Offenses Against Property

ORS 164.140
Criminal possession of rented or leased personal property


(1)

A person is guilty of criminal possession of rented or leased personal property if:

(a)

After renting an item of personal property from a commercial renter of personal property under a written agreement which provides for the return of the item to a particular place at a particular time, the person fails to return the item as specified, is thereafter served by mail with a written demand to return the item, and knowingly fails to return the item within 10 business days from the date of mailing of the demand; or

(b)

After leasing an item of personal property from a commercial lessor of personal property under a written agreement which provides for periodic lease payments, the person fails to pay the lessor a periodic payment when due for a period of 45 days, is thereafter served by mail with a written demand to return the item, and knowingly fails to return the item within 10 business days from the date of mailing of the demand.

(2)

Service of written demand under this section shall be accomplished by certified mail sent to the person who obtained the item of personal property by rental or lease, sent to the address stated in the rental or lease agreement and any other address of the person provided by the person to the renter or lessor. The person is responsible for providing correct current address information to the renter or lessor until the item of personal property is returned.

(3)

A bona fide contract dispute with the lessor or renter shall be an affirmative defense to a charge of criminal possession of rented or leased personal property.

(4)

For purposes of this section, the value of property shall be ascertained as provided in ORS 164.115 (Value of property). Criminal possession of rented or leased personal property is:

(a)

A Class A misdemeanor if the aggregate total value of the personal property not returned is under $500.

(b)

A Class C felony if the aggregate total value of the personal property not returned is $500 or more. [1979 c.476 §3; 1987 c.907 §9]
MAIL-RELATED OFFENSES

Notes of Decisions

Jurisdiction under this section resides in place where lessee failed to return property to commercial lessor. State v. McGill, 115 Or App 122, 836 P2d 1371 (1992)

Television shop that rents television sets on rent-to-own basis and on other than rent-to-own basis constitutes "commercial renter" under this section. State v. McGill, 115 Or App 122, 836 P2d 1371 (1992)

When defendant signed repair order that transferred agreement to replacement set, defendant consented to modification of original rental agreement. State v. McGill, 115 Or App 122, 836 P2d 1371 (1992)

Shorter demand time stated in letter from commercial renter than required by this section was not material. State v. McGill, 115 Or App 122, 836 P2d 1371 (1992)

Chapter 164

Law Review Citations

51 OLR 427-637 (1972)


Source

Last accessed
Jun. 26, 2021