Offenses Against Property

ORS 164.305
Definitions for ORS 164.305 to 164.377

As used in ORS 164.305 (Definitions for ORS 164.305 to 164.377) to 164.377 (Computer crime), except as the context requires otherwise:


“Protected property” means any structure, place or thing customarily occupied by people, including “public buildings” as defined by ORS 479.168 (Definitions for ORS 479.168 to 479.190 and 479.990) and “forestland,” as defined by ORS 477.001 (Definitions).


“Property of another” means property in which anyone other than the actor has a legal or equitable interest that the actor has no right to defeat or impair, even though the actor may also have such an interest in the property. [1971 c.743 §141; 1977 c.640 §1; 1989 c.584 §1; 2003 c.543 §1]

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)

Chapter 164

Law Review Citations

51 OLR 427-637 (1972)


Last accessed
Jun. 26, 2021