Offenses Against Property

ORS 164.245
Criminal trespass in the second degree


(1)

A person commits the crime of criminal trespass in the second degree if the person enters or remains unlawfully in a motor vehicle or in or upon premises.

(2)

Criminal trespass in the second degree is a Class C misdemeanor. [1971 c.743 §139; 1999 c.1040 §9]

Notes of Decisions

Defendant was guilty under this section where he refused to leave Public Utilities Commission rate hearing following lawful order of hearings officer based on defendant's disruptive behavior, and legality of earlier ruling of hearings officer, denying defendant participation in representative capacity, did not affect legality of order to leave the room. State v. Marbet, 32 Or App 67, 573 P2d 736 (1978)

It was error for trial court to require jury to find defendant not guilty of burglary before it could consider whether defendant was guilty of lesser-included offense of criminal trespass under this section. State v. Ogden, 35 Or App 91, 580 P2d 1049 (1978)

Where defendant, charged with first degree burglary (ORS 164.225), presented evidence that he did not enter building and that he did not enter or remain upon the premises with an intent to commit a crime there, evidence created dispute as to issues of fact which would have enabled jury to find that elements of greater offense had not been proven and failure to instruct on lesser offense of crime of this section was error. State v. Naylor, 291 Or 191, 629 P2d 1308 (1981)

Where trial court reasoned jury could infer defendant was on Lloyd Center property and Lloyd Center security personnel had requisite authority, yet no evidence in record showed who owned property or that areas were marked, posted or identified as belonging to Lloyd Center, trial court erred in denying defendant's motion for judgment of acquittal. State v. Coffee, 117 Or App 9, 843 P2d 505 (1992)

Statute is inapplicable to United States Post Office property. U.S. v. Waites, 198 F3d 1123 (9th Cir. 2000)

Where person has been directed by nonjudicial order to leave public premises, person may raise statutory or constitutional right to remain as defense to charge that person remained unlawfully on premises. State v. Riddell, 172 Or App 675, 21 P3d 128 (2001), Sup Ct review denied

Atty. Gen. Opinions

Constitutionality of application of penal trespass statute to persons distributing religious literature, (1983) Vol 44, p 20

Chapter 164

Law Review Citations

51 OLR 427-637 (1972)


Source

Last accessed
Jun. 26, 2021