OAR 213-018-0050: Property Offenses

(1) The same offense seriousness subcategories shall be used for the following offenses ("property offenses"): (a) Arson II (ORS 164.315); (b) Blue Sky Laws and Securities Laws (ORS Chapter 59); (c) Burglary II (ORS 164.215); (d) Computer Crime (ORS 164.377(5), except for Theft of an Intimate Image under ORS 164.377(2)(c)); (e) Computer Fraud (Lottery) (ORS 164.377(5)); (f) Credit Card Fraud (ORS 165.055(3)(b)); (g) Criminal Mischief I (ORS 164.365); (h) Criminal Possession of Forged Instrument I (ORS 165.022); (i) Criminal Possession of a Rented or Leased Motor Vehicle (ORS 164.138); (j) Forgery I (ORS 165.013); (k) Identity Theft, (ORS 165.800); (l) Interference with Agricultural Research, (ORS 164.889); (m) Interference with Livestock Production (ORS 167.388); (n) Negotiating Bad Checks (ORS 165.065); (o) Possession of Rented Property (ORS 164.140(4)); (p) Possession of Stolen Vehicle (ORS 819.300); (q) Theft by Deception (ORS 164.085); (r) Theft by Extortion (ORS 164.075)(except if threat of physical injury (CC 7)); (s) Theft I (ORS 164.055); (t) Theft of Lost/Mislaid Property (ORS 164.065); (u) Theft of Services (ORS 164.125); (v) Trademark Counterfeiting I and II, (ORS 647.150; 647.145); (w) Unauthorized Use of Vehicle (ORS 164.135); (x) Unlawful Factoring Payment Card (ORS 165.074); (y) Unlawful Label Sound Recording (ORS 164.868); (z) Unlawful Label Videotape (ORS 164.872); (aa) Unlawful Record Live Performance (ORS 164.869). (2) CRIME CATEGORY 6: (a) Property offenses shall be ranked at Crime Category 6 if the value of the property stolen or destroyed, or if the face value of the instrument forged, possessed or negotiated was $50,000 or more, excluding the theft of a motor vehicle used primarily for personal rather than commercial transportation. (b) ORS 165.055(4)(b) Credit Card Fraud shall be ranked at Crime Category 6 if the property stolen or attempted to be stolen was $50,000 or more. (3) CRIME CATEGORY 5: (a) Property offenses shall be ranked at Crime Category 5 if the value of the property stolen or destroyed, or if the face value of the instrument forged, possessed or negotiated was $10,000 or more but less than $50,000, excluding the theft of a motor vehicle used primarily for personal rather than commercial transportation. (b) ORS 164.377(2)(c) Computer Crime shall be ranked at Crime Category 5 if theft of an intimate image. (c) ORS 165.055(4)(b) Credit Card Fraud shall be ranked at Crime Category 5 if the property stolen or attempted to be stolen was $10,000 or more but less than $50,000. (4) CRIME CATEGORY 4: Property offenses shall be ranked at Crime Category 4 if either of the following factors was included in the commission of the offense: (a) The value of the property stolen or destroyed, or the face value of the instrument forged, possessed or negotiated was $5,000 or more but less than $10,000; or (b) For offenses charged under ORS 165.055(4)(b), the value of the property stolen or destroyed was $5,000 or more but less than $10,000; or (c) The property stolen was a vehicle valued at $10,000 or more and used primarily for personal rather than commercial transportation. (5) CRIME CATEGORY 3: Property offenses shall be ranked at Crime Category 3 if either of the following factors was included in the commission of the offense: (a) The value of the property stolen or destroyed, or the face value of the instrument forged, possessed or negotiated was $1,000 or more but less than $5,000; or (b) For offenses charged under ORS 165.055(4)(b), the value of the property stolen or destroyed was $1,000 or more but less than $5,000; or (c) The property stolen was a vehicle valued at more than $1,000 but less than $10,000 and used primarily for personal rather than commercial transportation. (6) CRIME CATEGORY 2: Property offenses shall be ranked at Crime Category 2 if they cannot be ranked at Crime Category 3, 4, 5, or 6.