OREGON THEFT GUIDE | ||
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ORS 164.243 Criminal trespass in the second degree by a guest.
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] ORS 164.245 Criminal trespass in the second degree (Criminal Trespass 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]
ORS 164.255 Criminal trespass in the first degree (Criminal Trespass 1).
(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]
ORS 164.265 Criminal trespass while in possession of a firearm.
(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]
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About the Author: David Lesh is a Portland attorney emphasizing the defense of serious criminal charges. He has been a member of the Oregon State Bar since 1990. Mr. Lesh is a former Multnomah County prosecutor (5 years) and lawyer to the Portland Police Bureau (3 years). He was named an Oregon Super Lawyer in 2018 through 2024. |
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