Any person who willfully opens or reads, or causes to be
opened and read, any sealed letter not addressed to the person, without
being authorized so to do either by the writer of such letter or by the
person to whom it is addressed, or who willfully, without like authority,
publishes any letter or portion thereof knowing it to have been so
opened, shall be punished upon conviction by imprisonment in the county
jail for not less than one month nor more than one year, or by fine not
less than $50 nor more than $500. This section does not extend to or
include any act made punishable by the laws of the United States.As used in ORS 41.910, 133.723, 133.724, 165.540 and
165.545:
(1) “Conversation” means the transmission between two or more
persons of an oral communication which is not a telecommunication or a
radio communication.
(2) “Person” means any person as defined in ORS 174.100 and
includes public officials and law enforcement officers of the state,
county, municipal corporation or any other political subdivision of the
state.
(3) “Radio communication” means the transmission by radio or other
wireless methods of writing, signs, signals, pictures and sounds of all
kinds, including all instrumentalities, facilities, equipment and
services (including, among other things, the receipt, forwarding and
delivering of communications) incidental to such transmission.
(4) “Telecommunication” means the transmission of writing, signs,
signals, pictures and sounds of all kinds by aid of wire, cable or other
similar connection between the points of origin and reception of such
transmission, including all instrumentalities, facilities, equipment and
services (including, among other things, the receipt, forwarding and
delivering of communications) incidental to such transmission. [1955
c.675 §1; 1959 c.681 §1; 1983 c.740 §34] (1) Except as
otherwise provided in ORS 133.724 or 133.726 or subsections (2) to (7) of
this section, a person may not:
(a) Obtain or attempt to obtain the whole or any part of a
telecommunication or a radio communication to which the person is not a
participant, by means of any device, contrivance, machine or apparatus,
whether electrical, mechanical, manual or otherwise, unless consent is
given by at least one participant.
(b) Tamper with the wires, connections, boxes, fuses, circuits,
lines or any other equipment or facilities of a telecommunication or
radio communication company over which messages are transmitted, with the
intent to obtain unlawfully the contents of a telecommunication or radio
communication to which the person is not a participant.
(c) Obtain or attempt to obtain the whole or any part of a
conversation by means of any device, contrivance, machine or apparatus,
whether electrical, mechanical, manual or otherwise, if not all
participants in the conversation are specifically informed that their
conversation is being obtained.
(d) Obtain the whole or any part of a conversation,
telecommunication or radio communication from any person, while knowing
or having good reason to believe that the conversation, telecommunication
or radio communication was initially obtained in a manner prohibited by
this section.
(e) Use or attempt to use, or divulge to others, any conversation,
telecommunication or radio communication obtained by any means prohibited
by this section.
(2)(a) The prohibitions in subsection (1)(a), (b) and (c) of this
section do not apply to:
(A) Officers, employees or agents of a telecommunication or radio
communication company who perform the acts prohibited by subsection
(1)(a), (b) and (c) of this section for the purpose of construction,
maintenance or conducting of their telecommunication or radio
communication service, facilities or equipment.
(B) Public officials in charge of and at jails, police premises,
sheriffs’ offices, Department of Corrections institutions and other penal
or correctional institutions, except as to communications or
conversations between an attorney and the client of the attorney.
(b) Officers, employees or agents of a telecommunication or radio
communication company who obtain information under paragraph (a) of this
subsection may not use or attempt to use, or divulge to others, the
information except for the purpose of construction, maintenance, or
conducting of their telecommunication or radio communication service,
facilities or equipment.
(3) The prohibitions in subsection (1)(a), (b) or (c) of this
section do not apply to subscribers or members of their family who
perform the acts prohibited in subsection (1) of this section in their
homes.
(4) The prohibitions in subsection (1)(a) of this section do not
apply to the receiving or obtaining of the contents of any radio or
television broadcast transmitted for the use of the general public.
(5) The prohibitions in subsection (1)(c) of this section do not
apply to a person who records a conversation during a felony that
endangers human life.
(6) The prohibitions in subsection (1)(c) of this section do not
apply to persons who intercept or attempt to intercept with an
unconcealed recording device the oral communications that are part of any
of the following proceedings:
(a) Public or semipublic meetings such as hearings before
governmental or quasi-governmental bodies, trials, press conferences,
public speeches, rallies and sporting or other events;
(b) Regularly scheduled classes or similar educational activities
in public or private institutions; or
(c) Private meetings or conferences if all others involved knew or
reasonably should have known that the recording was being made.
(7) The prohibitions in subsection (1)(a), (c), (d) and (e) of this
section do not apply to any:
(a) Radio communication that is transmitted by a station operating
on an authorized frequency within the amateur or citizens bands; or
(b) Person who intercepts a radio communication that is transmitted
by any governmental, law enforcement, civil defense or public safety
communications system, including police and fire, readily accessible to
the general public provided that the interception is not for purposes of
illegal activity.
(8) Violation of subsection (1) or (2)(b) of this section is a
Class A misdemeanor. [1955 c.675 §§2,7; 1959 c.681 §2; 1961 c.460 §1;
1979 c.744 §9; 1983 c.693 §1; 1983 c.740 §35; 1983 c.824 §1; 1987 c.320
§87; 1989 c.983 §14a; 1989 c.1078 §1; 2001 c.104 §54; 2001 c.385 §4; 2003
c.14 §62](1) Within 30 days after the use of an electronic listening
device under ORS 133.726 (7) or 165.540 (5), the law enforcement agency
using the device shall report to the district attorney of the county in
the agency’s jurisdiction:
(a) The number of uses of the device and duration of the
interceptions made by the law enforcement agency;
(b) The offense investigated;
(c) The identity of the law enforcement agency intercepting the
communication; and
(d) Whether the person wearing the device was a law enforcement
officer or a person under the supervision of the officer and the number
of persons in each category who wore the device.
(2) During January of each year, the district attorney of a county
in which electronic listening devices were used under ORS 133.726 (7) or
165.540 (5) shall report to the Department of Justice:
(a) The information required by subsection (1) of this section with
respect to the use of electronic listening devices during the preceding
calendar year; and
(b) The aggregate number of instances in which electronic listening
devices have been used in the county under ORS 133.726 (7) or 165.540 (5)
during the preceding calendar year.
(3) The law enforcement agency shall include as part of the case
file any use of electronic listening devices under ORS 133.726 (7) or
165.540 (5).
(4) During April of each odd-numbered calendar year, the Department
of Justice shall transmit to the Legislative Assembly a report including
a summary of the information required by subsections (1) and (2) of this
section.
(5) Failure to comply with the reporting requirements of this
section shall not affect the admissibility of evidence. [1989 c.1078 §2;
2001 c.385 §7] (1) Except as provided in
ORS 133.724 or as provided in ORS 165.540 (2)(a), any person who
willfully intercepts, attempts to intercept or procures any other person
to intercept or attempt to intercept any wire or oral communication where
such person is not a party to the communication and where none of the
parties to the communication has given prior consent to the interception,
is guilty of a Class A misdemeanor.
(2) As used in this section, the terms “intercept” and “wire or
oral communication” have the meanings provided under ORS 133.721. [1983
c.824 §3]
Nothing in ORS 165.535, 165.540 and this section, shall be construed as
preventing fire or police governmental entities from recording, replaying
or broadcasting telecommunication or radio communication that directly
concern police or fire operation at the telephone or radio operation
center or centers of such governmental entity. [1959 c.681 §6; 1981 c.806
§2; 1983 c.740 §36](1) A supervising
law enforcement official having jurisdiction in a geographical area in
which the official has probable cause to believe that a hostage is being
held may order a telephone company security employee or alternate
described in subsection (2) of this section to cut, reroute or divert
telephone lines to prevent telephone communications between the
individual holding the hostage and any individual other than a peace
officer or an individual designated by the peace officer.
(2) The telephone company providing service within a geographical
area shall notify, in writing, all law enforcement agencies having
jurisdiction in that area of the address and telephone number of its
security office or other office designated to provide the assistance to
law enforcement officials required under this section. The telephone
company shall also provide, in writing, the telephone number where the
security representative or other telephone company official authorized to
provide assistance under this section can be reached at any time. The
telephone company shall notify the law enforcement agencies of any change
in the information required under this subsection.
(3) Good faith reliance upon an order by a supervising law
enforcement official is a complete defense to any civil or criminal
action arising out of the cutting, rerouting or diverting of a telephone
line pursuant to this section. [1979 c.605 §1](1) No person shall solicit by telephone
contributions of money or any other thing of value, whether or not in
exchange for a ticket or any other thing of value, for a charitable or
eleemosynary purpose, whether bona fide or purported, unless the person:
(a) Has been a member in full standing for at least six months of
the charitable organization conducting the solicitation and is
participating in the solicitation on an uncompensated basis;
(b) Has been employed directly by the charitable organization
conducting the solicitation for at least six months prior to the
solicitation and is receiving a substantial salary; or
(c) And the person solicited are personally known to each other.
(2) Any violation of subsection (1) of this section is a Class C
misdemeanor. [1973 c.473 §§1,4]A city or county may enact ordinances which are
more strict than ORS 165.555 to 165.565. ORS 165.555 to 165.565 do not
affect any ordinances which are more strict than ORS 165.555 to 165.565
and are in effect on October 5, 1973. [1973 c.473 §3] (1) A person
commits the crime of improper use of an emergency reporting system if the
person knowingly:
(a) Calls a 9-1-1 emergency reporting system or the School Safety
Hotline for a purpose other than to report a situation that the person
reasonably believes requires prompt service in order to preserve human
life or property; or
(b) Allows another person to use telephone equipment owned, rented
or leased by or under the control of the person to call a 9-1-1 emergency
reporting system or the School Safety Hotline for a purpose other than to
report a situation that the other person reasonably believes requires
prompt service in order to preserve human life or property.
(2) As used in this section:
(a) “9-1-1 emergency reporting system” has the meaning given that
term in ORS 401.710.
(b) “School Safety Hotline” means the toll-free telephone line
established under ORS 180.650.
(3) Improper use of an emergency reporting system is a Class A
misdemeanor. [1995 c.566 §1; 2001 c.619 §4] (1) A person commits the
crime of interference with making a report if the person, by removing,
damaging or interfering with a telephone line, telephone or similar
communication equipment, intentionally prevents or hinders another person
from making a report to a law enforcement agency, a law enforcement
official, an agency charged with the duty of taking public safety reports
or a 9-1-1 emergency reporting system.
(2) Interference with making a report is a Class A misdemeanor.
[1999 c.946 §1]CELLULAR TELEPHONESAs used in ORS 165.575 to 165.583:
(1) “Cellular telephone” means a radio telecommunications device
that may be used to obtain access to the public and cellular switch
telephone networks and that is programmed by the manufacturer with an
electronic serial number.
(2) “Cellular telephone service” means all services and cellular
telephone equipment and capabilities available from a provider to an end
user for a fee.
(3) “Cloned cellular telephone” or “counterfeit cellular telephone”
means a cellular telephone, the electronic serial number of which has
been altered by someone other than the manufacturer.
(4) “Cloning paraphernalia” means materials that, when possessed in
combination, are capable of creating a cloned cellular telephone.
“Cloning paraphernalia” includes, but is not limited to:
(a) Scanners to intercept electronic serial numbers and mobile
identification numbers;
(b) Cellular telephones;
(c) Cables;
(d) EPROM chips;
(e) EPROM burners;
(f) Software for programming the cellular telephone with a false
electronic serial number, mobile identification number, other
identifiable data or a combination thereof;
(g) Computers containing software described in paragraph (f) of
this subsection; and
(h) Lists of electronic serial number and mobile identification
number combinations.
(5) “Electronic serial number” means a unique number that is
programmed into a cellular telephone by the manufacturer, transmitted by
the cellular telephone and used by cellular telephone providers to
validate radio transmissions to the system as having been made by an
authorized device.
(6) “End user” is a person who pays a fee to subscribe to cellular
telephone service from a provider or a person receiving a call from or
sending a call to the person paying or subscribing for cellular telephone
service.
(7) “Intercept” means to electronically capture, record, reveal or
otherwise access the signals emitted or received during the operation of
a cellular telephone by any instrument, device or equipment without the
consent of the sender or receiver.
(8) “Mobile identification number” means the cellular telephone
number assigned to the cellular telephone by the cellular telephone
provider.
(9) “Provider” means a licensed seller of cellular telephone
service or a reselling agent authorized by a licensed seller. [1995 c.524
§1] (1) A person
commits the crime of cellular counterfeiting in the third degree if the
person knowingly possesses a cloned cellular telephone and knows that the
telephone is unlawfully cloned.
(2) Cellular counterfeiting in the third degree is a Class A
misdemeanor. [1995 c.524 §2] (1) A person
commits the crime of cellular counterfeiting in the second degree if the
person knowingly possesses, and knows the unlawful nature of using, any
cloning paraphernalia or any instrument capable of intercepting
electronic serial numbers, mobile identification numbers, other
identifiable data or a combination thereof and:
(a) Causes more than $100 in losses or damages; or
(b) Intercepts or obtains, or attempts to intercept or obtain,
cellular telephone service of more than $100 in value.
(2) Cellular counterfeiting in the second degree is a Class C
felony. [1995 c.524 §3] (1) A person
commits the crime of cellular counterfeiting in the first degree if the
person knowingly possesses or distributes, and knows the unlawful nature
of using, any cloning paraphernalia or any instrument capable of
intercepting electronic serial numbers, mobile identification numbers,
other identifiable data or a combination thereof and agrees with,
encourages, solicits or permits one or more other persons to engage in or
cause, or obtain cellular telephone service through, cellular
counterfeiting and:
(a) Causes more than $100 in losses or damages; or
(b) Intercepts, obtains or causes to be obtained cellular telephone
service of more than $100 in value.
(2) Cellular counterfeiting in the first degree is a Class B
felony. [1995 c.524 §4] The
provisions of ORS 165.577, 165.579 and 165.581 do not apply to:
(1) Officers, employees or agents of cellular telephone service
providers who engage in conduct prohibited by ORS 165.577, 165.579 or
165.581 for the purpose of constructing, maintaining or conducting the
radio telecommunication service or for law enforcement purposes;
(2) Law enforcement officers and public officials in charge of
jails, police premises, sheriffs’ offices, Department of Corrections
institutions and other penal or correctional institutions, or any other
person under the color of law, who engages in conduct prohibited by ORS
165.577, 165.579 or 165.581 for the purpose of law enforcement or in the
normal course of the officer’s or official’s employment activities or
duties; and
(3) Officers, employees or agents of federal or state agencies that
are authorized to monitor or intercept cellular telephone service in the
normal course of the officer’s, employee’s or agent’s employment. [1995
c.524 §5]USE OF PEN REGISTERS AND TRAP AND TRACE DEVICES As used in ORS
165.659 to 165.669, unless the context requires otherwise:
(1) “Electronic communication” has the meaning given in ORS 133.721.
(2) “Pen register” means a device which records or decodes
electronic or other impulses which identify the numbers dialed or
otherwise transmitted on the telephone line to which such device is
attached, but does not include any device used by a provider or customer
of a provider of electronic or wire communication service for billing or
recording as an incident to billing for communications services provided
by such provider or any device used by a provider or customer of a wire
communication service for cost accounting or other like purposes in the
ordinary course of its business.
(3) “Police officer” has the meaning given in ORS 133.525.
(4) “Trap and trace device” means a device which captures the
incoming electronic or other impulses which identify the originating
number of an instrument or device from which a wire or electronic
communication was transmitted.
(5) “Wire communication” has the meaning given in ORS 133.721.
[1989 c.983 §15]Except as provided in ORS 133.545,
133.575, 133.595, 133.617, 133.619, 133.721, 133.724, 133.729, 133.731,
133.735, 133.737, 133.739, 165.540 and 165.657 to 165.673, no person may
install or use a pen register or trap and trace device. [1989 c.983 §16] The
provider of electronic or wire communication service may use a pen
register or a trap and trace device:
(1) In the operation, maintenance and testing of a wire or
electronic communication service or in the protection of the rights or
property of such provider or in the protection of users of that service
from abuse of service or unlawful use of service;
(2) To record the fact that a wire or electronic communication was
initiated or completed in order to protect such provider, another
provider furnishing service toward the completion of the wire
communication or a user of that service, from fraudulent, unlawful or
abusive use of service; or
(3) When the consent of the user of that service has been obtained.
[1989 c.983 §17]
Any police officer may apply to the circuit court in which judicial
district the targeted telephone is located for an ex parte order or
extension of an order authorizing the installation and use of a pen
register or a trap and trace device. The application shall:
(1) Be in writing under oath;
(2) Include the identity of the applicant and the identity of the
law enforcement agency conducting the investigation;
(3) Contain a statement demonstrating that there is probable cause
to believe that an individual is committing, has committed or is about to
commit:
(a) A particular felony of murder, kidnapping, arson, robbery,
bribery, extortion or other crime dangerous to life and punishable as a
felony;
(b) A crime punishable as a felony under ORS 475.840, 475.846 to
475.894 or 475.906;
(c) A crime under ORS 166.720 that includes as part of the pattern
of racketeering activity at least one incident of conduct that
constitutes a felony; or
(d) Any conspiracy to commit a crime described in paragraphs (a) to
(c) of this subsection; and
(4) Contain a statement demonstrating that use of a pen register or
trap and trace device will yield evidence relevant to the crime. [1989
c.983 §18; 2003 c.451 §1; 2005 c.708 §49] (1) Upon
application made under ORS 133.545, the court shall enter an ex parte
order authorizing the installation and use of a pen register or a trap
and trace device if the court finds that there is probable cause to
believe that:
(a) An individual is committing, has committed or is about to
commit:
(A) A particular felony of murder, kidnapping, arson, robbery,
bribery, extortion or other crime dangerous to life and punishable as a
felony;
(B) A crime punishable as a felony under ORS 475.840, 475.846 to
475.894 or 475.906;
(C) A crime under ORS 166.720 that includes as part of the pattern
of racketeering activity at least one incident of conduct that
constitutes a felony; or
(D) Any conspiracy to commit a crime described in subparagraphs (A)
to (C) of this paragraph; and
(b) Use of a pen register or trap and trace device will yield
evidence relevant to the crime.
(2) The order shall:
(a) Specify the identity, if known, of the person to whom is leased
or in whose name is listed the telephone line to which the pen register
or trap and trace device is to be attached;
(b) Specify the identity, if known, of the person who is the
subject of the criminal investigation;
(c) Specify the number and, if known, physical location of the
telephone number to which the pen register or trap and trace device is to
be attached and, in the case of a trap and trace device, the geographic
limits of the trap and trace order;
(d) Contain a statement of the offense to which the information
likely to be obtained by the pen register or trap and trace device
relates;
(e) Direct, upon the request of the applicant, the furnishing of
information, facilities and technical assistance necessary to accomplish
the installation of the pen register or trap and trace device;
(f) Authorize the installation and use of a pen register or a trap
and trace device for a period not to exceed 30 days, which may be
extended by application and order for a period not to exceed an
additional 30 days;
(g) Direct that the order and application be sealed until otherwise
ordered by the court; and
(h) Direct the person owning or leasing the line to which the pen
register or the trap and trace device is attached, or who has been
ordered by the court to provide assistance to the applicant, not to
disclose the existence of the pen register or trap and trace device or
the existence of the investigation to the listed subscriber or to any
other person, unless or until otherwise ordered by the court. [1989 c.983
§19; 2003 c.451 §2; 2005 c.708 §50](1) Upon service of an order issued
under ORS 133.545, 133.575, 133.595, 133.617, 133.619, 133.721, 133.724,
133.729, 133.731, 133.735, 133.737, 133.739, 165.540 and 165.657 to
165.673, a provider of wire or electronic communication service,
landlord, custodian or other person shall furnish the investigating law
enforcement agency forthwith with all information, facilities and
technical assistance necessary to accomplish the installation of the pen
register unobtrusively and with a minimum of interference with the
services that the person so ordered by the court accords the party with
respect to whom the installation and use is to take place, if such
assistance is directed by the order.
(2) Under service of an order issued under ORS 133.545, 133.575,
133.595, 133.617, 133.619, 133.721, 133.724, 133.729, 133.731, 133.735,
133.737, 133.739, 165.540 and 165.657 to 165.673, a provider of wire or
electronic communication service, landlord, custodian or other person
shall furnish the investigating law enforcement agency forthwith with all
information, facilities and technical assistance necessary to accomplish
the installation of the trap and trace device unobtrusively and with a
minimum of interference with the services that the person so ordered by
the court accords the party with respect to whom the installation and use
is to take place, if such assistance is directed by the order. Unless
otherwise ordered by the court, the results of the trap and trace device
shall be furnished to the police officer designated in the order at
reasonable intervals during regular business hours for the duration of
the order.
(3) A provider of wire or electronic communication service,
landlord, custodian or other person who furnishes facilities or technical
assistance pursuant to ORS 133.545, 133.575, 133.595, 133.617, 133.619,
133.721, 133.724, 133.729, 133.731, 133.735, 133.737, 133.739, 165.540
and 165.657 to 165.673 shall be reasonably compensated for such
reasonable expenses incurred in providing such facilities and assistance.
(4) No cause of action shall lie in any court against any provider
of wire or electronic communication service, its officers, employees,
agents or other specified persons for providing information, facilities
or assistance in accordance with the terms of a court order under ORS
133.545, 133.575, 133.595, 133.617, 133.619, 133.721, 133.724, 133.729,
133.731, 133.735, 133.737, 133.739, 165.540 and 165.657 to 165.673. [1989
c.983 §§20,21,22,23] A good faith reliance
on a court order, a legislative authorization or a statutory
authorization is a complete defense against any civil or criminal action
brought under ORS 133.545, 133.575, 133.595, 133.617, 133.619, 133.721,
133.724, 133.726, 133.729, 133.731, 133.735, 133.737, 133.739, 165.540
and 165.657 to 165.673. [1989 c.983 §24; 2001 c.385 §8] No law
enforcement agency shall disclose lists of telephone numbers produced by
a pen register or trap and trace device except in the performance of a
law enforcement function or as otherwise provided by law or order of a
court. [1989 c.983 §25]FALSE CLAIMS FOR HEALTH CARE PAYMENTSAs used in ORS 165.690, 165.692 and 165.694:
(1) “Claim for health care payment” means any request or demand for
a health care payment, whether made in the form of a bill, claim form,
cost report, invoice, electronic transmission or any other document.
“Claim for health care payment” does not include any statement by a
person on an application for coverage under a contract or certificate of
health care coverage issued by an insurer, health care service
contractor, health maintenance organization or other legal entity that is
self-insured and provides health care benefits to its employees.
(2) “Health care payment” means money paid in compensation for the
delivery of specified health care services, whether under a contract,
certificate or policy of insurance, by a health care payor.
(3) “Health care payor” means:
(a) Any insurance company authorized to provide health insurance in
this state;
(b) A health maintenance organization;
(c) A health care service contractor;
(d) Any legal entity that is self-insured and provides benefits for
health care services to its employees;
(e) Any legal entity responsible for handling claims for health
care services under a state or federal medical assistance program;
(f) The State of Oregon or any local government within this state
that makes payments for health care services;
(g) Any insurer authorized under ORS chapter 731 to transact
workers’ compensation or casualty insurance in this state; or
(h) Any employer authorized under ORS chapter 656 to self-insure
its workers’ compensation risk.
(4) “Health care services” means any medical or remedial care or
service, including supplies delivered in connection with the care or
service, that is recognized under state law.
(5) “Person” means an individual, corporation, partnership or
association that provides health care services or any other form of legal
or business entity that provides health care services. [1995 c.496 §1;
2001 c.556 §1] A person
commits the crime of making a false claim for health care payment when
the person:
(1) Knowingly makes or causes to be made a claim for health care
payment that contains any false statement or false representation of a
material fact in order to receive a health care payment; or
(2) Knowingly conceals from or fails to disclose to a health care
payor the occurrence of any event or the existence of any information
with the intent to obtain a health care payment to which the person is
not entitled, or to obtain or retain a health care payment in an amount
greater than that to which the person is or was entitled. [1995 c.496 §2] (1) Single acts of making a false
claim for health care payment may be added together into aggregated
counts of making false claims for health care payments if the acts were
committed:
(a) Against multiple health care payors by similar means within a
30-day period; or
(b) Against the same health care payor, or a contractor, or
contractors, of the same health care payor, within a 180-day period.
(2) The charging instrument must identify those claims that are
part of any aggregated counts. [1995 c.496 §3] The district attorney or the
Attorney General may commence a prosecution under ORS 165.692. [1995
c.496 §6] The prosecuting attorney shall notify
the Department of Human Services and any appropriate licensing boards of
the conviction of a person under ORS 165.692. [1995 c.496 §5]MISCELLANEOUS (1) A person commits the crime of identity
theft if the person, with the intent to deceive or to defraud, obtains,
possesses, transfers, creates, utters or converts to the person’s own use
the personal identification of another person.
(2) Identity theft is a Class C felony.
(3) It is an affirmative defense to violating subsection (1) of
this section that the person charged with the offense:
(a) Was under 21 years of age at the time of committing the offense
and the person used the personal identification of another person solely
for the purpose of purchasing alcohol;
(b) Was under 18 years of age at the time of committing the offense
and the person used the personal identification of another person solely
for the purpose of purchasing tobacco products; or
(c) Used the personal identification of another person solely for
the purpose of misrepresenting the person’s age to gain access to a:
(A) Place the access to which is restricted based on age; or
(B) Benefit based on age.
(4) As used in this section:
(a) “Another person” means a real or imaginary person.
(b) “Personal identification” includes, but is not limited to, any
written document or electronic data that does, or purports to, provide
information concerning:
(A) A person’s name, address or telephone number;
(B) A person’s driving privileges;
(C) A person’s Social Security number or tax identification number;
(D) A person’s citizenship status or alien identification number;
(E) A person’s employment status, employer or place of employment;
(F) The identification number assigned to a person by a person’s
employer;
(G) The maiden name of a person or a person’s mother;
(H) The identifying number of a person’s depository account at a
financial institution, as defined in ORS 706.008, or a credit card
account;
(I) A person’s signature or a copy of a person’s signature;
(J) A person’s electronic mail name, electronic mail signature,
electronic mail address or electronic mail account;
(K) A person’s photograph;
(L) A person’s date of birth; and
(M) A person’s personal identification number. [1999 c.1022 §1;
2001 c.870 §3] (1) A person commits
the crime of misrepresentation of age by a minor if:
(a) Being less than a certain, specified age, the person knowingly
purports to be of any age other than the true age of the person with the
intent of securing a right, benefit or privilege which by law is denied
to persons under that certain, specified age; or
(b) Being unmarried, the person knowingly represents that the
person is married with the intent of securing a right, benefit or
privilege which by law is denied to unmarried persons.
(2) Misrepresentation of age by a minor is a Class C misdemeanor.
(3) In addition to and not in lieu of any other penalty established
by law, a person who, using a driver permit or license or other
identification issued by the Department of Transportation of this state
or its equivalent in another state, commits the crime of
misrepresentation of age by a minor in order to purchase or consume
alcoholic liquor may be required to perform community service and the
court shall order that the person’s driving privileges and right to apply
for driving privileges be suspended for a period not to exceed one year.
If a court has issued an order denying driving privileges under this
section, the court, upon petition of the person, may withdraw the order
at any time the court deems appropriate. The court notification to the
department under this subsection may include a recommendation that the
person be granted a hardship permit under ORS 807.240 if the person is
otherwise eligible for the permit.
(4) The prohibitions of this section do not apply to any person
acting under the direction of the Oregon Liquor Control Commission or
under the direction of state or local law enforcement agencies for the
purpose of investigating possible violations of laws prohibiting sales of
alcoholic beverages to persons who are under a certain, specified age.
(5) The prohibitions of this section do not apply to a person under
the age of 21 years who is acting under the direction of a licensee for
the purpose of investigating possible violations by employees of the
licensee of laws prohibiting sales of alcoholic beverages to persons who
are under the age of 21 years. [1971 c.743 §285; 1991 c.860 §1; 1993 c.18
§25; 2001 c.791 §3]
(1) A person commits the crime of unlawful possession of a personal
identification device if the person possesses a personal identification
device with the intent to use the device to commit a crime. As used in
this subsection, “personal identification device” means a device that is
used to manufacture or print:
(a) A driver license or permit or an identification card issued by
any state or the federal government;
(b) An employee identification card issued by an employer; or
(c) A credit or debit card.
(2) Unlawful possession of a personal identification device is a
Class C felony. [2003 c.632 §1] (1) A
person commits the crime of unlawful possession of fictitious
identification if the person possesses a personal identification card
containing identification information for a fictitious person with the
intent to use the personal identification card to commit a crime.
(2) Unlawful possession of fictitious identification is a Class C
felony.
(3) It is an affirmative defense to violating subsection (1) of
this section that the person charged with the offense:
(a) Was under 21 years of age at the time of committing the offense
and the person possessed the personal identification card solely for the
purpose of enabling the person to purchase alcohol; or
(b) Was under 18 years of age at the time of committing the offense
and the person possessed the personal identification card solely for the
purpose of enabling the person to purchase tobacco products. [2003 c.632
§2] (1) No person shall sell or offer
for sale any horse that is drugged, tranquilized or otherwise sedated
without the consent of the buyer.
(2) Violation of subsection (1) of this section is a misdemeanor.
[1971 c.175 §§1,2]
As used in ORS 165.845 and 165.850, “telegraphic copy” means any copy of
a message made or prepared for delivery at the office to which the
message may have been sent by telegraph. [Formerly 757.631](1) Checks,
due bills, promissory notes, bills of exchange and all orders or
agreements for the payment or delivery of money or other thing of value
may be made or drawn by telegraph, and when so made or drawn:
(a) Have the same force and effect to charge the maker, drawer,
indorser or acceptor thereof;
(b) Create the same rights and equities in favor of the payee,
drawee, indorsee, acceptor, holder or bearer thereof; and
(c) Are entitled to the same days of grace, as if duly made or
drawn and delivered in writing.
(2) No person other than the maker or drawer thereof shall cause
any such instrument to be sent by telegraph so as to charge any person
thereby.
(3) Whenever the genuineness or execution of any such instrument
received by telegraph is denied on oath by the person sought to be
charged thereby, it is incumbent upon the party claiming under or
alleging the same to prove the existence and execution of the original
writing from which the telegraphic copy was transmitted.
(4) The original message shall in all cases be preserved in the
telegraph office from which it is sent. [Formerly 757.636; 1981 c.892 §91]Whenever any document to be sent by telegraph bears a seal,
either private or official, it is not necessary for the operator to
telegraph a description of the seal, or any word or device thereon, but
the seal may be expressed in the telegraphic copy by the letters “L. S.,”
or by the word “seal.” [Formerly 757.641]PENALTIES (1) Any officer, agent, operator or employee of
any telegraph company who refuses or willfully omits to transmit
communications in accordance with ORS 165.480, or designedly alters or
falsifies such communications, is liable to indictment and, upon
conviction, may be punished by fine or imprisonment, at the discretion of
the court.
(2) Violation of ORS 165.485 or 165.490 is punishable, upon
conviction, by a fine of not exceeding $1,000 or imprisonment in the
county jail for not exceeding one year, or both.
(3) Violation of ORS 165.495 is punishable, upon conviction, by a
fine of not exceeding $500 or imprisonment in the county jail for not
exceeding six months, or both.
(4)(a) Violation of ORS 165.692 is a Class C felony punishable as
provided in ORS chapter 161.
(b) Criminal prosecution of violators of ORS 165.692 shall be
commenced within five years after the commission of the crime. [Formerly
757.992; subsection (4) of 1995 Edition enacted as 1995 c.496 §4]
_______________
As used in ORS
165.002 to 165.027, and 165.032 to 165.070, unless the context requires
otherwise:
(1) “Written instrument” means any paper, document, instrument,
article or electronic record containing written or printed matter or the
equivalent thereof, whether complete or incomplete, used for the purpose
of reciting, embodying, conveying or recording information or
constituting a symbol or evidence of value, right, privilege or
identification, which is capable of being used to the advantage or
disadvantage of some person.
(2) “Complete written instrument” means one which purports to be a
genuine written instrument fully drawn with respect to every essential
feature thereof.
(3) “Incomplete written instrument” means one which contains some
matter by way of content or authentication but which requires additional
matter in order to render it a complete written instrument.
(4) To “falsely make” a written instrument means to make or draw a
complete written instrument in its entirety, or an incomplete written
instrument which purports to be an authentic creation of its ostensible
maker, but which is not, either because the ostensible maker is
fictitious or because, if real, the ostensible maker did not authorize
the making or drawing thereof.
(5) To “falsely complete” a written instrument means to transform,
by adding, inserting or changing matter, an incomplete written instrument
into a complete one, without the authority of anyone entitled to grant
it, so that the complete written instrument falsely appears or purports
to be in all respects an authentic creation of its ostensible maker or
authorized by the ostensible maker.
(6) To “falsely alter” a written instrument means to change,
without authorization by anyone entitled to grant it, a written
instrument, whether complete or incomplete, by means of erasure,
obliteration, deletion, insertion of new matter, transposition of matter,
or in any other manner, so that the instrument so altered falsely appears
or purports to be in all respects an authentic creation of its ostensible
maker or authorized by the ostensible maker.
(7) To “utter” means to issue, deliver, publish, circulate,
disseminate, transfer or tender a written instrument or other object to
another.
(8) “Forged instrument” means a written instrument which has been
falsely made, completed or altered.
(9) “Electronic record” has the meaning given that term in ORS
84.004.
(10) “Signature” includes, but is not limited to, an electronic
signature, as defined in ORS 84.004. [1971 c.743 §151; 2001 c.535 §27] (1) A person commits the
crime of forgery in the second degree if, with intent to injure or
defraud, the person:
(a) Falsely makes, completes or alters a written instrument; or
(b) Utters a written instrument which the person knows to be forged.
(2) Forgery in the second degree is a Class A misdemeanor. [1971
c.743 §152] (1) A person commits the crime
of forgery in the first degree if the person violates ORS 165.007:
(a) And the written instrument is or purports to be any of the
following:
(A) Part of an issue of money, securities, postage or revenue
stamps, or other valuable instruments issued by a government or
governmental agency;
(B) Part of an issue of stock, bonds or other instruments
representing interests in or claims against any property or person;
(C) A deed, will, codicil, contract or assignment;
(D) A check for $1,000 or more, a credit card purchase slip for
$1,000 or more, or a combination of checks and credit card purchase slips
that, in the aggregate, total $1,000 or more, or any other commercial
instrument or other document that does or may evidence, create, transfer,
alter, terminate or otherwise affect a legal right, interest, obligation
or status; or
(E) A public record; or
(b) By falsely making, completing or altering, or by uttering, at
least 15 retail sales receipts, Universal Product Code labels, EAN-8
labels or EAN-13 labels or a combination of at least 15 retail sales
receipts, Universal Product Code labels, EAN-8 labels or EAN-13 labels.
(2) The value of single check or credit card transactions may be
added together under subsection (1)(a)(D) of this section if the
transactions were committed:
(a) Against multiple victims within a 30-day period; or
(b) Against the same victim within a 180-day period.
(3) Forgery in the first degree is a Class C felony. [1971 c.743
§153; 1993 c.680 §25; 2005 c.761 §1](1) A person commits the crime of criminal possession of a forged
instrument in the second degree if, knowing it to be forged and with
intent to utter same, the person possesses a forged instrument.
(2) Criminal possession of a forged instrument in the second degree
is a Class A misdemeanor. [1971 c.743 §154](1) A person commits the crime of criminal possession of a forged
instrument in the first degree if, knowing it to be forged and with
intent to utter same, the person possesses a forged instrument of the
kind and in the amount specified in ORS 165.013 (1).
(2) Criminal possession of a forged instrument in the first degree
is a Class C felony. [1971 c.743 §155; 2005 c.761 §2](1) In any prosecution for forgery of a bank bill or
note or for criminal possession of a forged bank bill or note, the
testimony of any person acquainted with the signature of the officer or
agent authorized to sign the bills or notes of the bank of which such
bill or note is alleged to be a forgery, or who has knowledge of the
difference in appearance of the true and forged bills or notes thereof,
may be admitted to prove that it is a forgery.
(2) In any prosecution for forgery or for criminal possession of
any note, certificate, bond, bill of credit, or other security or
evidence of debt issued on behalf of the United States or any state or
territory, the certificate duly sworn to of the Secretary of the
Treasury, or of the Treasurer of the United States, or of the secretary
or treasurer of any state or treasury on whose behalf the note,
certificate, bond, bill of credit or other security or evidence of debt
purports to have been issued, shall be admitted as evidence to prove that
it is a forgery. [1971 c.743 §290] (1) A person
commits the crime of criminal possession of a forgery device if:
(a) The person makes or possesses with knowledge of its character
any plate, die or other device, apparatus, equipment or article
specifically designed for use in counterfeiting or otherwise forging
written instruments; or
(b) With intent to use, or to aid or permit another to use, the
same for purposes of forgery, the person makes or possesses any device,
apparatus, equipment or article capable of or adaptable to such use.
(2) Criminal possession of a forgery device is a Class C felony.
[1971 c.743 §156] (1) A person commits the crime of
criminal simulation if:
(a) With intent to defraud, the person makes or alters any object
in such a manner that it appears to have an antiquity, rarity, source or
authorship that it does not in fact possess; or
(b) With knowledge of its true character and with intent to
defraud, the person utters or possesses an object so simulated.
(2) Criminal simulation is a Class A misdemeanor. [1971 c.743 §157] (1) A person commits
the crime of fraudulently obtaining a signature if, with intent to
defraud or injure another, the person obtains the signature of a person
to a written instrument by knowingly misrepresenting any fact.
(2) Fraudulently obtaining a signature is a Class A misdemeanor.
[1971 c.743 §158] (1) A person commits the crime of
unlawfully using slugs if:
(a) With intent to defraud the supplier of property or a service
sold or offered by means of a coin machine, the person inserts, deposits
or otherwise uses a slug in such machine; or
(b) The person makes, possesses, offers for sale or disposes of a
slug with intent to enable a person to use it fraudulently in a coin
machine.
(2) As used in this section:
(a) “Coin machine” means a coin box, turnstile, vending machine, or
other mechanical or electronic device or receptacle designed to receive a
coin or bill of a certain denomination or a token made for such purpose,
and in return for the insertion or deposit thereof, automatically to
offer, provide, assist in providing or permit the acquisition or use of
some property or service.
(b) “Slug” means an object, article or device which, by virtue of
its size, shape or any other quality is capable of being inserted,
deposited, or otherwise used in a coin machine as a fraudulent substitute
for a genuine coin, bill or token.
(3) Unlawfully using slugs is a Class B misdemeanor. [1971 c.743
§159] (1) A person commits the
crime of fraudulent use of a credit card if, with intent to injure or
defraud, the person uses a credit card for the purpose of obtaining
property or services with knowledge that:
(a) The card is stolen or forged; or
(b) The card has been revoked or canceled; or
(c) For any other reason the use of the card is unauthorized by
either the issuer or the person to whom the credit card is issued.
(2) “Credit card” means a card, booklet, credit card number or
other identifying symbol or instrument evidencing an undertaking to pay
for property or services delivered or rendered to or upon the order of a
designated person or bearer.
(3) The value of single credit card transactions may be added
together if the transactions were committed:
(a) Against multiple victims within a 30-day period; or
(b) Against the same victim within a 180-day period.
(4) Fraudulent use of a credit card is:
(a) A Class A misdemeanor if the aggregate total amount of property
or services the person obtains or attempts to obtain is under $750.
(b) A Class C felony if the aggregate total amount of property or
services the person obtains or attempts to obtain is $750 or more. [1971
c.743 §160; 1973 c.133 §7; 1987 c.907 §11; 1993 c.680 §26] (1) A person commits the crime of
negotiating a bad check if the person makes, draws or utters a check or
similar sight order for the payment of money, knowing that it will not be
honored by the drawee.
(2) For purposes of this section, unless the check or order is
postdated, it is prima facie evidence of knowledge that the check or
order would not be honored if:
(a) The drawer has no account with the drawee at the time the check
or order is drawn or uttered; or
(b) Payment is refused by the drawee for lack of funds, upon
presentation within 30 days after the date of utterance, and the drawer
fails to make good within 10 days after receiving notice of refusal.
(3) Negotiating a bad check is:
(a) A Class A misdemeanor, except as provided in paragraph (b) of
this subsection.
(b) Enhanced from a Class A misdemeanor to a Class C felony if at
the time of sentencing it is established beyond a reasonable doubt that
the person has been convicted in this state, within the preceding five
years, of the crime of negotiating a bad check or of theft by deception
by means of a bad check. [1971 c.743 §161; 1979 c.594 §1](1) A person
commits the crime of possessing a fraudulent communications device if the
person:
(a) Makes, possesses, sells, gives or otherwise transfers to
another, or offers or advertises pictures or diagrams concerning an
instrument, apparatus or device with intent that the same be used or with
knowledge or reason to believe the same is intended to or may be used to
avoid any lawful telephone or telegraph toll charge or to conceal the
existence or place of origin or destination of any telephone or telegraph
communication; or
(b) Sells, gives or otherwise transfers to another or offers, or
advertises plans or instructions for making or assembling an instrument,
apparatus or device described in paragraph (a) of this subsection with
knowledge or reason to believe that they may be used to make or assemble
such instrument, apparatus or device.
(2) An instrument, apparatus, device, plans, instructions or
written publication described in subsection (1) of this section may be
seized under warrant or incident to a lawful arrest, and upon the
conviction of a person under subsection (1) of this section, such
instrument, apparatus, device, plans, instructions or written publication
may be destroyed as contraband by the sheriff of the county in which such
person was convicted or turned over to the person providing telephone or
telegraph service in the territory in which the same was seized.
(3) Possessing a fraudulent communications device is a Class C
felony. [1973 c.133 §5] As used in this
section and ORS 165.074, unless the context requires otherwise:
(1) “Cardholder” means a person to whom a payment card is issued or
a person who is authorized to use the payment card.
(2) “Credit card” means a card, plate, booklet, credit card number,
credit card account number or other identifying symbol, instrument or
device that can be used to pay for, or to obtain on credit, goods or
services.
(3) “Financial institution” means a financial institution as that
term is defined in ORS 706.008.
(4) “Merchant” means:
(a) An owner or operator of a retail mercantile establishment;
(b) An agent, employee, lessee, consignee, franchisee, officer,
director or independent contractor of an owner or operator of a retail
mercantile establishment; and
(c) A person who receives what the person believes to be a payment
card or information from a payment card from a cardholder as the
instrument for obtaining something of value from the person.
(5) “Payment card” means a credit card, charge card, debit card,
stored value card or any card that is issued to a person and allows the
user to obtain something of value from a merchant.
(6) “Payment card transaction” means a sale or other transaction or
act in which a payment card is used to pay for, or to obtain on credit,
goods or services.
(7) “Payment card transaction record” means any record or evidence
of a payment card transaction, including, without limitation, any paper,
sales draft, instrument or other writing and any electronic or magnetic
transmission or record.
(8) “Person” does not include a financial institution or its
authorized employee, representative or agent.
(9) “Previous conviction” has the meaning given that term in ORS
137.712.
(10) “Reencoder” means an electronic device that places encoded
information from one payment card onto another payment card.
(11) “Scanning device” means an electronic device that is used to
access, read, scan, obtain, memorize or store, temporarily or
permanently, information encoded on a payment card. [1991 c.398 §1; 1997
c.631 §419; 2003 c.383 §1] (1) A
person commits the crime of unlawful factoring of a payment card
transaction if the person intentionally or knowingly:
(a) Presents to or deposits with, or causes another to present to
or deposit with, a financial institution for payment a payment card
transaction record that is not the result of a payment card transaction
between the cardholder and the person;
(b) Employs, solicits or otherwise causes a merchant to present to
or deposit with a financial institution for payment a payment card
transaction record that is not the result of a payment card transaction
between the cardholder and the merchant;
(c) Employs, solicits or otherwise causes another to become a
merchant for purposes of engaging in conduct made unlawful by this
section;
(d) Uses a scanning device to access, read, scan, obtain, memorize
or store information encoded on a payment card:
(A) Without the permission of the cardholder; or
(B) With the intent to defraud another person; or
(e) Uses a reencoder to place encoded information from one payment
card onto another payment card:
(A) Without the permission of the cardholder of the payment card
from which encoded information is being taken; or
(B) With the intention to defraud another person.
(2) Unlawful factoring of a payment card transaction is a Class C
felony.
(3) Notwithstanding subsection (2) of this section, unlawful
factoring of a payment card transaction is a Class B felony if the person
has one or more previous convictions under this section. [1991 c.398 §2;
2003 c.383 §2]BUSINESS AND COMMERCIAL OFFENSES As used in chapter 743, Oregon Laws 1971,
unless the context requires otherwise:
(1) “Benefit” means gain or advantage to the beneficiary or to a
third person pursuant to the desire or consent of the beneficiary.
(2) “Business records” means any writing or article kept or
maintained by an enterprise for the purpose of evidencing or reflecting
its condition or activities.
(3) “Enterprise” means any private entity of one or more persons,
corporate or otherwise, engaged in business, commercial, professional,
charitable, political, industrial or organized fraternal activity.
(4) “Fiduciary” means a trustee, guardian, executor, administrator,
receiver or any other person acting in a fiduciary capacity as agent or
employee of an organization which is a fiduciary.
(5) “Financial institution” means a bank, insurance company, credit
union, savings and loan association, investment trust or other
organization held out to the public as a place of deposit of funds or
medium of savings or collective investment.
(6) “Government” means the state, any political subdivision
thereof, or any governmental instrumentality within the state.
(7) “Misapplies” means dealing with property contrary to law or
governmental regulation governing the custody or disposition of that
property; governmental regulation includes administrative and judicial
rules and orders as well as statutes and ordinances.
(8) “Sports contest” means any professional or amateur sport or
athletic game or contest viewed by the public.
(9) “Sports official” means any person who acts in sports contests
as an umpire, referee, judge or sports contest official.
(10) “Sports participant” means any person who directly or
indirectly participates in sports contests as a player, contestant, team
member, coach, manager, trainer, or any other person directly associated
with a player, contestant or team member in connection with a sports
activity. [1971 c.743 §162]Note: Legislative Counsel has substituted “chapter 743, Oregon Laws
1971,” for the words “this Act” in section 162, chapter 743, Oregon Laws
1971, compiled as 165.075. Specific ORS references have not been
substituted, pursuant to 173.160. These sections may be determined by
referring to the 1971 Comparative Section Table located in Volume 20 of
ORS. (1) A person commits the crime
of falsifying business records if, with intent to defraud, the person:
(a) Makes or causes a false entry in the business records of an
enterprise; or
(b) Alters, erases, obliterates, deletes, removes or destroys a
true entry in the business records of an enterprise; or
(c) Fails to make a true entry in the business records of an
enterprise in violation of a known duty imposed upon the person by law or
by the nature of the position of the person; or
(d) Prevents the making of a true entry or causes the omission
thereof in the business records of an enterprise.
(2) Falsifying business records is a Class A misdemeanor. [1971
c.743 §163] (1) A person commits the crime of sports
bribery if the person:
(a) Offers, confers or agrees to confer any benefit upon a sports
participant with intent to influence the sports participant not to give
the best effort of the sports participant in a sports contest; or
(b) Offers, confers or agrees to confer any benefit upon a sports
official with intent to influence the sports official to improperly
perform duties of a sports official.
(2) Sports bribery is a Class C felony. [1971 c.743 §164] (1) A person commits the crime of
sports bribe receiving if:
(a) As a sports participant the person solicits, accepts or agrees
to accept any benefit from another person with the intent that the person
will thereby be influenced not to give the best effort of the person in a
sports contest; or
(b) As a sports official the person solicits, accepts or agrees to
accept any benefit from another person with the intent that the person
will improperly perform duties of a sports official.
(2) Sports bribe receiving is a Class C felony. [1971 c.743 §165] (1) A person commits
the crime of misapplication of entrusted property if, with knowledge that
the misapplication is unlawful and that it involves a substantial risk of
loss or detriment to the owner or beneficiary of such property, the
person intentionally misapplies or disposes of property that has been
entrusted to the person as a fiduciary or that is property of the
government or a financial institution.
(2) Misapplication of entrusted property is a Class A misdemeanor.
[1971 c.743 §166] (1) A person commits
the crime of issuing a false financial statement if, with intent to
defraud, the person:
(a) Knowingly makes or utters a written statement which purports to
describe the financial condition or ability to pay of the person or some
other person and which is inaccurate in some material respect; or
(b) Represents in writing that a written statement purporting to
describe a person’s financial condition or ability to pay as of a prior
date is accurate with respect to that person’s current financial
condition or ability to pay, knowing the statement to be materially
inaccurate in that respect.
(2) Issuing a false financial statement is a Class A misdemeanor.
[1971 c.743 §167](1) A person
commits the crime of obtaining execution of documents by deception if,
with intent to defraud or injure another or to acquire a substantial
benefit, the person obtains by means of fraud, deceit or subterfuge the
execution of a written instrument affecting or purporting to affect the
pecuniary interest of any person.
(2) Obtaining execution of documents by deception is a Class A
misdemeanor. [1971 c.743 §168] (1) A person
commits the crime of failing to maintain a metal purchase record if the
person buys or otherwise obtains new, used or secondhand nonferrous
metals or alloys thereof without keeping a record of all such articles
purchased or obtained.
(2) The person purchasing or obtaining the metal shall retain the
record required by subsection (1) of this section for a period of not
less than one year and the person shall make the record available to any
peace officer on demand. The record shall contain:
(a) A general description of all property purchased.
(b) The type and quantity or weight of the property.
(c) The name, address, description and signature of the person who
sells, makes delivery or otherwise makes the metal available.
(d) A description of any motor vehicle and its license number used
in the delivery of such articles.
(3) This section shall not apply to purchases made by or from a
manufacturer, remanufacturer or a distributor appointed by a manufacturer
of such articles.
(4) As used in this section, “nonferrous metal” includes, but is
not limited to, aluminum, stainless steel, copper, copper wire, copper
cable, brass, electrolytic nickel and zinc. “Nonferrous metal” does not
include precious metals when actually used in the manufacture, repair,
sale or resale of jewelry.
(5) Failing to maintain a metal purchase record is a Class B
misdemeanor. [1971 c.743 §169; 1995 c.222 §1](1) A person
commits the offense of failing to maintain a cedar purchase record if the
person buys or otherwise obtains cedar products directly from any person
who has harvested the cedar without keeping a record of the products
purchased or obtained.
(2) The record required by subsection (1) of this section shall be
retained by the purchaser for a period of not less than one year and
shall be available to any peace officer on demand.
The record shall contain:
(a) The name, address, date of sale and signature of the seller or
the person making delivery;
(b) The license number of any motor vehicles used in the delivery
of the cedar; and
(c) The quantity of cedar obtained and the amount paid for the
cedar.
(3) The provisions of this section apply only to the first
wholesale transaction involving cedar products and do not apply to retail
sales of cedar.
(4) Failing to maintain a cedar purchase record is a Class B
misdemeanor. [1977 c.473 §2] (1) No person shall sell
or offer to sell an assignment to another person knowing, or under the
circumstances having reason to know, that the whole or a substantial part
of the assignment is intended to be submitted under a student’s name in
fulfillment of the requirements for a degree, diploma, certificate or
course of study at any post-secondary institution.
(2) No person shall sell or offer to sell to another person any
assistance in the preparation of an assignment knowing, or under the
circumstances having reason to know, that the whole or a substantial part
of the assignment is intended to be submitted under a student’s name in
fulfillment of the requirements for a degree, diploma, certificate or
course of study at any post-secondary institution.
(3) Nothing in this section prohibits a person from rendering for a
monetary fee:
(a) Tutorial assistance if the assistance is not intended to be
submitted in whole or in substantial part as an assignment; or
(b) Service in the form of typing, transcribing, assembling,
reproducing or editing an assignment if this service is not intended to
make substantive changes in the assignment.
(4) A person who violates any provision of this section commits a
Class A violation.
(5) A person against whom a judgment has been entered under
subsection (4) of this section shall, upon conviction for any subsequent
violation of this section, be subject to a fine of not more than $10,000.
(6) In addition to any fine imposed under subsections (4) and (5)
of this section, a court of competent jurisdiction may grant such further
relief as is necessary to enforce the provisions of this section,
including the issuance of an injunction. A suit for injunction under
subsections (1) to (6) of this section may be brought in the name of the
State of Oregon upon the complaint of the Attorney General or any
district attorney.
(7) As used in subsections (1) to (6) of this section unless the
context requires otherwise:
(a) “Assignment” means any specific written, recorded, pictorial,
artistic or other academic task, including but not limited to a term
paper, thesis, dissertation, essay or report, intended for submission to
any post-secondary institution in fulfillment of the requirements for a
degree, diploma, certificate or course of study at any such institution.
(b) “Person” means any individual, partnership, corporation or
association.
(c) “Post-secondary institution” means any public or private
post-secondary educational institution. [1981 c.673 §§1,2; 1999 c.1051
§158]CRIMES INVOLVING COMMUNICATIONS (1) Except as
provided in ORS 165.480 and in subsection (2) of this section, any
telegraph company doing business in this state who fails to transmit all
dispatches in the order in which they are received, is subject to a
penalty of $100, to be recovered with costs of suit by the person whose
dispatch is postponed out of its order.
(2) Communications from other telegraphic lines in connection with
lines in this state may have precedence over all ordinary private
communications and intelligence of general and public interest may be
transmitted for publication out of its order. [Formerly 757.606] Every
telegraph company shall, on application of any officer of this state or
the United States, in case of any war, insurrection, riot or other civil
commotion, or resistance of public authority, or for the prevention and
punishment of crime, or for the arrest of persons suspected or charged
therewith, give to the communications of such officers, immediate
dispatch, at the price of ordinary communications of the same length.
[Formerly 757.611] (1) No officer,
agent, operator, clerk or employee of any telegraph company, or any other
person, shall willfully alter any such message by adding thereto or
omitting therefrom any words or figures, so as to materially change the
sense, purport or meaning of such message, to the injury of the person
sending or desiring to send the message, or to whom it was directed.
(2) When numerals or words of number occur in any message, the
operator or clerk sending or receiving may express the same in words or
figures, or in both words and figures, and such fact shall not be deemed
an alteration of the message, nor in any manner affect its genuineness,
force or validity.
(3) Any person violating this section, in addition to the penalty
prescribed in ORS 165.990 (1) to (3) is liable in a civil suit for all
damages occasioned thereby. [Formerly 757.616]
(1) No agent, operator or employee in any telegraph office, shall in any
way use or appropriate any information derived by the agent, operator or
employee from any private message passing through the hands of the agent,
operator or employee and addressed to any other person, or in any other
manner acquired by the agent, operator or employee by reason of trust as
such agent, operator or employee, or trade or speculate upon any such
information so obtained, or in any manner turn or attempt to turn the
same to the account, profit or advantage of the agent, operator or
employee.
(2) Any person violating this section, in addition to the penalty
prescribed in ORS 165.990 (1) to (3), is liable in treble damages to the
party aggrieved, for all loss or injury sustained by reason of such
wrongful act. [Formerly 757.621](1) Except as provided in subsection (2) of this section, no
agent, operator or employee in any telegraph office, shall unreasonably
and willfully:
(a) Refuse or neglect to send any message received at such office
for transmission;
(b) Postpone any message out of its order; or
(c) Refuse or neglect to deliver any message received by telegraph.
(2) This section does not require:
(a) Any message to be received, transmitted or delivered, unless
the charges thereon have been paid or tendered;
(b) The sending, receiving or delivery of any message counseling,
aiding, abetting or encouraging treason against the Government of the
United States or of this state, or other resistance to the lawful
authority, or any message calculated to further any fraudulent plan or
purpose, or to instigate or encourage the perpetration of any unlawful
act, or to facilitate the escape of any criminal or person accused of
crime. [Formerly 757.626](1) Any person, not connected with any
telegraph office, who, without the authority or consent of the person to
whom the envelope is directed, willfully or unlawfully opens any sealed
envelope enclosing a telegraphic message and addressed to any other
person, with the intent to learn the contents of the message, or who
fraudulently represents any other person, and thereby procures to be
delivered to the person any telegraphic message, addressed to such other
person, with the intent to use, destroy or detain the message from the
person entitled to receive it, shall be punished upon conviction by a
fine not to exceed $1,000, or imprisonment not to exceed one year, or
both.
(2) Any person violating this section is liable in treble damages
to the party injured for all loss and damage sustained by reason of such
wrongful act.(1) Any person, not connected with any telegraph
company, who, by means of any machine, instrument or contrivance, or in
any other manner, willfully and fraudulently reads or attempts to read
any message, or to learn its contents, while it is being sent over any
telegraph line, or who willfully and fraudulently or clandestinely learns
or attempts to learn the contents or meaning of any message, while it is
in, or being received at, any telegraph office, or is sent therefrom, or
who uses or attempts to use, or communicates to others any information so
obtained by any person, shall be punished upon conviction by a fine not
to exceed $1,000, or imprisonment not to exceed one year, or both.
(2) Any person violating this section shall be liable in a civil
suit for all damages occasioned thereby.(1) Any person who, by the payment or promise of any bribe,
inducement or reward, procures or attempts to procure any telegraphic
agent, operator or employee to disclose any private message, or the
contents, purport, substance of meaning thereof, or who offers to any
such person any bribe, compensation or reward for the disclosure of any
private information received by such person by reason of trust, or who
uses or attempts to use information so obtained, shall be punished upon
conviction by a fine not to exceed $1,000, or imprisonment not to exceed
one year, or both.
(2) Any person violating this section shall be liable in a civil
suit for all damages occasioned thereby.
|
