Definitions for ORS 164.305 to 164.377
Source:
Section 164.305 — Definitions for ORS 164.305 to 164.377, https://www.oregonlegislature.gov/bills_laws/ors/ors164.html
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Notes of Decisions
A structure, place or thing is “customarily occupied by people” if (1) by reason of circumstances of time and place when the fire or explosion occurs, people are normally in the building, structure or thing; or (2) circumstances are such as to make the fact of occupancy by persons a reasonable possibility. State v. Perez, 13 Or App 288, 508 P2d 833 (1973), Sup Ct review denied
Definition of “property of another” demonstrates legislative intent to protect interest of owner or possessor in property. State v. Sweet, 46 Or App 31, 610 P2d 310 (1980)
When structure is commercial establishment and evidence shows that employes or public were not regularly on premises at time fire was set, trier of fact can find that at time fire was set commercial establishment was not customarily occupied by people. State ex rel Juv. Dept. v. Roff, 94 Or App 430, 765 P2d 244 (1988)
Requirement that property be “customarily occupied” does not apply to public buildings or forestland. State v. Haynes, 149 Or App 73, 942 P2d 295 (1997), Sup Ct review denied
Defendant, who aided and abetted son in shooting two state-owned wild deer decoys that they believed to be wild deer, damaged “property of another” because state’s sovereign interest in wild deer makes wild deer state property. State v. Dickerson, 260 Or App 80, 317 P3d 902 (2013), aff’d 356 Or 822, 345 P3d 447 (2015)