ORS 164.345¹
Criminal mischief in the third degree

(1) A person commits the crime of criminal mischief in the third degree if, with intent to cause substantial inconvenience to the owner or to another person, and having no right to do so nor reasonable ground to believe that the person has such right, the person tampers or interferes with property of another.

(2) Criminal mischief in the third degree is a Class C misdemeanor. [1971 c.743 §145]

Notes of Decisions

Evidence that defendant and others entered farm shed of an­oth­er, and that keys were removed from trucks parked therein during occupa­tion of shed, was sufficient to prove that defendant entered shed with intent to commit crim­i­nal mischief. State v. Essig, 31 Or App 639, 571 P2d 170 (1977), Sup Ct review denied

Tampering with prop­erty requires con­duct that alters, rearranges or changes prop­erty. State v. Schoen, 348 Or 207, 228 P3d 1207 (2010)

Where defendant chained SUV that belonged to an­oth­er per­son but was parked in defendant’s parking space to defendant’s vehicle and towed SUV, causing damage to SUV’s bumper, and trial court’s jury instruc­tions under this sec­tion defined “tamper” as “con­duct that alters, rearranges or changes prop­erty,” jury instruc­tion was in error because “tamper” requires altera­tion, rearrange­ment or change to prop­erty in manner that has adverse effect on prop­erty or its use. State v. Lee, 268 Or App 587, 342 P3d 1095 (2015)

Completed Cita­tions

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

Chapter 164

Law Review Cita­tions

51 OLR 427-637 (1972)

1 Legislative Counsel Committee, CHAPTER 164—Offenses Against Property, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors164.­html (2019) (last ac­cessed May 16, 2020).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2019, Chapter 164, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano164.­html (2019) (last ac­cessed May 16, 2020).
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent. Currency Information