negotiating a bad check

 

165.070     Possessing fraudulent communications device

 

165.072     Definitions for ORS 165.072 and 165.074

 

165.074     Unlawful factoring of payment card transaction

 

BUSINESS AND COMMERCIAL OFFENSES

 

165.075     Definitions

 

165.080     Falsifying business records

 

165.085     Sports bribery

 

165.090     Sports bribe receiving

 

165.095     Misapplication of entrusted property

 

165.100     Issuing a false financial statement

 

165.102     Obtaining execution of documents by deception

 

165.107     Failing to maintain a metal purchase record

 

165.109     Failing to maintain a cedar purchase record

 

165.114     Sale of educational assignments

 

CRIMES INVOLVING COMMUNICATIONS

 

165.475     Sending telegrams in order of receipt

 

165.480     Telegrams having priority in time of war or crisis

 

165.485     Wrongful alteration of telegraphic message

 

165.490     Use by company agent of information contained in message

 

165.495     Refusing to send or deliver message or sending message out of order

 

165.505     Opening or procuring telegraphic message addressed to another; civil liability

 

165.510     Learning contents of telegraphic message sent to another; civil liability

 

165.515     Bribery of telegraph company agents to disclose contents of message

 

165.520     Opening, reading or publishing letter; federal jurisdiction

 

165.535     Definitions applicable to obtaining contents of communications

 

165.540     Obtaining contents of communications

 

165.542     Reports required concerning use of electronic listening device

 

165.543     Interception of communications

 

165.545     Prohibitions not applicable to fire or police activities

 

165.549     Prevention of telephone communications when hostage taken; duties of telephone company; defense against liability

 

165.555     Unlawful telephone solicitation of contributions for charitable purposes

 

165.560     Application of ORS 165.555

 

165.565     Optional local ordinances; certain existing local ordinances preserved

 

165.570     Improper use of emergency reporting system

 

165.572     Interference with making a report

 

CELLULAR TELEPHONES

 

165.575     Definitions

 

165.577     Cellular counterfeiting in the third degree

 

165.579     Cellular counterfeiting in the second degree

 

165.581     Cellular counterfeiting in the first degree

 

165.583     Exemptions from ORS 165.577, 165.579 and 165.581

 

USE OF PEN REGISTERS AND TRAP AND TRACE DEVICES

 

165.657     Definitions for ORS 165.659 to 165.669

 

165.659     General prohibition

 

165.661     When provider of communication service may use devices

 

165.663     Use by police; application to court; statement required

 

165.667     Order by court; findings; contents of order

 

165.669     Duties imposed upon certain persons upon service of order authorizing installation of pen register or trap and trace device; compensation to persons; immunity

 

165.671     Defense to civil or criminal action

 

165.673     Disclosure of results prohibited; exception

 

FALSE CLAIMS FOR HEALTH CARE PAYMENTS

 

165.690     Definitions

 

165.692     Making false claim for health care payment

 

165.694     Aggregation of claims

 

165.696     Who may commence prosecution

 

165.698     Notice of conviction

 

MISCELLANEOUS

 

165.800     Identity theft

 

165.803     Aggravated identity theft

 

165.805     Misrepresentation of age by a minor

 

165.810     Unlawful possession of a personal identification device

 

165.813     Unlawful possession of fictitious identification

 

165.825     Sale of drugged horse

 

165.840     Meaning of “telegraphic copy” in ORS 165.845 and 165.850

 

165.845     Making and drawing of checks and notes by wire

 

165.850     Manner of expressing private and official seals in telegrams

 

PENALTIES

 

165.990     Penalties

 

FORGERY AND RELATED OFFENSES

 

      165.002 Definitions for ORS 165.002 to 165.070. As used in ORS 165.002 to 165.027, and 165.032 to 165.070, unless the context requires otherwise:

      (1) “Written instrument” means any paper, document, instrument, article or electronic record containing written or printed matter or the equivalent thereof, whether complete or incomplete, used for the purpose of reciting, embodying, conveying or recording information or constituting a symbol or evidence of value, right, privilege or identification, which is capable of being used to the advantage or disadvantage of some person.

      (2) “Complete written instrument” means one which purports to be a genuine written instrument fully drawn with respect to every essential feature thereof.

      (3) “Incomplete written instrument” means one which contains some matter by way of content or authentication but which requires additional matter in order to render it a complete written instrument.

      (4) To “falsely make” a written instrument means to make or draw a complete written instrument in its entirety, or an incomplete written instrument which purports to be an authentic creation of its ostensible maker, but which is not, either because the ostensible maker is fictitious or because, if real, the ostensible maker did not authorize the making or drawing thereof.

      (5) To “falsely complete” a written instrument means to transform, by adding, inserting or changing matter, an incomplete written instrument into a complete one, without the authority of anyone entitled to grant it, so that the complete written instrument falsely appears or purports to be in all respects an authentic creation of its ostensible maker or authorized by the ostensible maker.

      (6) To “falsely alter” a written instrument means to change, without authorization by anyone entitled to grant it, a written instrument, whether complete or incomplete, by means of erasure, obliteration, deletion, insertion of new matter, transposition of matter, or in any other manner, so that the instrument so altered falsely appears or purports to be in all respects an authentic creation of its ostensible maker or authorized by the ostensible maker.

      (7) To “utter” means to issue, deliver, publish, circulate, disseminate, transfer or tender a written instrument or other object to another.

      (8) “Forged instrument” means a written instrument which has been falsely made, completed or altered.

      (9) “Electronic record” has the meaning given that term in ORS 84.004.

      (10) “Signature” includes, but is not limited to, an electronic signature, as defined in ORS 84.004. [1971 c.743 §151; 2001 c.535 §27]

 

      165.005 [Amended by 1955 c.435 §1; repealed by 1971 c.743 §432]

 

      165.007 Forgery in the second degree. (1) A person commits the crime of forgery in the second degree if, with intent to injure or defraud, the person:

      (a) Falsely makes, completes or alters a written instrument; or

      (b) Utters a written instrument which the person knows to be forged.

      (2) Forgery in the second degree is a Class A misdemeanor. [1971 c.743 §152]

 

      165.010 [Repealed by 1971 c.743 §432]

 

      165.012 [1963 c.553 §1; repealed by 1971 c.743 §432]

 

      165.013 Forgery in the first degree. (1) A person commits the crime of forgery in the first degree if the person violates ORS 165.007:

      (a) And the written instrument is or purports to be any of the following:

      (A) Part of an issue of money, securities, postage or revenue stamps, or other valuable instruments issued by a government or governmental agency;

      (B) Part of an issue of stock, bonds or other instruments representing interests in or claims against any property or person;

      (C) A deed, will, codicil, contract or assignment;

      (D) A check for $1,000 or more, a credit card purchase slip for $1,000 or more, or a combination of checks and credit card purchase slips that, in the aggregate, total $1,000 or more, or any other commercial instrument or other document that does or may evidence, create, transfer, alter, terminate or otherwise affect a legal right, interest, obligation or status; or

      (E) A public record; or

      (b) By falsely making, completing or altering, or by uttering, at least 15 retail sales receipts, Universal Product Code labels, EAN-8 labels or EAN-13 labels or a combination of at least 15 retail sales receipts, Universal Product Code labels, EAN-8 labels or EAN-13 labels.

      (2) The value of single check or credit card transactions may be added together under subsection (1)(a)(D) of this section if the transactions were committed:

      (a) Against multiple victims within a 30-day period; or

      (b) Against the same victim within a 180-day period.

      (3) Forgery in the first degree is a Class C felony. [1971 c.743 §153; 1993 c.680 §25; 2005 c.761 §1]

 

      165.015 [Repealed by 1971 c.743 §432]

 

      165.017 Criminal possession of a forged instrument in the second degree. (1) A person commits the crime of criminal possession of a forged instrument in the second degree if, knowing it to be forged and with intent to utter same, the person possesses a forged instrument.

      (2) Criminal possession of a forged instrument in the second degree is a Class A misdemeanor. [1971 c.743 §154]

 

      165.020 [Repealed by 1971 c.743 §432]

 

      165.022 Criminal possession of a forged instrument in the first degree. (1) A person commits the crime of criminal possession of a forged instrument in the first degree if, knowing it to be forged and with intent to utter same, the person possesses a forged instrument of the kind and in the amount specified in ORS 165.013 (1).

      (2) Criminal possession of a forged instrument in the first degree is a Class C felony. [1971 c.743 §155; 2005 c.761 §2]

 

      165.025 [Repealed by 1971 c.743 §432]

 

      165.027 Evidence admissible to prove forgery or possession of forged instrument. (1) In any prosecution for forgery of a bank bill or note or for criminal possession of a forged bank bill or note, the testimony of any person acquainted with the signature of the officer or agent authorized to sign the bills or notes of the bank of which such bill or note is alleged to be a forgery, or who has knowledge of the difference in appearance of the true and forged bills or notes thereof, may be admitted to prove that it is a forgery.

      (2) In any prosecution for forgery or for criminal possession of any note, certificate, bond, bill of credit, or other security or evidence of debt issued on behalf of the United States or any state or territory, the certificate duly sworn to of the Secretary of the Treasury, or of the Treasurer of the United States, or of the secretary or treasurer of any state or treasury on whose behalf the note, certificate, bond, bill of credit or other security or evidence of debt purports to have been issued, shall be admitted as evidence to prove that it is a forgery. [1971 c.743 §290]

 

      165.030 [Amended by 1961 c.715 §1; repealed by 1971 c.743 §432]

 

      165.032 Criminal possession of a forgery device. (1) A person commits the crime of criminal possession of a forgery device if:

      (a) The person makes or possesses with knowledge of its character any plate, die or other device, apparatus, equipment or article specifically designed for use in counterfeiting or otherwise forging written instruments; or

      (b) With intent to use, or to aid or permit another to use, the same for purposes of forgery, the person makes or possesses any device, apparatus, equipment or article capable of or adaptable to such use.

      (2) Criminal possession of a forgery device is a Class C felony. [1971 c.743 §156]

 

      165.035 [Repealed by 1971 c.743 §432]

 

      165.037 Criminal simulation. (1) A person commits the crime of criminal simulation if:

      (a) With intent to defraud, the person makes or alters any object in such a manner that it appears to have an antiquity, rarity, source or authorship that it does not in fact possess; or

      (b) With knowledge of its true character and with intent to defraud, the person utters or possesses an object so simulated.

      (2) Criminal simulation is a Class A misdemeanor. [1971 c.743 §157]

 

      165.040 [Repealed by 1971 c.743 §432]

 

      165.042 Fraudulently obtaining a signature. (1) A person commits the crime of fraudulently obtaining a signature if, with intent to defraud or injure another, the person obtains the signature of a person to a written instrument by knowingly misrepresenting any fact.

      (2) Fraudulently obtaining a signature is a Class A misdemeanor. [1971 c.743 §158]

 

      165.045 [Repealed by 1971 c.743 §432]

 

      165.047 Unlawfully using slugs. (1) A person commits the crime of unlawfully using slugs if:

      (a) With intent to defraud the supplier of property or a service sold or offered by means of a coin machine, the person inserts, deposits or otherwise uses a slug in such machine; or

      (b) The person makes, possesses, offers for sale or disposes of a slug with intent to enable a person to use it fraudulently in a coin machine.

      (2) As used in this section:

      (a) “Coin machine” means a coin box, turnstile, vending machine, or other mechanical or electronic device or receptacle designed to receive a coin or bill of a certain denomination or a token made for such purpose, and in return for the insertion or deposit thereof, automatically to offer, provide, assist in providing or permit the acquisition or use of some property or service.

      (b) “Slug” means an object, article or device which, by virtue of its size, shape or any other quality is capable of being inserted, deposited, or otherwise used in a coin machine as a fraudulent substitute for a genuine coin, bill or token.

      (3) Unlawfully using slugs is a Class B misdemeanor. [1971 c.743 §159]

 

      165.055 Fraudulent use of a credit card. (1) A person commits the crime of fraudulent use of a credit card if, with intent to injure or defraud, the person uses a credit card for the purpose of obtaining property or services with knowledge that:

      (a) The card is stolen or forged; or

      (b) The card has been revoked or canceled; or

      (c) For any other reason the use of the card is unauthorized by either the issuer or the person to whom the credit card is issued.

      (2) “Credit card” means a card, booklet, credit card number or other identifying symbol or instrument evidencing an undertaking to pay for property or services delivered or rendered to or upon the order of a designated person or bearer.

      (3) The value of single credit card transactions may be added together if the transactions were committed:

      (a) Against multiple victims within a 30-day period; or

      (b) Against the same victim within a 180-day period.

      (4) Fraudulent use of a credit card is:

      (a) A Class A misdemeanor if the aggregate total amount of property or services the person obtains or attempts to obtain is under $750.

      (b) A Class C felony if the aggregate total amount of property or services the person obtains or attempts to obtain is $750 or more. [1971 c.743 §160; 1973 c.133 §7; 1987 c.907 §11; 1993 c.680 §26]

 

      165.065 Negotiating a bad check. (1) A person commits the crime of negotiating a bad check if the person makes, draws or utters a check or similar sight order for the payment of money, knowing that it will not be honored by the drawee.

      (2) For purposes of this section, unless the check or order is postdated, it is prima facie evidence of knowledge that the check or order would not be honored if:

      (a) The drawer has no account with the drawee at the time the check or order is drawn or uttered; or

      (b) Payment is refused by the drawee for lack of funds, upon presentation within 30 days after the date of utterance, and the drawer fails to make good within 10 days after receiving notice of refusal.

      (3) Negotiating a bad check is:

      (a) A Class A misdemeanor, except as provided in paragraph (b) of this subsection.

      (b) Enhanced from a Class A misdemeanor to a Class C felony if at the time of sentencing it is established beyond a reasonable doubt that the person has been convicted in this state, within the preceding five years, of the crime of negotiating a bad check or of theft by deception by means of a bad check. [1971 c.743 §161; 1979 c.594 §1]

 

      165.070 Possessing fraudulent communications device.(1) A person commits the crime of possessing a fraudulent communications device if the person:

      (a) Makes, possesses, sells, gives or otherwise transfers to another, or offers or advertises pictures or diagrams concerning an instrument, apparatus or device with intent that the same be used or with knowledge or reason to believe the same is intended to or may be used to avoid any lawful telephone or telegraph toll charge or to conceal the existence or place of origin or destination of any telephone or telegraph communication; or

      (b) Sells, gives or otherwise transfers to another or offers, or advertises plans or instructions for making or assembling an instrument, apparatus or device described in paragraph (a) of this subsection with knowledge or reason to believe that they may be used to make or assemble such instrument, apparatus or device.

      (2) An instrument, apparatus, device, plans, instructions or written publication described in subsection (1) of this section may be seized under warrant or incident to a lawful arrest, and upon the conviction of a person under subsection (1) of this section, such instrument, apparatus, device, plans, instructions or written publication may be destroyed as contraband by the sheriff of the county in which such person was convicted or turned over to the person providing telephone or telegraph service in the territory in which the same was seized.

      (3) Possessing a fraudulent communications device is a Class C felony. [1973 c.133 §5]

 

      165.072 Definitions for ORS 165.072 and 165.074. As used in this section and ORS 165.074, unless the context requires otherwise:

      (1) “Cardholder” means a person to whom a payment card is issued or a person who is authorized to use the payment card.

      (2) “Credit card” means a card, plate, booklet, credit card number, credit card account number or other identifying symbol, instrument or device that can be used to pay for, or to obtain on credit, goods or services.

      (3) “Financial institution” means a financial institution as that term is defined in ORS 706.008.

      (4) “Merchant” means:

      (a) An owner or operator of a retail mercantile establishment;

      (b) An agent, employee, lessee, consignee, franchisee, officer, director or independent contractor of an owner or operator of a retail mercantile establishment; and

      (c) A person who receives what the person believes to be a payment card or information from a payment card from a cardholder as the instrument for obtaining something of value from the person.

      (5) “Payment card” means a credit card, charge card, debit card, stored value card or any card that is issued to a person and allows the user to obtain something of value from a merchant.

      (6) “Payment card transaction” means a sale or other transaction or act in which a payment card is used to pay for, or to obtain on credit, goods or services.

      (7) “Payment card transaction record” means any record or evidence of a payment card transaction, including, without limitation, any paper, sales draft, instrument or other writing and any electronic or magnetic transmission or record.

      (8) “Person” does not include a financial institution or its authorized employee, representative or agent.

      (9) “Previous conviction” has the meaning given that term in ORS 137.712.

      (10) “Reencoder” means an electronic device that places encoded information from one payment card onto another payment card.

      (11) “Scanning device” means an electronic device that is used to access, read, scan, obtain, memorize or store, temporarily or permanently, information encoded on a payment card. [1991 c.398 §1; 1997 c.631 §419; 2003 c.383 §1]

 

      165.074 Unlawful factoring of payment card transaction. (1) A person commits the crime of unlawful factoring of a payment card transaction if the person intentionally or knowingly:

      (a) Presents to or deposits with, or causes another to present to or deposit with, a financial institution for payment a payment card transaction record that is not the result of a payment card transaction between the cardholder and the person;

      (b) Employs, solicits or otherwise causes a merchant to present to or deposit with a financial institution for payment a payment card transaction record that is not the result of a payment card transaction between the cardholder and the merchant;

      (c) Employs, solicits or otherwise causes another to become a merchant for purposes of engaging in conduct made unlawful by this section;

      (d) Uses a scanning device to access, read, scan, obtain, memorize or store information encoded on a payment card:

      (A) Without the permission of the cardholder; or

      (B) With the intent to defraud another person; or

      (e) Uses a reencoder to place encoded information from one payment card onto another payment card:

      (A) Without the permission of the cardholder of the payment card from which encoded information is being taken; or

      (B) With the intention to defraud another person.

      (2) Unlawful factoring of a payment card transaction is a Class C felony.

      (3) Notwithstanding subsection (2) of this section, unlawful factoring of a payment card transaction is a Class B felony if the person has one or more previous convictions under this section. [1991 c.398 §2; 2003 c.383 §2]

 

BUSINESS AND COMMERCIAL OFFENSES

 

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

      (1) “Benefit” means gain or advantage to the beneficiary or to a third person pursuant to the desire or consent of the beneficiary.

      (2) “Business records” means any writing or article kept or maintained by an enterprise for the purpose of evidencing or reflecting its condition or activities.

      (3) “Enterprise” means any private entity of one or more persons, corporate or otherwise, engaged in business, commercial, professional, charitable, political, industrial or organized fraternal activity.

      (4) “Fiduciary” means a trustee, guardian, executor, administrator, receiver or any other person acting in a fiduciary capacity as agent or employee of an organization which is a fiduciary.

      (5) “Financial institution” means a bank, insurance company, credit union, savings and loan association, investment trust or other organization held out to the public as a place of deposit of funds or medium of savings or collective investment.

      (6) “Government” means the state, any political subdivision thereof, or any governmental instrumentality within the state.

      (7) “Misapplies” means dealing with property contrary to law or governmental regulation governing the custody or disposition of that property; governmental regulation includes administrative and judicial rules and orders as well as statutes and ordinances.

      (8) “Sports contest” means any professional or amateur sport or athletic game or contest viewed by the public.

      (9) “Sports official” means any person who acts in sports contests as an umpire, referee, judge or sports contest official.

      (10) “Sports participant” means any person who directly or indirectly participates in sports contests as a player, contestant, team member, coach, manager, trainer, or any other person directly associated with a player, contestant or team member in connection with a sports activity. [1971 c.743 §162]

 

      Note: Legislative Counsel has substituted “chapter 743, Oregon Laws 1971,” for the words “this Act” in section 162, chapter 743, Oregon Laws 1971, compiled as 165.075. Specific ORS references have not been substituted, pursuant to 173.160. These sections may be determined by referring to the 1971 Comparative Section Table located in Volume 20 of ORS.

 

      165.080 Falsifying business records. (1) A person commits the crime of falsifying business records if, with intent to defraud, the person:

      (a) Makes or causes a false entry in the business records of an enterprise; or

      (b) Alters, erases, obliterates, deletes, removes or destroys a true entry in the business records of an enterprise; or

      (c) Fails to make a true entry in the business records of an enterprise in violation of a known duty imposed upon the person by law or by the nature of the position of the person; or

      (d) Prevents the making of a true entry or causes the omission thereof in the business records of an enterprise.

      (2) Falsifying business records is a Class A misdemeanor. [1971 c.743 §163]

 

      165.085 Sports bribery. (1) A person commits the crime of sports bribery if the person:

      (a) Offers, confers or agrees to confer any benefit upon a sports participant with intent to influence the sports participant not to give the best effort of the sports participant in a sports contest; or

      (b) Offers, confers or agrees to confer any benefit upon a sports official with intent to influence the sports official to improperly perform duties of a sports official.

      (2) Sports bribery is a Class C felony. [1971 c.743 §164]

 

      165.090 Sports bribe receiving. (1) A person commits the crime of sports bribe receiving if:

      (a) As a sports participant the person solicits, accepts or agrees to accept any benefit from another person with the intent that the person will thereby be influenced not to give the best effort of the person in a sports contest; or

      (b) As a sports official the person solicits, accepts or agrees to accept any benefit from another person with the intent that the person will improperly perform duties of a sports official.

      (2) Sports bribe receiving is a Class C felony. [1971 c.743 §165]

 

      165.095 Misapplication of entrusted property. (1) A person commits the crime of misapplication of entrusted property if, with knowledge that the misapplication is unlawful and that it involves a substantial risk of loss or detriment to the owner or beneficiary of such property, the person intentionally misapplies or disposes of property that has been entrusted to the person as a fiduciary or that is property of the government or a financial institution.

      (2) Misapplication of entrusted property is a Class A misdemeanor. [1971 c.743 §166]

 

      165.100 Issuing a false financial statement. (1) A person commits the crime of issuing a false financial statement if, with intent to defraud, the person:

      (a) Knowingly makes or utters a written statement which purports to describe the financial condition or ability to pay of the person or some other person and which is inaccurate in some material respect; or

      (b) Represents in writing that a written statement purporting to describe a person’s financial condition or ability to pay as of a prior date is accurate with respect to that person’s current financial condition or ability to pay, knowing the statement to be materially inaccurate in that respect.

      (2) Issuing a false financial statement is a Class A misdemeanor. [1971 c.743 §167]

 

      165.102 Obtaining execution of documents by deception.(1) A person commits the crime of obtaining execution of documents by deception if, with intent to defraud or injure another or to acquire a substantial benefit, the person obtains by means of fraud, deceit or subterfuge the execution of a written instrument affecting or purporting to affect the pecuniary interest of any person.

      (2) Obtaining execution of documents by deception is a Class A misdemeanor. [1971 c.743 §168]

 

      165.105 [Amended by 1959 c.100 §1; repealed by 1971 c.743 §432]

 

      165.107 Failing to maintain a metal purchase record. (1) A scrap metal dealer commits the offense of failing to maintain a metal purchase record if the scrap metal dealer knowingly buys or otherwise obtains new, used or secondhand nonferrous metals or alloys thereof without keeping a record of all such articles purchased or obtained.

      (2) The scrap metal dealer purchasing or obtaining the metal shall retain the record required by subsection (1) of this section for a period of not less than one year and the scrap metal dealer shall make the record available to any peace officer on demand.

      (3) The record required by subsection (1) of this section shall contain:

      (a) The time and date of the transaction and the name of the person conducting the transaction on behalf of the scrap metal dealer.

      (b) A general description of the property purchased, including the type and amount and, if readily discernible, any identifiable marks on the property.

      (c) A photocopy of a current, valid driver license, passport or state identification card of the seller.

      (d) The amount of the consideration given for the metals.

      (e) If the transaction is valued at more than $100, a declaration, signed by the seller, in substantially the following form: “I, the undersigned, hereby declare that the property that is subject to this transaction is not, to the best of my knowledge, stolen property. I understand that this statement is made under penalty of perjury and may be used as evidence in court.”

      (f) Video surveillance or a photograph of the seller. Notwithstanding subsection (2) of this section, the images must be retained for 30 days from the date of the transaction.

      (g) A description of any motor vehicle and its license number used in the delivery of the property.

      (4) This section shall not apply to purchases made by or from a manufacturer, remanufacturer or a distributor appointed by a manufacturer of such articles.

      (5) As used in this section:

      (a) “Nonferrous metal” includes, but is not limited to, aluminum, stainless steel, copper, copper wire, copper cable, brass, electrolytic nickel and zinc. “Nonferrous metal” does not include precious metals when actually used in the manufacture, repair, sale or resale of jewelry.

      (b) “Scrap metal dealer” means a person engaged in the business of purchasing or receiving nonferrous metal property for aggregation and sale to a metal processor or metal recycler.

      (c) “Seller” means a person who sells or delivers the property or otherwise makes the property available to the scrap metal dealer.

      (6)(a) A scrap metal dealer that violates this section shall pay a fine of $1,000.

      (b) Notwithstanding paragraph (a) of this subsection, a scrap metal dealer that violates this section shall pay a fine of $5,000 if the scrap metal dealer has at least three previous convictions for violations of this section. [1971 c.743 §169; 1995 c.222 §1; 2007 c.475 §1]

 

      165.109 Failing to maintain a cedar purchase record.(1) A person commits the offense of failing to maintain a cedar purchase record if the person buys or otherwise obtains cedar products directly from any person who has harvested the cedar without keeping a record of the products purchased or obtained.

      (2) The record required by subsection (1) of this section shall be retained by the purchaser for a period of not less than one year and shall be available to any peace officer on demand.

The record shall contain:

      (a) The name, address, date of sale and signature of the seller or the person making delivery;

      (b) The license number of any motor vehicles used in the delivery of the cedar; and

      (c) The quantity of cedar obtained and the amount paid for the cedar.

      (3) The provisions of this section apply only to the first wholesale transaction involving cedar products and do not apply to retail sales of cedar.

      (4) Failing to maintain a cedar purchase record is a Class B misdemeanor. [1977 c.473 §2]

 

      165.110 [Repealed by 1971 c.743 §432]

 

      165.114 Sale of educational assignments. (1) No person shall sell or offer to sell an assignment to another person knowing, or under the circumstances having reason to know, that the whole or a substantial part of the assignment is intended to be submitted under a student’s name in fulfillment of the requirements for a degree, diploma, certificate or course of study at any post-secondary institution.

      (2) No person shall sell or offer to sell to another person any assistance in the preparation of an assignment knowing, or under the circumstances having reason to know, that the whole or a substantial part of the assignment is intended to be submitted under a student’s name in fulfillment of the requirements for a degree, diploma, certificate or course of study at any post-secondary i