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.THEFT AND RELATED OFFENSES 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; or
(2) Commits theft of property lost, mislaid or delivered by mistake
as provided in ORS 164.065; or
(3) Commits theft by extortion as provided in ORS 164.075; or
(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] (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] (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] (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] (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] (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] (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] 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] (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; or
(b) Cause damage to property; or
(c) Engage in other conduct constituting a crime; or
(d) Accuse some person of a crime or cause criminal charges to be
instituted against the person; or
(e) Expose a secret or publicize an asserted fact, whether true or
false, tending to subject some person to hatred, contempt or ridicule; or
(f) Cause or continue a strike, boycott or other collective action
injurious to some person’s business; except that such conduct shall not
be considered extortion when the property is demanded or received for the
benefit of the group in whose interest the actor purports to act; or
(g) Testify or provide information or withhold testimony or
information with respect to another’s legal claim or defense; or
(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] (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 which the actor does not believe to be
true; or
(b) Fails to correct a false impression which the person previously
created or confirmed; or
(c) Prevents another from acquiring information pertinent to the
disposition of the property involved; or
(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 which 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 shall 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] (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] 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] 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. (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](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] (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] (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; or
(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]
(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 OFFENSESAs 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. (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.
(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 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 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 (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 defendant’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
defendant’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,
traveler’s checks, personal checks, bank checks, cashier’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.(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 person’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.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 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] (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] (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] (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] 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 guest’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] (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] (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
merchant’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] (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] (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] (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. 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.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. (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 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]ARSON AND RELATED OFFENSES (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] (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] (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]CRIMINAL MISCHIEF AND RELATED OFFENSES (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] (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] (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 physician’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, people’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] 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. (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] (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, customers’ 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]GRAFFITI-RELATED OFFENSESAs 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. (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. (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.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.ROBBERY (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] (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] (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; or
(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]LITTERING(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 operator’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](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] (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; or
(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 which the person is operating; except that
this subsection shall 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, “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) As used in this section, “public transportation facility” has
the meaning provided for in ORS 164.365.
(4) Offensive littering is a Class C misdemeanor. [1971 c.743 §283;
1975 c.344 §2; 1983 c.338 §897; 1985 c.420 §20]UNLAWFUL TRANSPORT
(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 owner’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]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. (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
Oregon and intended for use as a feed.
(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](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 owner’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]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.(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](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](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] (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 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. (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] 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. 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. (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. (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. (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.
(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. (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](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. [1989 c.1003
§§2,3] (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. (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. (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. (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.
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