Oregon Administrative Rules
Chapter 213 - OREGON CRIMINAL JUSTICE COMMISSION
Division 18 - OFFENSE SUBCATEGORIES
Section 213-018-0050 - Property Offenses

Universal Citation: OR Admin Rules 213-018-0050

Current through Register Vol. 63, No. 3, March 1, 2024

(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.

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)

Disclaimer: These regulations may not be the most recent version. Oregon may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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