ORS 164.365: Criminal mischief in the first degree.
Edition: 2025 EditionEffective: 2026-01-01Last verified: 2026-09-07
(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; (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, 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 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. (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. (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]
This rule cites
- ORS 164.055 — resolved
- ORS 442.015 — resolved
- ORS 757.005 — resolved
- ORS 824.020 — resolved
- ORS 133.721 — resolved
Cited by
- ORS 137.138: Forfeiture of weapons and revocation of hunting license for certain convictions.
- ORS 137.717: Presumptive sentences for certain property offenders.
- ORS 163.115: Murder in the second degree; affirmative defense to certain felony murders; sentence of life imprisonment required; minimum term.
- ORS 164.367: Determining value of damage; aggregation.
- ORS 164.388: Preemption.
- ORS 164.805: Offensive littering.
- ORS 166.630: Discharging weapon on or across highway, ocean shore recreation area or public utility facility.
- ORS 166.715: Definitions for ORS 166.715 to 166.735.
- ORS 497.415: Revocation or denial of licenses, tags or permits for wildlife law violations or failure to comply with citation.
- OAR 213-017-0006: Crime Category 6
- OAR 213-017-0007: Crime Category 5
- OAR 213-017-0008: Crime Category 4
- OAR 213-017-0009: Crime Category 3
- OAR 213-017-0010: Crime Category 2
- OAR 213-018-0050: Property Offenses
- OAR 575-007-0280: Potentially Disqualifying Crimes
- OAR 836-072-0020: Crimes Relevant to a Fitness Determination
- OAR 863-005-0030: Crimes Relevant to a Criminal Background Fitness Determination
Official source: https://www.oregonlegislature.gov/bills_laws/ors/ors164.html