ORS 164.235
Possession of a burglary tool or theft device


(1)

A person commits the crime of possession of a burglary tool or theft device if the person possesses a burglary tool or theft device and the person:

(a)

Intends to use the tool or device to commit or facilitate a forcible entry into premises or a theft by a physical taking; or

(b)

Knows that another person intends to use the tool or device to commit or facilitate a forcible entry into premises or a theft by a physical taking.

(2)

For purposes of this section, “burglary tool or theft device” means an acetylene torch, electric arc, burning bar, thermal lance, oxygen lance or other similar device capable of burning through steel, concrete or other solid material, or nitroglycerine, dynamite, gunpowder or any other explosive, tool, instrument or other article adapted or designed for committing or facilitating a forcible entry into premises or theft by a physical taking.

(3)

Possession of a burglary tool or theft device is a Class A misdemeanor. [1971 c.743 §138; 1999 c.1040 §13; 2003 c.577 §9]

Source: Section 164.235 — Possession of a burglary tool or theft device, https://www.­oregonlegislature.­gov/bills_laws/ors/ors164.­html.

Notes of Decisions

A beer bottle used to break a jewelry store window was not a burglar’s tool as defined in this section. State v. Reid, 36 Or App 417, 585 P2d 411 (1978)

A rock or a brick is not a burglary tool under this section. State v. O’Keefe, 40 Or App 685, 596 P2d 987 (1979), Sup Ct review denied

For purposes of defining burglar tool, term “designed” is not unconstitutionally vague. State v. Grace, 76 Or App 237, 708 P2d 1193 (1985), Sup Ct review denied

Neither an object’s actual use nor its capability to be used as tool for burglary is relevant in determination of whether it is “adapted,” but object must actually be modified in some way to serve such purpose. State v. Warner, 298 Or 640, 696 P2d 1052 (1985)

Object is not “commonly used” for committing forcible entry or theft by the fact that it shares characteristics similar to objects that are commonly used. State v. Warner, 298 Or 640, 696 P2d 1052 (1985)

Defendant, convicted of burglary on basis of use of screwdriver, raised exactly question decided in State v. Gravesand was therefore convicted under unconstitutionally vague statute requiring reversal of conviction. State v. Bennett, 79 Or App 267, 719 P2d 38 (1986), 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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