ORS 164.354¹
Criminal mischief in the second degree

(1) A person commits the crime of criminal mischief in the second degree if:

(a) The person violates ORS 164.345 (Criminal mischief in the third degree), and as a result thereof, damages property in an amount exceeding $500; or

(b) Having no right to do so nor reasonable ground to believe that the person has such right, the person intentionally damages property of another, or, the person recklessly damages property of another in an amount exceeding $500.

(2) Criminal mischief in the second degree is a Class A misdemeanor. [1971 c.743 §146; 2009 c.16 §5]

Notes of Decisions

Admission of testimony by handwriting expert that he had “no doubt” defendant was responsible for painting graffiti in black paint on side of house, was not abuse of discre­tion. State v. Bolger, 31 Or App 565, 570 P2d 1018 (1977), Sup Ct review denied

Notwithstanding that stop of defendant was unlawful under ORS 131.615 (Stopping of persons), illegality of stop did not render inadmissible evidence of sub­se­quent behavior, for which he was charged under this sec­tion. State v. Gaffney, 36 Or App 105, 583 P2d 582 (1978), Sup Ct review denied

Legislative intent of this sec­tion is to protect interest of owner or possessor in prop­erty. State v. Sweet, 46 Or App 31, 610 P2d 310 (1980)

Inten­tional damage to prop­erty of an­oth­er in any amount is crim­i­nal mischief in sec­ond de­gree and where defendant admitted he stripped bark from trees inten­tionally, resen­ten­cing for crime of crim­i­nal mischief was re­quired. State v. Washburn, 54 Or App 64, 633 P2d 1321 (1981)

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