ORS 164.135
Unauthorized use of a vehicle


Mentioned in

Overturning Apodaca v. Oregon Should Be Easy: Nonunanimous Jury Verdicts in Criminal Cases Undermine the Credibility of Our Justice System

Oregon Law Review, January 1, 2016

“In 1934,…Oregon became the second state, after Louisiana, to allow nonunanimous juries in criminal cases.”
 
Bibliographic info

(1)

A person commits the crime of unauthorized use of a vehicle when:

(a)

Intentionally left blank —Ed.

(A)

The person knowingly takes, operates, exercises control over or otherwise uses another’s vehicle, boat or aircraft;

(B)

The person is aware of and consciously disregards a substantial and unjustifiable risk that the owner of the vehicle, boat or aircraft does not consent to the taking, operation or other use of, or the exercise of control over, the vehicle, boat or aircraft; and

(C)

The owner of the vehicle, boat or aircraft did not consent to the taking, operation or other use of, or the exercise of control over, the vehicle, boat or aircraft;

(b)

Intentionally left blank —Ed.

(A)

The person knowingly rides in another’s vehicle, boat or aircraft;

(B)

The person knows that the owner of the vehicle, boat or aircraft does not consent to the person’s riding in the vehicle, boat or aircraft; and

(C)

The owner or an authorized user of the vehicle, boat or aircraft did not consent to the person’s riding in the vehicle, boat or aircraft;

(c)

Having custody of a vehicle, boat or aircraft pursuant to an agreement between the person or another and the owner thereof whereby the person or another is to perform for compensation a specific service for the owner involving the maintenance, repair or use of such vehicle, boat or aircraft, the person intentionally uses or operates it, without consent of the owner, for the person’s own purpose in a manner constituting a gross deviation from the agreed purpose; or

(d)

Having custody of a vehicle, boat or aircraft pursuant to an agreement with the owner thereof whereby such vehicle, boat or aircraft is to be returned to the owner at a specified time, the person knowingly retains or withholds possession thereof without consent of the owner for so lengthy a period beyond the specified time as to render such retention or possession a gross deviation from the agreement.

(2)

Unauthorized use of a vehicle, boat or aircraft is a Class C felony.

(3)

Subsection (1)(a) and (b) of this section does not apply to a person who rides in or otherwise uses a public transit vehicle, as defined in ORS 166.116 (Interfering with public transportation), if the vehicle is being operated by an authorized operator within the scope of the operator’s employment. [1971 c.743 §134; 2001 c.851 §1; 2007 c.71 §50; 2019 c.530 §1]

Source: Section 164.135 — Unauthorized use of a vehicle, https://www.­oregonlegislature.­gov/bills_laws/ors/ors164.­html.

Notes of Decisions

There was no crime under this section, when there was no evidence of defendant’s exercise of control over an operable vehicle. State v. Macomber, 269 Or 58, 523 P2d 560 (1974)

The court error in failing to remove the issue of unlawful taking from the jury was not prejudicial, even though the unlawful taking was listed as an alternative means of committing theft, for the evidence indicated that the property entered the defendant’s possession with the owner’s consent. State v. Mortenson, 27 Or App 265, 555 P2d 940 (1976), Sup Ct review denied

This section was not unconstitutionally vague. State v. Boyd, 28 Or App 725, 560 P2d 689 (1977)

Defendant’s unauthorized use of fork lift truck constituted unauthorized use of “vehicle” within meaning of this section, notwithstanding that vehicle was not licensed for operation on public roads. State v. Essig, 31 Or App 639, 571 P2d 170 (1977), Sup Ct review denied

Burglary of or trespass to a vehicle, as was proscribed by former sections, does not constitute “use” of vehicle under this section. State v. Douthitt, 33 Or App 333, 576 P2d 1262 (1978)

A combine and a swather are vehicles within meaning of this section. State v. Keys, 41 Or App 379, 597 P2d 1266 (1979)

An inoperable motorcycle is a “vehicle” within meaning of this section. State v. Blair, 54 Or App 228, 634 P2d 491 (1981)

Indictment which alleged intentional use of vehicle as consisting of “gross deviation from agreed purpose” of performing repairs on automobile was sufficient. State v. Trow, 56 Or App 478, 642 P2d 1178 (1982), Sup Ct review denied

Where juvenile is charged with and admits to act that if committed by adult would be crime resulting in possible confinement for five years and court’s advice is insufficient regarding nature of charge and consequences of admission, child cannot be deemed to have made knowing waiver and juvenile court erred in not setting admission aside. State ex rel Juv. Dept. v. Clements, 95 Or App 640, 770 P2d 937 (1989)

Evidence that defendant had alleged association with gang members and that gang members used stolen cars in illegal activities was irrelevant to prove defendant’s knowledge that car was stolen. State v. Stone, 104 Or App 534, 802 P2d 668 (1990)

Where return of vehicle to owner is withheld, venue is proper either in county where vehicle is unlawfully possessed or county where return was contemplated. State v. Paget, 134 Or App 476, 896 P2d 1 (1995), Sup Ct review denied

Person commits crime of unauthorized use of vehicle when person operates or exercises control over vehicle without consent of person whose right to possession of vehicle is superior to that of person operating or exercising control over vehicle. State v. Haney, 256 Or App 506, 301 P3d 445 (2013)

Defense of “honest claim of right” in prosecution for theft available under ORS 164.035 is not defense to prosecution for unauthorized use of vehicle under this section, because prosecution for unauthorized use of vehicle does not require proof of “theft.” State v. Pusztai, 269 Or App 893, 348 P3d 241 (2015)

Because “without the consent of the owner” is part of nature and character of act of unauthorized use of vehicle under this section, minimum culpable mental state is knowledge of that fact; thus, where jury was given instruction that criminal negligence was applicable mental state required to convict defendant, reversal of conviction was required. State v. Simonov, 358 Or 531, 368 P3d 11 (2016)

Where defendant, convicted under subsection (1)(a) of this section, had consent to use employer’s vehicle but kept vehicle for longer time than agreed, and state provided evidence only as to subsection (1)(c) of this section but not to support conviction under subsection (1)(a), defendant is entitled to acquittal because where only deviation proved is temporal, subsection (1)(c) controls exclusively. State v. Civil, 283 Or App 395, 388 P3d 1185 (2017)

Term “vehicle” includes inoperable vehicles that are capable of operation with reasonable repairs but does not include vehicles that are beyond reasonable repair and constitute wrecked vehicles. State v. Eastep, 361 Or 746, 399 P3d 979 (2017)

“Vehicle,” as used in this section, includes nonmechanized trailer used for carrying or transporting personal property. State v. Phillips, 315 Or App 178, 501 P3d 537 (2021), Sup Ct review denied

COMPLETED CITATIONS: State Forester v. Umpqua R. Nav. Co., 258 Or 10, 478 P2d 631 (1970), cert. denied, 404 US 826 (1971)

164.005
Definitions
164.015
“Theft” described
164.025
Consolidation of theft offenses
164.035
Defenses
164.043
Theft in the third degree
164.045
Theft in the second degree
164.055
Theft in the first degree
164.057
Aggravated theft in the first degree
164.061
Sentence for aggravated theft in the first degree when victim 65 years of age or older
164.063
Disproportionate impact
164.065
Theft of lost, mislaid property
164.075
Extortion
164.085
Theft by deception
164.095
Theft by receiving
164.098
Organized retail theft
164.105
Right of possession
164.115
Value of property
164.125
Theft of services
164.130
Application of ORS 164.125 to telephone or telegraph services
164.132
Unlawful distribution of cable television equipment
164.135
Unauthorized use of a vehicle
164.138
Criminal possession of a rented or leased motor vehicle
164.140
Criminal possession of rented or leased personal property
164.160
Definitions
164.162
Mail theft or receipt of stolen mail
164.164
Defense in prosecution under ORS 164.162
164.170
Laundering a monetary instrument
164.172
Engaging in a financial transaction in property derived from unlawful activity
164.174
Exceptions
164.205
Definitions for ORS 164.205 to 164.270
164.215
Burglary in the second degree
164.225
Burglary in the first degree
164.235
Possession of a burglary tool or theft device
164.243
Criminal trespass in the second degree by a guest
164.245
Criminal trespass in the second degree
164.255
Criminal trespass in the first degree
164.265
Criminal trespass while in possession of a firearm
164.270
Closure of premises to motor-propelled vehicles
164.272
Unlawful entry into a motor vehicle
164.274
Definitions for ORS 164.276 and 164.278
164.276
Authority of sports official to expel persons from sports event
164.278
Criminal trespass at a sports event
164.305
Definitions for ORS 164.305 to 164.377
164.315
Arson in the second degree
164.325
Arson in the first degree
164.335
Reckless burning
164.338
Arson incident to the manufacture of a controlled substance in the second degree
164.342
Arson incident to the manufacture of a controlled substance in the first degree
164.345
Criminal mischief in the third degree
164.354
Criminal mischief in the second degree
164.365
Criminal mischief in the first degree
164.367
Determining value of damage
164.373
Tampering with cable television equipment
164.377
Computer crime
164.381
Definitions
164.383
Unlawfully applying graffiti
164.386
Unlawfully possessing a graffiti implement
164.388
Preemption
164.395
Robbery in the third degree
164.405
Robbery in the second degree
164.415
Robbery in the first degree
164.775
Deposit of trash within 100 yards of waters or in waters
164.785
Placing offensive substances in waters, on highways or other property
164.805
Offensive littering
164.813
Unlawful cutting and transport of special forest products
164.814
State Forester required to develop forms for special forest products
164.825
Cutting and transport of coniferous trees without permit or bill of sale
164.828
Ownership as affirmative defense under ORS 164.813 and 164.825
164.835
Investigation to prevent violations of ORS 164.813 and 164.825
164.845
Arrest, summons for cutting or transport of trees or special forest products
164.855
Seizure of trees or special forest products cut or transported in violation of ORS 164.813 or 164.825
164.857
Unlawfully transporting metal property
164.863
Unlawful transport of meat animal carcasses
164.864
Definitions for ORS 164.864 to 164.882
164.865
Unlawful sound recording
164.866
Civil action for injuries caused by criminal acts
164.867
Applicability of ORS 164.868, 164.869 and 164.872
164.868
Unlawful labeling of a sound recording
164.869
Unlawful recording of a live performance
164.872
Unlawful labeling of a videotape recording
164.873
Exemptions from ORS 164.865, 164.868, 164.869, 164.872 and 164.875
164.875
Unlawful videotape recording
164.882
Unlawful operation of an audiovisual device
164.885
Endangering aircraft
164.886
Unlawful tree spiking
164.887
Interference with agricultural operations
164.889
Interference with agricultural research
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