Offenses Involving Fraud or Deception
Misrepresentation of age by a minor
(1)A person commits the crime of misrepresentation of age by a minor if:
(a)Being less than a certain, specified age, the person knowingly purports to be of any age other than the true age of the person with the intent of securing a right, benefit or privilege which by law is denied to persons under that certain, specified age; or
(b)Being unmarried, the person knowingly represents that the person is married with the intent of securing a right, benefit or privilege which by law is denied to unmarried persons.
(2)Misrepresentation of age by a minor is a Class C misdemeanor.
(3)(a) In addition to and not in lieu of any other penalty established by law, if a person, using a driver permit or license or other identification issued by the Department of Transportation of this state or its equivalent in another state, commits the crime of misrepresentation of age by a minor in order to purchase or consume alcoholic liquor or cannabis:
(A)The person may be required to perform community service; and
(B)The court may order that the person’s driving privileges and right to apply for driving privileges be suspended for a period not to exceed one year upon:
(i)The person’s second or subsequent conviction or adjudication for an offense described in this paragraph;
(ii)The person’s first conviction or adjudication if the person has previously entered into a formal accountability agreement under ORS 419C.230 (Formal accountability agreements) for an offense described in this paragraph; or
(b)If a court has issued an order suspending driving privileges under this section, the court, upon petition of the person, may withdraw the order at any time the court deems appropriate. The court notification to the department under this subsection may include a recommendation that the person be granted a hardship permit under ORS 807.240 (Hardship permit) if the person is otherwise eligible for the permit.
(4)The prohibitions of this section do not apply to any person acting under the direction of the Oregon Liquor Control Commission or a regulatory specialist or under the direction of state or local law enforcement agencies for the purpose of investigating possible violations of laws prohibiting sales of alcoholic beverages or marijuana items, as defined in ORS 475B.015 (Definitions for ORS 475B.010 to 475B.545), to persons who are under a certain, specified age.
(5)The prohibitions of this section do not apply to a person under the age of 21 years who is acting under the direction of a licensee for the purpose of investigating possible violations by employees of the licensee of laws prohibiting sales of alcoholic beverages or marijuana items, as defined in ORS 475B.015 (Definitions for ORS 475B.010 to 475B.545), to persons who are under the age of 21 years. [1971 c.743 §285; 1991 c.860 §1; 1993 c.18 §25; 2001 c.791 §3; 2011 c.355 §19; 2012 c.54 §28; 2015 c.614 §150; 2018 c.76 §19]
Law Review Citations
51 OLR 427-637 (1972)