ORS 164.205
Definitions for ORS 164.205 to 164.270


As used in ORS 164.205 (Definitions for ORS 164.205 to 164.270) to 164.270 (Closure of premises to motor-propelled vehicles), except as the context requires otherwise:

(1)

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

(2)

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

(3)

“Enter or remain unlawfully” means:

(a)

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

(b)

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

(c)

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

(d)

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

(4)

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

(5)

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

(6)

“Premises” includes any building and any real property, whether privately or publicly owned. [1971 c.743 §135; 1983 c.740 §33; 1999 c.1040 §10; 2003 c.444 §1; 2015 c.10 §1]

Source: Section 164.205 — Definitions for ORS 164.205 to 164.270, https://www.­oregonlegislature.­gov/bills_laws/ors/ors164.­html.

Notes of Decisions

Farm shed which was large enough to hold several trucks was “building” within meaning of section. State v. Essig, 31 Or App 639, 571 P2d 170 (1977), Sup Ct review denied

Railway boxcar was not building within meaning of this section. State v. Scott, 38 Or App 465, 590 P2d 743 (1979)

Where church camp building was lived in for eight weeks each summer and was vacant for following 44 weeks, and where burglary occurred months after last occupant left, structure was not “regularly or intermittently” occupied, and thus was not “dwelling” within meaning of this section. State v. Eaton, 43 Or App 469, 602 P2d 1159 (1979), Sup Ct review denied

Mobile home parked in driveway and used intermittently by guests for sleeping was “dwelling” within meaning of this section. State v. McDonald, 77 Or App 267, 712 P2d 163 (1986)

Separate storage units in commercial storage warehouse are “buildings” within meaning of this section. State v. Barker/Phelps, 86 Or App 394, 739 P2d 1045 (1987); State v. Handley, 116 Or App 591, 843 P2d 456 (1992)

“Enter” includes intrusion by instrument if used to enable person introducing instrument to consummate criminal objective. State v. Williams, 127 Or App 574, 873 P2d 471 (1994), Sup Ct review denied

Area within building that lacks discrete means for controlling access and has function encompassed by purpose of building is not separate unit. State v. Jenkins, 157 Or App 156, 969 P2d 1048 (1998)

Where permission for person to enter and remain on premises is conditional, person’s continued presence on premises after failure to comply with condition constitutes remaining unlawfully on premises. State v. Holte, 170 Or App 377, 12 P3d 553 (2000)

Where person has been directed by nonjudicial order to leave public premises, person may raise statutory or constitutional right to remain as defense to charge that person remained unlawfully on premises. State v. Riddell, 172 Or App 675, 21 P3d 128 (2001), Sup Ct review denied

Mere entry onto premises open to public does not constitute failure to leave premises after lawful direction to leave. State v. Collins, 179 Or App 384, 39 P3d 925 (2002)

Where building was temporarily vacant following relatively long period of regular overnight occupancy, building qualified as “dwelling.” State v. Kautz, 179 Or App 458, 39 P3d 937 (2002), Sup Ct review denied

Adaptation of vehicle to business use need not be permanent in order to qualify vehicle as “building.” State v. Nollen, 196 Or App 141, 100 P3d 788 (2004)

City may “lawfully” exclude attendee of ordinary public event held on public property only if attendee has violated valid statute or ordinance. Gathright v. City of Portland, 315 F. Supp. 2d 1099 (D. Or. 2004)

Phrase “lawfully directed,” as used in definition for term “enter,” requires inquiry into lawfulness of direction beyond delegated authority of person issuing direction. State v. Koenig, 238 Or App 297, 242 P3d 649 (2010), Sup Ct review denied

Person does not enter or remain unlawfully when person is invited by tenant of leased or rented property to common area of that property. State v. Schneider, 246 Or App 163, 265 P3d 36 (2011), Sup Ct review denied

When read with ORS 164.225, where defendant entered breezeway that is attached to home, covered, permits access to garage and in which homeowners stored food and other items, defendant entered “dwelling” as used in this section. State v. Taylor, 271 Or App 292, 350 P3d 525 (2015)

Where there was no evidence that any rooms in house where defendant lived with defendant’s parents were rented rooms and occupation of bedroom was not exclusive because defendant had permission to enter bedroom at certain times, fact that bedroom door was locked does not make bedroom “separate building” under this section. State v. Rodriguez, 283 Or App 536, 390 P3d 1104 (2017), Sup Ct review denied

Within single-family home, locked bedroom that was separately rented and that defendant lacked permission to enter constituted separate “building” or “dwelling” for purposes of burglary statutes. State v. Perez-Salas, 312 Or App 693, 492 P3d 95 (2021), Sup Ct review denied

Conex box used by grocery store to store recyclable cans and bottles is “building,” as used in this section. State v. Fitzgerald, 315 Or App 336, 500 P3d 721 (2021), Sup Ct review denied

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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