Or. Admin. Code § 213-018-0050

Current through Register Vol. 63, No. 10, October 1, 2024

Section 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.

Or. Admin. Code § 213-018-0050

CJC 1-1999, f. & cert. ef. 11-1-99; CJC 2-2001, f. 12-26-01, cert. ef. 1-1-02; CJC 2-2003, f. 12-31-03, cert. ef. 1-1-04; CJC3-2007, f. 12-31-07 & cert. ef. 1-1-08; CJC 1-2016, f. & cert. ef. 5/10/2016; CJC 2-2019, amend filed 12/19/2019, effective 1/1/2020

Statutory/Other Authority: 2003 OL Ch. 453 & ORS 137.667

Statutes/Other Implemented: ORS 137.667 - 137.669, 164.889, 2003 OL Ch. 383, 2007 OL Ch. 684, 2015 OL Ch. 350 & HB 2328 (2019)