Offenses Against Property

ORS 164.255
Criminal trespass in the first degree


(1)

A person commits the crime of criminal trespass in the first degree if the person:

(a)

Enters or remains unlawfully in a dwelling;

(b)

Having been denied future entry to a building pursuant to a merchant’s notice of trespass, reenters the building during hours when the building is open to the public with the intent to commit theft therein;

(c)

Enters or remains unlawfully upon railroad yards, tracks, bridges or rights of way; or

(d)

Enters or remains unlawfully in or upon premises that have been determined to be not fit for use under ORS 453.855 (Purpose) to 453.912 (Governmental immunity from liability).

(2)

Subsection (1)(d) of this section does not apply to the owner of record of the premises if:

(a)

The owner notifies the law enforcement agency having jurisdiction over the premises that the owner intends to enter the premises;

(b)

The owner enters or remains on the premises for the purpose of inspecting or decontaminating the premises or lawfully removing items from the premises; and

(c)

The owner has not been arrested for, charged with or convicted of a criminal offense that contributed to the determination that the premises are not fit for use.

(3)

Criminal trespass in the first degree is a Class A misdemeanor. [1971 c.743 §140; 1993 c.680 §23; 1999 c.837 §1; 2001 c.386 §1; 2003 c.527 §1]

Notes of Decisions

Vacant apartment entered by defendant was "dwelling" for purposes of this section where it had previously been occupied and owner expected to rent it once remodeling was complete. State v. Ramey, 89 Or App 535, 749 P2d 1219 (1988), Sup Ct review denied

Chapter 164

Law Review Citations

51 OLR 427-637 (1972)


Source

Last accessed
Jun. 26, 2021