Chapter 165 — Offenses Involving Fraud or Deception

 

ORS sections in this chapter were amended or repealed by the Legislative Assembly during its 2016 regular session. See the table of ORS sections amended or repealed during the 2016 regular session: 2016 A&R Tables

 

 

2015 EDITION

 

 

OFFENSES INVOLVING FRAUD OR DECEPTION

 

CRIMES AND PUNISHMENTS

 

FORGERY AND RELATED OFFENSES

 

165.002     Definitions for ORS 165.002 to 165.070

 

165.007     Forgery in the second degree

 

165.013     Forgery in the first degree

 

165.017     Criminal possession of a forged instrument in the second degree

 

165.022     Criminal possession of a forged instrument in the first degree

 

165.027     Evidence admissible to prove forgery or possession of forged instrument

 

165.032     Criminal possession of a forgery device

 

165.037     Criminal simulation

 

165.042     Fraudulently obtaining a signature

 

165.047     Unlawfully using slugs

 

165.055     Fraudulent use of a credit card

 

165.065     Negotiating a bad check

 

165.070     Possessing fraudulent communications device

 

165.072     Definitions for ORS 165.072 and 165.074

 

165.074     Unlawful factoring of payment card transaction

 

BUSINESS AND COMMERCIAL OFFENSES

 

165.075     Definitions

 

165.080     Falsifying business records

 

165.085     Sports bribery

 

165.090     Sports bribe receiving

 

165.095     Misapplication of entrusted property

 

165.100     Issuing a false financial statement

 

165.102     Obtaining execution of documents by deception

 

165.109     Failing to maintain a cedar purchase record

 

165.114     Sale of educational assignments

 

165.116     Definitions for ORS 165.116 to 165.124

 

165.117     Metal property transaction records; prohibited conduct; commercial sellers; penalties

 

165.118     Metal property offenses

 

165.122     Compliance with subpoena for information related to metal transaction; lost or stolen metal property

 

165.124     Application of ORS 164.857, 165.116, 165.117, 165.118 and 165.122

 

165.127     County metal theft plan of action

 

CRIMES INVOLVING COMMUNICATIONS

 

165.535     Definitions applicable to obtaining contents of communications

 

165.540     Obtaining contents of communications

 

165.542     Reports required concerning use of electronic listening device

 

165.543     Interception of communications

 

165.545     Prohibitions not applicable to fire or police activities

 

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

 

165.555     Unlawful telephone solicitation of contributions for charitable purposes

 

165.560     Application of ORS 165.555

 

165.565     Optional local ordinances; certain existing local ordinances preserved

 

165.570     Improper use of emergency communications system

 

165.572     Interference with making a report

 

CELLULAR TELEPHONES

 

165.575     Definitions for ORS 165.575 to 165.583

 

165.577     Cellular counterfeiting in the third degree

 

165.579     Cellular counterfeiting in the second degree

 

165.581     Cellular counterfeiting in the first degree

 

165.583     Exemptions from ORS 165.577, 165.579 and 165.581

 

USE OF PEN REGISTERS AND TRAP AND TRACE DEVICES

 

165.657     Definitions for ORS 165.659 to 165.669

 

165.659     General prohibition

 

165.661     When provider of communication service may use devices

 

165.663     Use by police; application to court; statement required

 

165.667     Order by court; findings; contents of order

 

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

 

165.671     Defense to civil or criminal action

 

165.673     Disclosure of results prohibited; exception

 

FALSE CLAIMS FOR HEALTH CARE PAYMENTS

 

165.690     Definitions for ORS 165.690, 165.692 and 165.694

 

165.692     Making false claim for health care payment

 

165.694     Aggregation of claims

 

165.696     Who may commence prosecution

 

165.698     Notice of conviction

 

IDENTITY THEFT AND RELATED OFFENSES

 

165.800     Identity theft

 

165.803     Aggravated identity theft

 

165.805     Misrepresentation of age by a minor

 

165.810     Unlawful possession of a personal identification device

 

165.813     Unlawful possession of fictitious identification

 

MISCELLANEOUS

 

165.825     Sale of drugged horse

 

165.840     “Telegraphic copy” defined for ORS 165.845 and 165.850

 

165.845     Making and drawing of checks and notes by wire

 

165.850     Manner of expressing private and official seals in telegrams

 

PENALTIES

 

165.990     Penalties

 

FORGERY AND RELATED OFFENSES

 

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

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

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

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

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

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

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

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

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

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

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

 

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

 

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

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

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

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

 

      165.010 [Repealed by 1971 c.743 §432]

 

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

 

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

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

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

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

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

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

      (E) A public record; or

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

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

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

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

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

 

      165.015 [Repealed by 1971 c.743 §432]

 

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

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

 

      165.020 [Repealed by 1971 c.743 §432]

 

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

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

 

      165.025 [Repealed by 1971 c.743 §432]

 

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

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

 

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

 

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

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

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

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

 

      165.035 [Repealed by 1971 c.743 §432]

 

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

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

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

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

 

      165.040 [Repealed by 1971 c.743 §432]

 

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

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

 

      165.045 [Repealed by 1971 c.743 §432]

 

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

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

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

      (2) As used in this section:

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

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

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

 

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

      (a) The card is stolen or forged;

      (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 less than $1,000.

      (b) A Class C felony if the aggregate total amount of property or services the person obtains or attempts to obtain is $1,000 or more. [1971 c.743 §160; 1973 c.133 §7; 1987 c.907 §11; 1993 c.680 §26; 2009 c.16 §7]

 

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

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

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

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

      (3) Negotiating a bad check is:

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

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

 

      165.070 Possessing fraudulent communications device.

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

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

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

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

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

 

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

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

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

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

      (4) “Merchant” means:

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

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

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

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

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

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

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

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

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

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

 

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

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

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

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

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

      (A) Without the permission of the cardholder; or

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

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

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

      (B) With the intention to defraud another person.

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

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

 

BUSINESS AND COMMERCIAL OFFENSES

 

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

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

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

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

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

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

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

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

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

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

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

 

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

 

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

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

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

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

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

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

 

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

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

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

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

 

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

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

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

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

 

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

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

 

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

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

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

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

 

      165.102 Obtaining execution of documents by deception.

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

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

 

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

 

      165.107. [1971 c.743 §169; 1995 c.222 §1; 2007 c.475 §1; 2009 c.811 §6; 2010 c.56 §5; 2011 c.450 §1; 2011 c.597 §80; 2013 c.122 §1; renumbered 165.117 in 2013]

 

      165.109 Failing to maintain a cedar purchase record.

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

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

The record shall contain:

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

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

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

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

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

 

      165.110 [Repealed by 1971 c.743 §432]

 

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

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

 

      165.115 [Repealed by 1971 c.743 §432]

 

      165.116 Definitions for ORS 165.116 to 165.124. As used in ORS 165.116 to 165.124:

      (1) “Commercial account” means an agreement or arrangement between a commercial seller and a scrap metal business for regularly or periodically selling, delivering, purchasing or receiving metal property.

      (2) “Commercial metal property” means an item fabricated or containing parts made of metal or metal alloys that:

      (a) Is used as, used in or used as part of:

      (A) A utility access cover or a cover for a utility meter;

      (B) A pole, fixture or component of a street light or traffic light;

      (C) A sign or marker located, with the permission of a governmental entity, alongside a street, road or bridge for the purpose of directing or controlling traffic or providing information to motorists;

      (D) A traffic safety device, including a guardrail for a highway, road or bridge;

      (E) A vase, plaque, marker, tablet, plate or other sign or ornament affixed to or in proximity to a historic site, grave, statue, monument or similar property accessible to members of the public;

      (F) An agricultural implement, including an irrigation wheel, sprinkler head or pipe;

      (G) A forestry implement or structure, including silvicultural equipment, gates, culverts and servicing and maintenance parts or supplies; or

      (H) A logging operation implement, including mechanical equipment, rigging equipment and servicing and maintenance parts or supplies;

      (b) Bears the name of, or a serial or model number, logo or other device used by, a commercial seller to identify the commercial seller’s property including, but not limited to, implements or equipment used by railroads and utilities that provide telephone, commercial mobile radio, cable television, electricity, water, natural gas or similar services;

      (c) Consists of material used in building construction or other commercial construction, including:

      (A) Copper or aluminum pipe, tubing or wiring;

      (B) Aluminum gutters, downspouts, siding, decking, bleachers or risers; or

      (C) Aluminum or stainless steel fence panels made of one-inch tubing 42 inches long, with four-inch gaps; or

      (d) Constitutes wire of a gauge typically used by utilities to provide electrical or telecommunications service.

      (3) “Commercial seller” means a business entity, as defined in ORS 60.470, nonprofit corporation or governmental entity that regularly or periodically sells or delivers metal property to a scrap metal business as part of the entity’s business functions.

      (4) “Electronic funds transfer” has the meaning given that term in ORS 293.525.

      (5) “Law enforcement agency” has the meaning given that term in ORS 131.550.

      (6) “Metal property” means commercial metal property, nonferrous metal property or private metal property.

      (7)(a) “Nonferrous metal property” means an item fabricated or containing parts made of or in an alloy with copper, brass, aluminum, bronze, lead, zinc or nickel.

      (b) “Nonferrous metal property” does not include gold, silver or platinum that is used in the manufacture, repair, sale or resale of jewelry.

      (8) “Nonprofit corporation” means a corporation to which the Secretary of State has issued a certificate of existence or a certificate of authorization under ORS 65.027.

      (9) “Private metal property” means a catalytic converter that has been removed from a vehicle and is offered for sale as an independent item, whether individually or as part of a bundle, bale or in other bulk form.

      (10)(a) “Scrap metal business” means a person that:

      (A) Maintains a permanent or fixed place of business at which the person:

      (i) Engages in the business of purchasing or receiving metal property;

      (ii) Alters or prepares metal property the person receives for use in manufacturing other products; and

      (iii) Owns, leases, rents, maintains or uses a device used in metal recycling, including a hydraulic baler, metal shearer or metal shredder;

      (B) Maintains a permanent or fixed place of business at which the person engages in the business of purchasing or receiving metal property for the purpose of aggregation and sale to another scrap metal business; or

      (C) Does not necessarily maintain a permanent or fixed place of business in this state but engages in the business of purchasing or receiving nonferrous metal property or private metal property for the purpose of aggregation and sale to another scrap metal business.

      (b) “Scrap metal business” does not include a governmental entity that accepts metal property for recycling.

      (11) “Stored value device” means a debit card or other device that draws funds from an account owned or operated by the user and that allows the user to obtain something of value from a merchant.

      (12)(a) “Transaction” means a sale, purchase, receipt or trade of, or a contract, agreement or pledge to sell, purchase, receive or trade, private metal property or nonferrous metal property that occurs or forms between an individual and a scrap metal business.

      (b) “Transaction” does not include:

      (A) A transfer of metal property made without consideration; or

      (B) A sale, purchase, receipt or trade of, or a contract, agreement or pledge to sell, purchase, receive or trade, private metal property or nonferrous metal property that occurs or forms between:

      (i) A commercial seller or an authorized employee or agent of the commercial seller; and

      (ii) A scrap metal business or an authorized employee or agent of the scrap metal business. [2009 c.811 §1; 2010 c.56 §1; 2011 c.450 §2; 2015 c.240 §1]

 

      165.117 Metal property transaction records; prohibited conduct; commercial sellers; penalties. (1) Before completing a transaction, a scrap metal business engaged in business in this state shall:

      (a) Create a metal property record for the transaction at the time and in the location where the transaction occurs. The record must:

      (A) Be accurate and written clearly and legibly in English;

      (B) Be entered onto a standardized printed form or an electronic form that is securely stored and is capable of ready retrieval and printing; and

      (C) Contain all of the following information:

      (i) The signature of the individual with whom the scrap metal business conducts the transaction.

      (ii) The time, date, location and monetary amount or other value of the transaction.

      (iii) The name of the employee who conducts the transaction on behalf of the scrap metal business.

      (iv) The name and telephone number of the individual with whom the scrap metal business conducts the transaction and a street address or, if a post office box is listed on the government-issued photo identification described in sub-subparagraph (vi) of this subparagraph, a post office box, to which the scrap metal business will mail payment to the individual.

      (v) A description of, and the license number and issuing state shown on the license plate affixed to, the motor vehicle, if any, used to transport the individual who conducts, or the nonferrous metal property or private metal property that is the subject of, the transaction.

      (vi) A photocopy of a current, valid driver license or other government-issued photo identification belonging to the individual with whom the scrap metal business conducts the transaction.

      (vii) A photograph of, or video surveillance recording depicting, a recognizable facial image of the individual with whom the scrap metal business conducts the transaction.

      (viii) A general description of the nonferrous metal property or private metal property that constitutes the predominant part of the transaction. The description must include any identifiable marks on the property, if readily discernible, and must specify the weight, quantity or volume of the nonferrous metal property or private metal property.

      (b) Require the individual with whom the scrap metal business conducts a transaction to sign and date a declaration printed in conspicuous type, either on the record described in this subsection or on a receipt issued to the individual with whom the scrap metal business conducts the transaction, that states:

______________________________________________________________________________

 

I, _______________, AFFIRM UNDER PENALTY OF LAW THAT THE PROPERTY I AM SELLING IN THIS TRANSACTION IS NOT, TO THE BEST OF MY KNOWLEDGE, STOLEN PROPERTY.

______________________________________________________________________________

 

      (c) Require the employee of the scrap metal business who conducts the transaction on behalf of the scrap metal business to witness the individual sign the declaration, and also to sign and date the declaration in a space provided for that purpose.

      (d) For one year following the date of the transaction, keep a copy of the record and the signed and dated declaration described in this subsection. If the scrap metal business uses a video surveillance recording as part of the record kept in accordance with this subsection, the scrap metal business need not keep the video surveillance recording for one year, but shall retain the video surveillance recording for a minimum of 30 days following the date of the transaction. The scrap metal business shall at all times keep the copies at the current place of business for the scrap metal business.

      (2) A scrap metal business engaged in business in this state may not do any of the following:

      (a) Purchase or receive kegs or similar metallic containers used to store or dispense alcoholic beverages, except from a person that manufactures the kegs or containers or from a person licensed by the Oregon Liquor Control Commission under ORS 471.155.

      (b) Conduct a transaction with an individual if the individual does not at the time of the transaction consent to the creation of the record described in subsection (1) of this section and produce for inspection a valid driver license or other government-issued photo identification that belongs to the individual.

      (c) Conduct a transaction with an individual in which the scrap metal business pays the individual other than by electronic funds transfer, stored value card or stored value device, or by mailing a nontransferable check, made payable to the individual, for the amount of the transaction to the street address or post office box the individual provided under subsection (1)(a)(C)(iv) of this section. Payment must be made not earlier than three business days after the date of the transaction. The check, electronic funds transfer or stored value device must be drawn on or must draw from an account that the scrap metal business maintains with a financial institution, as defined in ORS 706.008. A stored value card may be issued by a money transmission business licensed under ORS 717.200 to 717.320 or exempt from the licensing requirement under ORS 717.210.

      (d) Purchase metal property from a nonprofit corporation other than by electronic funds transfer, stored value card or stored value device, or by mailing a nontransferable check, made payable to the nonprofit corporation, for the amount of the purchase price to the business address provided under subsection (4)(a)(B) of this section. Payment must be made not earlier than three business days after the date of the purchase. The check, electronic funds transfer or stored value device must be drawn on or must draw from an account that the scrap metal business maintains with a financial institution, as defined in ORS 706.008. A stored value card may be issued by a money transmission business licensed under ORS 717.200 to 717.320 or exempt from the licensing requirement under ORS 717.210.

      (e) Cash or release a check issued in payment for a transaction or for a purchase described in paragraph (d) of this subsection other than as provided in this paragraph or paragraph (c) or (d) of this subsection. If a check is not delivered to the intended recipient within 10 days of the date of the transaction or the purchase, the scrap metal business may release the check directly to the individual or nonprofit corporation with the written approval of a law enforcement agency having jurisdiction over the scrap metal business. If a check is returned as undelivered or undeliverable, the scrap metal business shall:

      (A) Release the check directly to the individual or nonprofit corporation with the written approval of a law enforcement agency having jurisdiction over the scrap metal business; or

      (B) Retain the check until the individual or nonprofit corporation to which the check was mailed provides a valid address in accordance with subsection (1)(a)(C)(iv) or (4)(a)(B) of this section. If after 30 days following the date of the transaction or the purchase described in paragraph (d) of this subsection the individual or nonprofit corporation fails to provide a valid address, the scrap metal business may cancel the check and the individual or nonprofit corporation shall forfeit to the scrap metal business the amount due as payment.

      (3) If a scrap metal business obtains the approval of a law enforcement agency under subsection (2)(e) of this section, the scrap metal business shall retain the written approval for one year following the date the approval is received.

      (4) Before purchasing or receiving metal property from a commercial seller, a scrap metal business shall:

      (a) Create and maintain a commercial account with the commercial seller. As part of the commercial account, the scrap metal business shall enter accurately, clearly and legibly in English onto a standardized printed form, or an electronic form that is securely stored and is capable of ready retrieval and printing, the following information:

      (A) The full name of the commercial seller;

      (B) The business address and telephone number of the commercial seller; and

      (C) The full name of each employee, agent or other individual the commercial seller authorizes to receive payment for metal property from the scrap metal business.

      (b) Record as part of the commercial account at the time the scrap metal business purchases or receives metal property from a commercial seller the following information:

      (A) The time, date and location at which the commercial seller delivered the metal property for purchase or receipt;

      (B) The monetary amount or other value of the metal property;

      (C) A description of the type of metal property that constitutes the predominant part of the purchase or receipt; and

      (D) The signature of the individual who delivered the metal property to the scrap metal business.

      (5) A scrap metal business may require an individual from whom the business obtains metal property to provide the individual’s thumbprint to the scrap metal business.

      (6) A scrap metal business shall make all records and accounts required to be maintained under this section available to any peace officer on demand.

      (7)(a) Violation of this section is a specific fine violation, and the presumptive fine for the violation is $1,000.

      (b) Notwithstanding paragraph (a) of this subsection, the presumptive fine for a violation of a provision of this section is $5,000 if the scrap metal business has at least three previous convictions for violations of a provision of this section. [Formerly 165.107; 2015 c.240 §2]

 

      165.118 Metal property offenses. (1) A person commits the offense of unlawfully altering metal property if the person, with intent to deceive a scrap metal business as to the ownership or origin of an item of metal property, knowingly removes, alters, renders unreadable or invisible or obliterates a name, logo, model or serial number, personal identification number or other mark or method that a manufacturer uses to identify the metal property.

      (2) A person commits the offense of making a false statement on a metal property record if the person:

      (a) Knowingly makes, causes or allows to be made a false entry or misstatement of material fact in a metal property record described in ORS 165.117; or

      (b) Signs a declaration under ORS 165.117 knowing that the nonferrous metal property or private metal property that is the subject of a transaction is stolen.

      (3) A person commits the offense of unlawfully purchasing or receiving metal property if the person is a scrap metal business or an agent or employee of a scrap metal business and the person fails to report any of the following to a law enforcement agency within 24 hours:

      (a) The purchase or receipt of metal property that the person knows or has good reason to know was the subject of theft.

      (b) The purchase or receipt of metal property that the person knows or has good reason to know has been unlawfully altered as described in subsection (1) of this section.

      (c) The purchase or receipt of metallic wire from which insulation has been removed, unless the individual offering the wire for purchase or receipt can prove by appropriate documentation that the individual owns or is entitled to offer the wire for purchase or receipt and that the insulation has been removed by accident or was done by legitimate means or for a legitimate purpose. The scrap metal business shall retain a copy of the documentation provided.

      (d) The purchase or receipt of commercial metal property that the person knows or has good reason to know was purchased or received from a person other than:

      (A) A commercial seller that has a commercial account with the scrap metal business; or

      (B) An individual who can produce written documentation or identification that proves that the individual is an employee, agent or other individual authorized by a commercial seller that has a commercial account with the scrap metal business to deliver commercial metal property for purchase or receipt.

      (e) The purchase or receipt of metal property from an individual whom the person knows or has good reason to know:

      (A) Is under 16 years of age; or

      (B) Has, according to written or electronically transmitted information provided by a peace officer or law enforcement agency, been convicted within the past five years, as a principal, agent or accessory of a crime involving:

      (i) Drugs;

      (ii) Burglary, robbery or theft;

      (iii) Possession or receipt of stolen property;

      (iv) The manufacture, delivery or possession of, with intent to deliver, methamphetamine;

      (v) The manufacture, delivery or possession of, with intent to deliver, ephedrine or a salt, isomer or salt of an isomer of ephedrine;

      (vi) The manufacture, delivery or possession of, with intent to deliver, pseudoephedrine or a salt, isomer or salt of an isomer of pseudoephedrine; or

      (vii) Possession of anhydrous ammonia with intent to manufacture methamphetamine.

      (4) Violation of a provision of subsections (1) to (3) of this section is a Class A misdemeanor. [2009 c.811 §2; 2010 c.56 §2]

 

      165.120 [Repealed by 1971 c.743 §432]

 

      165.122 Compliance with subpoena for information related to metal transaction; lost or stolen metal property. (1) Not later than two business days after receiving from a peace officer or law enforcement agency a subpoena for information related to a named or specified individual, vehicle or item of metal property, a scrap metal business shall provide to the peace officer or law enforcement agency a copy of a metal property record created under ORS 165.117 or a copy of the relevant portion of a commercial account that contains the information about the individual, vehicle or item of metal property that is the subject of the subpoena. The scrap metal business shall provide the information in any form or by any method reasonably required by the peace officer or law enforcement agency.

      (2) If a scrap metal business knows or has good reason to know that metal property that the scrap metal business purchased or received or possesses or controls was lost by or stolen from the metal property’s owner or lawful possessor, the scrap metal business shall promptly notify an appropriate law enforcement agency and shall:

      (a) Name the owner or lawful possessor of the property, if known; and

      (b) Disclose the name of the person that delivered the metal property and the date on which the scrap metal business received the metal property.

      (3) If a peace officer or law enforcement agency notifies a scrap metal business that an item of metal property in the possession or control of the scrap metal business is lost or stolen, the scrap metal business shall:

      (a) Segregate the metal property that is the subject of the notification from other inventory kept by the scrap metal business;

      (b) Protect the metal property from alteration or damage;

      (c) Mark, tag or otherwise identify the metal property; and

      (d) Hold the metal property for the length of time, not to exceed 10 days, that the peace officer or law enforcement agency specifies.

      (4) A peace officer or law enforcement agency may not require a scrap metal business to hold metal property under subsection (3) of this section unless the peace officer or law enforcement agency reasonably suspects that the metal property was lost by or stolen from the owner or lawful possessor of the metal property. Within 10 days after notifying a scrap metal business that an item of metal property may be lost or stolen, the peace officer or law enforcement agency shall:

      (a) Determine that the metal property is lost or stolen and take appropriate lawful action to impound or recover the metal property and return the metal property to the owner or lawful possessor; or

      (b) Determine that the metal property is not lost or stolen and notify the scrap metal business that it is not necessary to hold the metal property any longer. [2009 c.811 §4; 2010 c.56 §3]

 

      165.124 Application of ORS 164.857, 165.116, 165.117, 165.118 and 165.122. (1) Except as provided in subsection (2) of this section, ORS 164.857, 165.116, 165.117, 165.118 and 165.122 do not apply to:

      (a) A person engaged in recycling beverage containers as defined in ORS 459A.700.

      (b) A person engaged in buying or selling used or empty food containers made of metal.

      (c) A person to whom a vehicle dealer certificate has been issued under ORS 822.020.

      (d) A person to whom a dismantler certificate has been issued under ORS 822.110.

      (e) A person to whom a towing business certificate has been issued under ORS 822.205.

      (2) A person described in subsection (1)(c) to (e) of this section shall comply with and is subject to the penalty provided for violating a provision of ORS 164.857, 165.116, 165.117, 165.118 or 165.122, if the person purchases, receives or transports:

      (a) Private metal property; or

      (b) Commercial metal property or nonferrous metal property, that is not a motor vehicle or a part of a motor vehicle. [2009 c.811 §5]

 

      165.125 [Repealed by 1971 c.743 §432]

 

      165.127 County metal theft plan of action. (1) In each county in which a scrap metal business, as defined in ORS 165.116, has a place of business, the district attorney of the county shall, after consulting with representatives of the affected law enforcement agencies and the business community, create a written plan of action that ensures effective communication between law enforcement and the business community regarding the theft of metal property as defined in ORS 165.116.

      (2) The written plan of action must include, but need not be limited to, a procedure for law enforcement agencies to notify scrap metal businesses of a theft of metal property within 24 hours after the receipt of the report of the theft.

      (3) The district attorney shall provide a copy of the written plan of action to the local public safety coordinating council described in ORS 423.560. [2009 c.811 §11]

 

      165.130 [Repealed by 1971 c.743 §432]

 

      165.135 [Repealed by 1971 c.743 §432]

 

      165.140 [Repealed by 1971 c.743 §432]

 

      165.145 [Repealed by 1971 c.743 §432]

 

      165.150 [Repealed by 1971 c.743 §432]

 

      165.155 [Repealed by 1971 c.743 §432]

 

      165.160 [Repealed by 1971 c.743 §432]

 

      165.165 [Repealed by 1971 c.743 §432]

 

      165.170 [Repealed by 1971 c.743 §432]

 

      165.175 [Repealed by 1971 c.743 §432]

 

      165.180 [Repealed by 1971 c.743 §432]

 

      165.185 [Repealed by 1971 c.743 §432]

 

      165.190 [Repealed by 1971 c.743 §432]

 

      165.205 [Amended by 1971 c.290 §1; repealed by 1971 c.743 §432]

 

      165.210 [Repealed by 1971 c.743 §432]

 

      165.215 [Repealed by 1971 c.743 §432]

 

      165.220 [Repealed by 1971 c.743 §432]

 

      165.225 [Amended by 1955 c.436 §1; 1959 c.508 §1; repealed by 1971 c.743 §432]

 

      165.230 [Repealed by 1971 c.743 §432]

 

      165.235 [Repealed by 1971 c.743 §432]

 

      165.240 [Repealed by 1971 c.743 §432]

 

      165.245 [Repealed by 1971 c.743 §432]

 

      165.250 [Repealed by 1971 c.743 §432]

 

      165.255 [Repealed by 1971 c.743 §432]

 

      165.260 [Repealed by 1971 c.743 §432]

 

      165.265 [Repealed by 1971 c.743 §432]

 

      165.270 [1957 c.369 §1; repealed by 1971 c.743 §432]

 

      165.280 [1961 c.318 §1; repealed by 1971 c.743 §432]

 

      165.285 [1969 c.290 §3; repealed by 1971 c.743 §432]

 

      165.290 [1963 c.588 §2; repealed by 1971 c.743 §432]

 

      165.295 [1963 c.588 §3; repealed by 1971 c.743 §432]

 

      165.300 [1963 c.588 §4; repealed by 1971 c.743 §432]

 

      165.305 [Repealed by 1971 c.743 §432]

 

      165.310 [Repealed by 1971 c.743 §432]

 

      165.315 [Repealed by 1971 c.743 §432]

 

      165.320 [Repealed by 1971 c.743 §432]

 

      165.325 [Repealed by 1971 c.743 §432]

 

      165.330 [Repealed by 1971 c.743 §432]

 

      165.335 [Repealed by 1971 c.743 §432]

 

      165.340 [Amended by 1957 c.655 §1; repealed by 1971 c.743 §432]

 

      165.345 [Repealed by 1971 c.743 §432]

 

      165.350 [Repealed by 1971 c.743 §432]

 

      165.352 [1961 c.454 §75(2); repealed by 1971 c.743 §432]

 

      165.355 [Repealed by 1971 c.743 §432]

 

      165.405 [Repealed by 1971 c.743 §432]

 

      165.410 [Repealed by 1971 c.743 §432]

 

      165.415 [Repealed by 1971 c.743 §432]

 

      165.420 [Amended by 1961 c.261 §1; repealed by 1971 c.743 §432]

 

      165.425 [Repealed by 1971 c.743 §432]

 

      165.430 [Repealed by 1971 c.743 §432]

 

      165.435 [Repealed by 1971 c.743 §432]

 

      165.440 [Repealed by 1971 c.743 §432]

 

      165.445 [Repealed by 1971 c.743 §432]

 

      165.450 [Repealed by 1971 c.743 §432]

 

      165.455 [Repealed by 1971 c.743 §432]

 

      165.460 [Repealed by 1971 c.743 §432]

 

      165.465 [Repealed by 1971 c.743 §432]

 

      165.475 [Formerly 757.606; repealed by 2011 c.597 §309]

 

      165.480 [Formerly 757.611; repealed by 2011 c.597 §309]

 

      165.485 [Formerly 757.616; repealed by 2011 c.597 §309]

 

      165.490 [Formerly 757.621; repealed by 2011 c.597 §309]

 

      165.495 [Formerly 757.626; 2009 c.11 §13; repealed by 2011 c.597 §309]

 

      165.505 [Repealed by 2011 c.597 §309]

 

      165.510 [Repealed by 2011 c.597 §309]

 

      165.515 [Repealed by 2011 c.597 §309]

 

      165.520 [Repealed by 2011 c.597 §309]

 

      165.525 [Repealed by 1971 c.743 §432]

 

      165.530 [Repealed by 1971 c.743 §432]

 

      165.532 [1961 c.428 §1; repealed by 1971 c.743 §432]

 

CRIMES INVOLVING COMMUNICATIONS

 

      165.535 Definitions applicable to obtaining contents of communications. 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” has the meaning given that term in ORS 174.100 and includes:

      (a) Public officials and law enforcement officers of:

      (A) The state and of a county, municipal corporation or any other political subdivision of the state; and

      (B) A police department established by a university under ORS 352.121 or 353.125; and

      (b) Authorized tribal police officers as defined in ORS 181A.680.

      (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; 2011 c.644 §§25,67,74; 2013 c.180 §§27,28; 2015 c.174 §13]

 

      165.540 Obtaining contents of communications. (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) A person who records a conversation during a felony that endangers human life;

      (b) A person who records a conversation in which a law enforcement officer is a participant, if:

      (A) The recording is made while the officer is performing official duties;

      (B) The recording is made openly and in plain view of the participants in the conversation;

      (C) The conversation being recorded is audible to the person by normal unaided hearing; and

      (D) The person is in a place where the person lawfully may be;

      (c) A person who, pursuant to ORS 133.400, records an interview conducted by a peace officer in a law enforcement facility;

      (d) A law enforcement officer who is in uniform and displaying a badge and who is operating:

      (A) A vehicle-mounted video camera that records the scene in front of, within or surrounding a police vehicle, unless the officer has reasonable opportunity to inform participants in the conversation that the conversation is being obtained; or

      (B) A video camera worn upon the officer’s person that records the officer’s interactions with members of the public while the officer is on duty, unless:

      (i) The officer has an opportunity to announce at the beginning of the interaction that the conversation is being obtained; and

      (ii) The announcement can be accomplished without causing jeopardy to the officer or any other person and without unreasonably impairing a criminal investigation; or

      (e) A law enforcement officer who, acting in the officer’s official capacity, deploys an Electro-Muscular Disruption Technology device that contains a built-in monitoring system capable of recording audio or video, for the duration of that deployment.

      (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.

      (9) The exception described in subsection (5)(b) of this section does not authorize the person recording the law enforcement officer to engage in criminal trespass as described in ORS 164.243, 164.245, 164.255, 164.265 or 164.278 or to interfere with a peace officer as described in ORS 162.247.

      (10) As used in this section:

      (a) “Electro-Muscular Disruption Technology device” means a device that uses a high-voltage, low power charge of electricity to induce involuntary muscle contractions intended to cause temporary incapacitation. “Electro-Muscular Disruption Technology device” includes devices commonly known as tasers.

      (b) “Law enforcement officer” has the meaning given that term in ORS 133.726. [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; 2007 c.879 §1; 2009 c.488 §2; 2015 c.550 §2; 2015 c.553 §1]

 

      165.542 Reports required concerning use of electronic listening device. (1) Within 30 days after the use of an electronic listening device under ORS 133.726 (7) or 165.540 (5)(a), 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)(a) 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)(a) 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)(a).

      (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; 2007 c.879 §2]

 

      165.543 Interception of communications. (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]

 

      165.545 Prohibitions not applicable to fire or police activities. 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]

 

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

 

      165.550 [1967 c.109 §§1,2; repealed by 1971 c.743 §432]

 

      165.555 Unlawful telephone solicitation of contributions for charitable purposes. (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]

 

      165.560 Application of ORS 165.555. ORS 165.555 does not apply to solicitations on behalf of hospitals or of nonprofit organizations organized and operated exclusively for religious, scientific, literary or educational purposes, or for the prevention of cruelty to children or animals. [1973 c.473 §2]

 

      165.565 Optional local ordinances; certain existing local ordinances preserved. 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]

 

      165.570 Improper use of emergency communications system. (1) A person commits the crime of improper use of the emergency communications system if the person knowingly:

      (a) Makes an emergency call or calls 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 communications equipment owned, rented or leased by or under the control of the person to make an emergency call or call 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) “Emergency call” has the meaning given that term in ORS 403.105.

      (b) “Emergency communications system” has the meaning given that term in ORS 403.105.

      (c) “School Safety Hotline” means the toll-free telephone line established under ORS 180.650.

      (3) Improper use of the emergency communications system is a Class A misdemeanor. [1995 c.566 §1; 2001 c.619 §4; 2015 c.247 §29]

 

      165.572 Interference with making a report. (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 or an agency charged with the duty of taking public safety reports or from making an emergency call as defined in ORS 403.105.

      (2) Interference with making a report is a Class A misdemeanor. [1999 c.946 §1; 2015 c.247 §30]

 

CELLULAR TELEPHONES

 

      165.575 Definitions for ORS 165.575 to 165.583. As 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]

 

      165.577 Cellular counterfeiting in the third degree. (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]

 

      165.579 Cellular counterfeiting in the second degree. (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]

 

      165.581 Cellular counterfeiting in the first degree. (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]

 

      165.583 Exemptions from ORS 165.577, 165.579 and 165.581. 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]

 

      165.585 [1995 c.524 §§6,7; repealed by 2001 c.666 §56]

 

      165.586 [2001 c.666 §51; repealed by 2005 c.830 §48]

 

      165.605 [Repealed by 1971 c.743 §432]

 

      165.610 [Repealed by 1971 c.743 §432]

 

      165.615 [Amended by 1965 c.454 §1; repealed by 1971 c.743 §432]

 

      165.620 [Repealed by 1971 c.743 §432]

 

      165.625 [Repealed by 1971 c.743 §432]

 

      165.655 [Formerly 74.500; repealed by 1971 c.743 §432]

 

USE OF PEN REGISTERS AND TRAP AND TRACE DEVICES

 

      165.657 Definitions for ORS 165.659 to 165.669. 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]

 

      165.659 General prohibition. 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]

 

      165.660 [Formerly 74.510; repealed by 1971 c.743 §432]

 

      165.661 When provider of communication service may use devices. 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]

 

      165.663 Use by police; application to court; statement required. 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 475.752, 475.806 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]

 

      165.665 [Formerly 74.520; repealed by 1971 c.743 §432]

 

      165.667 Order by court; findings; contents of order. (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 475.752, 475.806 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]

 

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

 

      165.670 [Formerly 74.530; repealed by 1971 c.743 §432]

 

      165.671 Defense to civil or criminal action. 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]

 

      165.673 Disclosure of results prohibited; exception. 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]

 

      165.675 [Formerly 74.540; repealed by 1971 c.743 §432]

 

      165.680 [Formerly 74.550; repealed by 1971 c.743 §432]

 

FALSE CLAIMS FOR HEALTH CARE PAYMENTS

 

      165.690 Definitions for ORS 165.690, 165.692 and 165.694. As 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]

 

      165.692 Making false claim for health care payment. 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]

 

      165.694 Aggregation of claims. (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]

 

      165.696 Who may commence prosecution. The district attorney or the Attorney General may commence a prosecution under ORS 165.692. [1995 c.496 §6]

 

      165.698 Notice of conviction. The prosecuting attorney shall notify the Oregon Health Authority and any appropriate licensing boards of the conviction of a person under ORS 165.692. [1995 c.496 §5; 2009 c.595 §111]

 

IDENTITY THEFT AND RELATED OFFENSES

 

      165.800 Identity theft. (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 inhalant delivery systems, as those terms are defined in ORS 431A.175; 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 an individual, whether living or deceased, an imaginary person or a firm, association, organization, partnership, business trust, company, corporation, limited liability company, professional corporation or other private or public entity.

      (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” or “trust company,” as those terms are 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; 2007 c.583 §1; 2013 c.158 §34; 2015 c.158 §25]

 

      165.803 Aggravated identity theft. (1) A person commits the crime of aggravated identity theft if:

      (a) The person violates ORS 165.800 in 10 or more separate incidents within a 180-day period;

      (b) The person violates ORS 165.800 and the person has a previous conviction for aggravated identity theft;

      (c) The person violates ORS 165.800 and the losses incurred in a single or aggregate transaction are $10,000 or more within a 180-day period; or

      (d) The person violates ORS 165.800 and has in the person’s custody, possession or control 10 or more pieces of personal identification from 10 or more different persons.

      (2) Aggravated identity theft is a Class B felony.

      (3) As used in this section, “previous conviction” includes:

      (a) Convictions occurring before, on or after January 1, 2008; and

      (b) Convictions entered in any other state or federal court for comparable offenses.

      (4) The state shall plead in the accusatory instrument and prove beyond a reasonable doubt, as an element of the offense, the previous conviction for aggravated identity theft. [2007 c.584 §1]

 

      165.805 Misrepresentation of age by a minor. (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 suspending 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 a regulatory specialist 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; 2011 c.355 §19; 2012 c.54 §28; 2015 c.614 §150]

 

      165.810 Unlawful possession of a personal identification device. (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]

 

      165.813 Unlawful possession of fictitious identification. (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 or inhalant delivery systems, as those terms are defined in ORS 431A.175. [2003 c.632 §2; 2015 c.158 §26]

 

MISCELLANEOUS

 

      165.825 Sale of drugged horse. (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]

 

      165.840 “Telegraphic copy” defined for ORS 165.845 and 165.850. 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]

 

      165.845 Making and drawing of checks and notes by wire.

(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]

 

      165.850 Manner of expressing private and official seals in telegrams. 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

 

      165.990 Penalties. Violation of ORS 165.692 is a Class C felony. Criminal prosecution of violators of ORS 165.692 must 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; 2011 c.597 §161]

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