OREGON BURGLARY LAWS

   ORS 164.215 Burglary in the second degree (Sometimes called Burg 2 or Burglary 2).

    (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.

   ORS 164.225 Burglary in the first degree (Sometimes called Burg 1 or Burglary 1).

  (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. 

   ORS 164.235 Possession of a burglary tool or theft device. 

   (1) A person commits the crime of possession of a burglary tool or theft device if the person possesses a burglary tool or theft device and the person:

   (a) Intends to use the tool or device to commit or facilitate a forcible entry into premises or a theft by a physical taking; or

   (b) Knows that another person intends to use the tool or device to commit or facilitate a forcible entry into premises or a theft by a physical taking.

   (2) For purposes of this section, “burglary tool or theft device” means an acetylene torch, electric arc, burning bar, thermal lance, oxygen lance or other similar device capable of burning through steel, concrete or other solid material, or nitroglycerine, dynamite, gunpowder or any other explosive, tool, instrument or other article adapted or designed for committing or facilitating a forcible entry into premises or theft by a physical taking.

   (3) Possession of a burglary tool or theft device is a Class A misdemeanor. [1971 c.743 §138; 1999 c.1040 §13; 2003 c.577 §9]

   ORS 164.272 Unlawful entry into a motor vehicle. 

  (1) A person commits the crime of unlawful entry into a motor vehicle if the person enters a motor vehicle, or any part of a motor vehicle, with the intent to commit a crime.

   (2) Unlawful entry into a motor vehicle is a Class A misdemeanor.

   (3) As used in this section, “enters” includes, but is not limited to, inserting:

   (a) Any part of the body; or

   (b) Any object connected with the body. [1995 c.782 §1]

   ORS 164.205 Definitions for ORS 164.205 to 164.270. 

As used in ORS 164.205 to 164.270, except as the context requires otherwise:

   (1) “Building,” in addition to its ordinary meaning, includes any booth, vehicle, boat, aircraft or other structure adapted for overnight accommodation of persons or for carrying on business therein. Where a building consists of separate units, including, but not limited to, separate apartments, offices or rented rooms, each unit is, in addition to being a part of such building, a separate building.

   (2) “Dwelling” means a building which regularly or intermittently is occupied by a person lodging therein at night, whether or not a person is actually present.

   (3) “Enter or remain unlawfully” means:

   (a) To enter or remain in or upon premises when the premises, at the time of such entry or remaining, are not open to the public or when the entrant is not otherwise licensed or privileged to do so;

   (b) To fail to leave premises that are open to the public after being lawfully directed to do so by the person in charge;

   (c) To enter premises that are open to the public after being lawfully directed not to enter the premises; or

   (d) To enter or remain in a motor vehicle when the entrant is not authorized to do so.

   (4) “Open to the public” means premises which by their physical nature, function, custom, usage, notice or lack thereof or other circumstances at the time would cause a reasonable person to believe that no permission to enter or remain is required.

   (5) “Person in charge” means a person, a representative or employee of the person who has lawful control of premises by ownership, tenancy, official position or other legal relationship. “Person in charge” includes, but is not limited to the person, or holder of a position, designated as the person or position-holder in charge by the Governor, board, commission or governing body of any political subdivision of this state.

   (6) “Premises” includes any building and any real property, whether privately or publicly owned. [1971 c.743 §135; 1983 c.740 §33; 1999 c.1040 §10; 2003 c.444 §1]

Is burglary a felony in Oregon?

Yes, both burglary in the first degree and burglary in the second degree are felony crimes.

What is the sentence for burglary in the first degree in Oregon?

The sentences for Burglary in the First Degree (Burg. I) vary widely.  Many people do go to prison if convicted of the charge.  Whether a defendant receives a probation or prison sentence will often depend on the following:  the criminal history of the defendant; whether the dwelling was occupied at the time of the crime; whether the defendant possessed a weapon at the time of the crime; and what underlying crime occurred during the burglary.