ORS 165.002
Definitions for ORS 165.002 to 165.070


As used in ORS 165.002 (Definitions for ORS 165.002 to 165.070) to 165.027 (Evidence admissible to prove forgery or possession of forged instrument), and 165.032 (Criminal possession of a forgery device) to 165.070 (Possessing fraudulent communications device), 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 (Definitions for ORS 84.001 to 84.061).

(10)

“Signature” includes, but is not limited to, an electronic signature, as defined in ORS 84.004 (Definitions for ORS 84.001 to 84.061). [1971 c.743 §151; 2001 c.535 §27]

Source: Section 165.002 — Definitions for ORS 165.002 to 165.070, https://www.­oregonlegislature.­gov/bills_laws/ors/ors165.­html.

Notes of Decisions

Letter to bank requesting withdrawal of amount from savings account constituted “written instrument” as defined in this section. State v. Jackson, 35 Or App 741, 582 P2d 837 (1978), Sup Ct review denied

Where defendant altered endorsement on check to change it from restrictive endorsement to special endorsement, check was “falsely altered” within meaning of this section. State v. Hamilton, 291 Or 283, 634 P2d 208 (1981)

Where defendant signed his own name to stolen traveler’s check, he did not falsely make or complete written instrument purporting to be authentic creation of ostensible maker or authorized by ostensible maker and did not commit forgery. State v. Blake, 93 Or App 128, 760 P2d 1369 (1988)

Signing false name on license containing false information constitutes false completion of written instrument. State v. Ojeda-Inda, 179 Or App 680, 42 P3d 329 (2002)

For purpose of determining whether money order is falsely made written instrument, “ostensible maker” is institution identified as issuer and drawer of money order, not person signing as purchaser. State v. Ford, 188 Or App 424, 72 P3d 93 (2003)

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
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
165.118
Metal property offenses
165.122
Compliance with subpoena for information related to metal transaction
165.124
Application of ORS 164.857, 165.116, 165.117, 165.118 and 165.122
165.127
County metal theft plan of action
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
165.555
Unlawful telephone solicitation of contributions for charitable purposes
165.560
Application of ORS 165.555
165.565
Optional local ordinances
165.570
Improper use of emergency communications system
165.572
Interference with making a report
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
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
165.667
Order by court
165.669
Duties imposed upon certain persons upon service of order authorizing installation of pen register or trap and trace device
165.671
Defense to civil or criminal action
165.673
Disclosure of results prohibited
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
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
165.815
Criminal impersonation
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
165.990
Penalties
Green check means up to date. Up to date