Offenses Against Property

ORS 164.365
Criminal mischief in the first degree


(1)

A person commits the crime of criminal mischief in the first degree who, with intent to damage property, and having no right to do so nor reasonable ground to believe that the person has such right:

(a)

Damages or destroys property of another:

(A)

In an amount exceeding $1,000;

(B)

By means of an explosive;

(C)

By starting a fire in an institution while the person is committed to and confined in the institution;

(D)

Which is a livestock animal as defined in ORS 164.055 (Theft in the first degree);

(E)

Which is the property of a public utility, telecommunications carrier, railroad, public transportation facility or medical facility used in direct service to the public; or

(F)

By intentionally interfering with, obstructing or adulterating in any manner the service of a public utility, telecommunications carrier, railroad, public transportation facility or medical facility; or

(b)

Intentionally uses, manipulates, arranges or rearranges the property of a public utility, telecommunications carrier, railroad, public transportation facility or medical facility used in direct service to the public so as to interfere with its efficiency.

(2)

As used in subsection (1) of this section:

(a)

“Institution” includes state and local correctional facilities, mental health facilities, juvenile detention facilities and state training schools.

(b)

“Medical facility” means a health care facility as defined in ORS 442.015 (Definitions), a licensed physician’s office or anywhere a licensed medical practitioner provides health care services.

(c)

“Public utility” has the meaning provided for that term in ORS 757.005 (Definition of public utility) and includes any cooperative, people’s utility district or other municipal corporation providing an electric, gas, water or other utility service.

(d)

“Railroad” has the meaning provided for that term in ORS 824.020 (Definitions for ORS 824.020 to 824.042).

(e)

“Public transportation facility” means any property, structure or equipment used for or in connection with the transportation of persons for hire by rail, air or bus, including any railroad cars, buses or airplanes used to carry out such transportation.

(f)

“Telecommunications carrier” has the meaning given that term in ORS 133.721 (Definitions for ORS 41.910 and 133.721 to 133.739).

(3)

Criminal mischief in the first degree is a Class C felony. [1971 c.743 §147; 1973 c.133 §6; 1975 c.344 §1; 1979 c.805 §1; 1983 c.740 §33a; 1987 c.447 §104; 1987 c.907 §10; 1989 c.584 §2; 1991 c.837 §13; 1991 c.946 §2; 1993 c.94 §1; 1993 c.332 §3; 1999 c.1040 §11; 1999 c.1093 §2; 2003 c.543 §4; 2009 c.16 §6]

Notes of Decisions

Evidence was insufficient to prove that damages in stripping bark from chittamwood trees exceeded $200 where only testimony as to damage came from property owner, his first statement was that it looked like "about $1,000 worth of damage" and he testified at trial that he could not put monetary value on the trees but sold the bark from damaged trees for $284. State v. Washburn, 53 Or App 258, 631 P2d 827 (1981), as modified by 54 Or App 64, 633 P2d 1321 (1981)

Since Bonneville Power Administration is not a public utility within meaning of ORS 757.005 (1)(a), defendants could not have been convicted of criminal mischief in first degree for destroying insulators belonging to BPA. State v. Cannon, 65 Or App 327, 671 P2d 761 (1983)

Railroad property that is so closely related to provision of transportation that injury to property would cause loss or disruption of service is used in direct service to public. State v. Wray, 243 Or App 503, 259 P3d 972 (2011)

Chapter 164

Law Review Citations

51 OLR 427-637 (1972)


Source

Last accessed
Jun. 26, 2021