ORS 165.535
Definitions applicable to obtaining contents of communications

As used in ORS 41.910 (Certain intercepted communications inadmissible), 133.723 (Records confidential), 133.724 (Order for interception of communications), 165.540 (Obtaining contents of communications) and 165.545 (Prohibitions not applicable to fire or police activities):

(1)

“Conversation” means the transmission between two or more persons of an oral communication which is not a telecommunication or a radio communication, and includes a communication occurring through a video conferencing program.

(2)

“Person” has the meaning given that term in ORS 174.100 (Definitions) and includes:

(a)

Public officials and law enforcement officers of:

(A)

The state and of a county, municipal corporation or any other political subdivision of the state; and

(B)

A police department established by a university under ORS 352.121 (University police departments and officers) or 353.125 (Creation of police department and commission of police officers); and

(b)

Authorized tribal police officers as defined in ORS 181A.940 (Definitions for ORS 181A.940 to 181A.946).

(3)

Intentionally left blank —Ed.

(a)

“Radio communication” means the transmission by radio or other wireless methods of writing, signs, signals, pictures and sounds of all kinds, including all instrumentalities, facilities, equipment and services (including, among other things, the receipt, forwarding and delivering of communications) incidental to such transmission.

(b)

“Radio communication” does not include a communication occurring through a video conferencing program.

(4)

Intentionally left blank —Ed.

(a)

“Telecommunication” means the transmission of writing, signs, signals, pictures and sounds of all kinds by aid of wire, cable or other similar connection between the points of origin and reception of such transmission, including all instrumentalities, facilities, equipment and services (including, among other things, the receipt, forwarding and delivering of communications) incidental to such transmission.

(b)

“Telecommunication” does not include a communication occurring through a video conferencing program.

(5)

“Video conferencing program” means software or an application for a computer or cellular telephone that allows two or more persons to communicate via simultaneous video transmission. [1955 c.675 §1; 1959 c.681 §1; 1983 c.740 §34; 2011 c.644 §§25,67,74; 2013 c.180 §§27,28; 2015 c.174 §13; 2021 c.357 §1]

Source: Section 165.535 — Definitions applicable to obtaining contents of communications, https://www.­oregonlegislature.­gov/bills_laws/ors/ors165.­html.

165.002
Definitions for ORS 165.002 to 165.070 165.007
Forgery in the second degree 165.013
Forgery in the first degree 165.017
Criminal possession of a forged instrument in the second degree 165.022
Criminal possession of a forged instrument in the first degree 165.027
Evidence admissible to prove forgery or possession of forged instrument 165.032
Criminal possession of a forgery device 165.037
Criminal simulation 165.042
Fraudulently obtaining a signature 165.047
Unlawfully using slugs 165.055
Fraudulent use of a credit card 165.065
Negotiating a bad check 165.070
Possessing fraudulent communications device 165.072
Definitions for ORS 165.072 and 165.074 165.074
Unlawful factoring of payment card transaction 165.075
Definitions 165.080
Falsifying business records 165.085
Sports bribery 165.090
Sports bribe receiving 165.095
Misapplication of entrusted property 165.100
Issuing a false financial statement 165.102
Obtaining execution of documents by deception 165.109
Failing to maintain a cedar purchase record 165.114
Sale of educational assignments 165.116
Definitions for ORS 165.116 to 165.124 165.117
Metal property transaction records 165.118
Metal property offenses 165.122
Compliance with subpoena for information related to metal transaction 165.124
Application of ORS 164.857, 165.116, 165.117, 165.118 and 165.122 165.127
County metal theft plan of action 165.535
Definitions applicable to obtaining contents of communications 165.540
Obtaining contents of communications 165.542
Reports required concerning use of electronic listening device 165.543
Interception of communications 165.545
Prohibitions not applicable to fire or police activities 165.549
Prevention of telephone communications when hostage taken 165.555
Unlawful telephone solicitation of contributions for charitable purposes 165.560
Application of ORS 165.555 165.565
Optional local ordinances 165.570
Improper use of emergency communications system 165.572
Interference with making a report 165.575
Definitions for ORS 165.575 to 165.583 165.577
Cellular counterfeiting in the third degree 165.579
Cellular counterfeiting in the second degree 165.581
Cellular counterfeiting in the first degree 165.583
Exemptions from ORS 165.577, 165.579 and 165.581 165.657
Definitions for ORS 165.659 to 165.669 165.659
General prohibition 165.661
When provider of communication service may use devices 165.663
Use by police 165.667
Order by court 165.669
Duties imposed upon certain persons upon service of order authorizing installation of pen register or trap and trace device 165.671
Defense to civil or criminal action 165.673
Disclosure of results prohibited 165.690
Definitions for ORS 165.690, 165.692 and 165.694 165.692
Making false claim for health care payment 165.694
Aggregation of claims 165.696
Who may commence prosecution 165.698
Notice of conviction 165.800
Identity theft 165.803
Aggravated identity theft 165.805
Misrepresentation of age by a minor 165.810
Unlawful possession of a personal identification device 165.813
Unlawful possession of fictitious identification 165.815
Criminal impersonation 165.825
Sale of drugged horse 165.840
“Telegraphic copy” defined for ORS 165.845 and 165.850 165.845
Making and drawing of checks and notes by wire 165.850
Manner of expressing private and official seals in telegrams 165.990
Penalties
Green check means up to date. Up to date

Current through early 2024

§ 165.535’s source at oregon​.gov