OAR 213-018-0050
Property Offenses
(1)
The same offense seriousness subcategories shall be used for the following offenses (“property offenses”):(a)
Arson II (ORS 164.315 (Arson in the second degree));(b)
Blue Sky Laws and Securities Laws (ORS Chapter 59 (Securities Regulation));(c)
Burglary II (ORS 164.215 (Burglary in the second degree));(d)
Computer Crime (ORS 164.377 (Computer crime)(5), except for Theft of an Intimate Image under ORS 164.377 (Computer crime)(2)(c));(e)
Computer Fraud (Lottery) (ORS 164.377 (Computer crime)(5));(f)
Credit Card Fraud (ORS 165.055 (Fraudulent use of a credit card)(3)(b));(g)
Criminal Mischief I (ORS 164.365 (Criminal mischief in the first degree));(h)
Criminal Possession of Forged Instrument I (ORS 165.022 (Criminal possession of a forged instrument in the first degree));(i)
Criminal Possession of a Rented or Leased Motor Vehicle (ORS 164.138 (Criminal possession of a rented or leased motor vehicle));(j)
Forgery I (ORS 165.013 (Forgery in the first degree));(k)
Identity Theft, (ORS 165.800 (Identity theft));(l)
Interference with Agricultural Research, (ORS 164.889 (Interference with agricultural research));(m)
Interference with Livestock Production (ORS 167.388 (Interference with livestock production));(n)
Negotiating Bad Checks (ORS 165.065 (Negotiating a bad check));(o)
Possession of Rented Property (ORS 164.140 (Criminal possession of rented or leased personal property)(4));(p)
Possession of Stolen Vehicle (ORS 819.300 (Possession of a stolen vehicle));(q)
Theft by Deception (ORS 164.085 (Theft by deception));(r)
Theft by Extortion (ORS 164.075 (Extortion))(except if threat of physical injury (CC 7));(s)
Theft I (ORS 164.055 (Theft in the first degree));(t)
Theft of Lost/Mislaid Property (ORS 164.065 (Theft of lost, mislaid property));(u)
Theft of Services (ORS 164.125 (Theft of services));(v)
Trademark Counterfeiting I and II, (ORS 647.150 (Trademark counterfeiting in first degree); 647.145 (Trademark counterfeiting in second degree));(w)
Unauthorized Use of Vehicle (ORS 164.135 (Unauthorized use of a vehicle));(x)
Unlawful Factoring Payment Card (ORS 165.074 (Unlawful factoring of payment card transaction));(y)
Unlawful Label Sound Recording (ORS 164.868 (Unlawful labeling of a sound recording));(z)
Unlawful Label Videotape (ORS 164.872 (Unlawful labeling of a videotape recording));(aa)
Unlawful Record Live Performance (ORS 164.869 (Unlawful recording of a live performance)).(2)
CRIME CATEGORY 6:(a)
Property offenses shall be ranked at Crime Category 6 if the value of the property stolen or destroyed, or if the face value of the instrument forged, possessed or negotiated was $50,000 or more, excluding the theft of a motor vehicle used primarily for personal rather than commercial transportation.(b)
ORS 165.055 (Fraudulent use of a credit card)(4)(b) Credit Card Fraud shall be ranked at Crime Category 6 if the property stolen or attempted to be stolen was $50,000 or more.(3)
CRIME CATEGORY 5:(a)
Property offenses shall be ranked at Crime Category 5 if the value of the property stolen or destroyed, or if the face value of the instrument forged, possessed or negotiated was $10,000 or more but less than $50,000, excluding the theft of a motor vehicle used primarily for personal rather than commercial transportation.(b)
ORS 164.377 (Computer crime)(2)(c) Computer Crime shall be ranked at Crime Category 5 if theft of an intimate image.(c)
ORS 165.055 (Fraudulent use of a credit card)(4)(b) Credit Card Fraud shall be ranked at Crime Category 5 if the property stolen or attempted to be stolen was $10,000 or more but less than $50,000.(4)
CRIME CATEGORY 4: Property offenses shall be ranked at Crime Category 4 if either of the following factors was included in the commission of the offense:(a)
The value of the property stolen or destroyed, or the face value of the instrument forged, possessed or negotiated was $5,000 or more but less than $10,000; or(b)
For offenses charged under ORS 165.055 (Fraudulent use of a credit card)(4)(b), the value of the property stolen or destroyed was $5,000 or more but less than $10,000; or(c)
The property stolen was a vehicle valued at $10,000 or more and used primarily for personal rather than commercial transportation.(5)
CRIME CATEGORY 3: Property offenses shall be ranked at Crime Category 3 if either of the following factors was included in the commission of the offense:(a)
The value of the property stolen or destroyed, or the face value of the instrument forged, possessed or negotiated was $1,000 or more but less than $5,000; or(b)
For offenses charged under ORS 165.055 (Fraudulent use of a credit card)(4)(b), the value of the property stolen or destroyed was $1,000 or more but less than $5,000; or(c)
The property stolen was a vehicle valued at more than $1,000 but less than $10,000 and used primarily for personal rather than commercial transportation.(6)
CRIME CATEGORY 2: Property offenses shall be ranked at Crime Category 2 if they cannot be ranked at Crime Category 3, 4, 5, or 6.
Source:
Rule 213-018-0050 — Property Offenses, https://secure.sos.state.or.us/oard/view.action?ruleNumber=213-018-0050
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