Title 165 · ORS Chapter 165

84.004. [1971 c.743 �151; 2001 c.535 �27] �� 165.005 [Amended by 1955 c.435 �1; repealed by 1971 c.743 �432] �� 165.007 Forgery in the second degree. (1) A person commits the crime of fo

Citation: ORS 84.004

Section: 84.004

84.004. [1971 c.743 �151; 2001 c.535 �27]

�� 165.005 [Amended by 1955 c.435 �1; repealed by 1971 c.743 �432]

�� 165.007 Forgery in the second degree. (1) A person commits the crime of forgery in the second degree if, with intent to injure or defraud, the person:

�� (a) Falsely makes, completes or alters a written instrument; or

�� (b) Utters a written instrument which the person knows to be forged.

�� (2) Forgery in the second degree is a Class A misdemeanor. [1971 c.743 �152]

�� 165.010 [Repealed by 1971 c.743 �432]

�� 165.012 [1963 c.553 �1; repealed by 1971 c.743 �432]

�� 165.013 Forgery in the first degree. (1) A person commits the crime of forgery in the first degree if the person violates ORS 165.007:

�� (a) And the written instrument is or purports to be any of the following:

�� (A) Part of an issue of money, securities, postage or revenue stamps, or other valuable instruments issued by a government or governmental agency;

�� (B) Part of an issue of stock, bonds or other instruments representing interests in or claims against any property or person;

�� (C) A deed, will, codicil, contract or assignment;

�� (D) A check for $1,000 or more, a credit card purchase slip for $1,000 or more, or a combination of checks and credit card purchase slips that, in the aggregate, total $1,000 or more, or any other commercial instrument or other document that does or may evidence, create, transfer, alter, terminate or otherwise affect a legal right, interest, obligation or status; or

�� (E) A public record; or

�� (b) By falsely making, completing or altering, or by uttering, at least 15 retail sales receipts, Universal Product Code labels, EAN-8 labels or EAN-13 labels or a combination of at least 15 retail sales receipts, Universal Product Code labels, EAN-8 labels or EAN-13 labels.

�� (2) The value of single check or credit card transactions may be added together under subsection (1)(a)(D) of this section if the transactions were committed:

�� (a) Against multiple victims within a 30-day period; or

�� (b) Against the same victim within a 180-day period.

�� (3) Forgery in the first degree is a Class C felony. [1971 c.743 �153; 1993 c.680 �25; 2005 c.761 �1]

�� 165.015 [Repealed by 1971 c.743 �432]

�� 165.017 Criminal possession of a forged instrument in the second degree. (1) A person commits the crime of criminal possession of a forged instrument in the second degree if, knowing it to be forged and with intent to utter same, the person possesses a forged instrument.

�� (2) Criminal possession of a forged instrument in the second degree is a Class A misdemeanor. [1971 c.743 �154]

�� 165.020 [Repealed by 1971 c.743 �432]

�� 165.022 Criminal possession of a forged instrument in the first degree. (1) A person commits the crime of criminal possession of a forged instrument in the first degree if, knowing it to be forged and with intent to utter same, the person possesses a forged instrument of the kind and in the amount specified in ORS 165.013 (1).

�� (2) Criminal possession of a forged instrument in the first degree is a Class C felony. [1971 c.743 �155; 2005 c.761 �2]

�� 165.025 [Repealed by 1971 c.743 �432]

�� 165.027 Evidence admissible to prove forgery or possession of forged instrument. (1) In any prosecution for forgery of a bank bill or note or for criminal possession of a forged bank bill or note, the testimony of any person acquainted with the signature of the officer or agent authorized to sign the bills or notes of the bank of which such bill or note is alleged to be a forgery, or who has knowledge of the difference in appearance of the true and forged bills or notes thereof, may be admitted to prove that it is a forgery.

�� (2) In any prosecution for forgery or for criminal possession of any note, certificate, bond, bill of credit, or other security or evidence of debt issued on behalf of the United States or any state or territory, the certificate duly sworn to of the Secretary of the Treasury, or of the Treasurer of the United States, or of the secretary or treasurer of any state or treasury on whose behalf the note, certificate, bond, bill of credit or other security or evidence of debt purports to have been issued, shall be admitted as evidence to prove that it is a forgery. [1971 c.743 �290]

�� 165.030 [Amended by 1961 c.715 �1; repealed by 1971 c.743 �432]

�� 165.032 Criminal possession of a forgery device. (1) A person commits the crime of criminal possession of a forgery device if:

�� (a) The person makes or possesses with knowledge of its character any plate, die or other device, apparatus, equipment or article specifically designed for use in counterfeiting or otherwise forging written instruments; or

�� (b) With intent to use, or to aid or permit another to use, the same for purposes of forgery, the person makes or possesses any device, apparatus, equipment or article capable of or adaptable to such use.

�� (2) Criminal possession of a forgery device is a Class C felony. [1971 c.743 �156]

�� 165.035 [Repealed by 1971 c.743 �432]

�� 165.037 Criminal simulation. (1) A person commits the crime of criminal simulation if:

�� (a) With intent to defraud, the person makes or alters any object in such a manner that it appears to have an antiquity, rarity, source or authorship that it does not in fact possess; or

�� (b) With knowledge of its true character and with intent to defraud, the person utters or possesses an object so simulated.

�� (2) Criminal simulation is a Class A misdemeanor. [1971 c.743 �157]

�� 165.040 [Repealed by 1971 c.743 �432]

�� 165.042 Fraudulently obtaining a signature. (1) A person commits the crime of fraudulently obtaining a signature if, with intent to defraud or injure another, the person obtains the signature of a person to a written instrument by knowingly misrepresenting any fact.

�� (2) Fraudulently obtaining a signature is a Class A misdemeanor. [1971 c.743 �158]

�� 165.045 [Repealed by 1971 c.743 �432]

�� 165.047 Unlawfully using slugs. (1) A person commits the crime of unlawfully using slugs if:

�� (a) With intent to defraud the supplier of property or a service sold or offered by means of a coin machine, the person inserts, deposits or otherwise uses a slug in such machine; or

�� (b) The person makes, possesses, offers for sale or disposes of a slug with intent to enable a person to use it fraudulently in a coin machine.

�� (2) As used in this section:

�� (a) �Coin machine� means a coin box, turnstile, vending machine, or other mechanical or electronic device or receptacle designed to receive a coin or bill of a certain denomination or a token made for such purpose, and in return for the insertion or deposit thereof, automatically to offer, provide, assist in providing or permit the acquisition or use of some property or service.

�� (b) �Slug� means an object, article or device which, by virtue of its size, shape or any other quality is capable of being inserted, deposited, or otherwise used in a coin machine as a fraudulent substitute for a genuine coin, bill or token.

�� (3) Unlawfully using slugs is a Class B misdemeanor. [1971 c.743 �159]

�� 165.055 Fraudulent use of a credit card. (1) A person commits the crime of fraudulent use of a credit card if, with intent to injure or defraud, the person uses a credit card for the purpose of obtaining property or services with knowledge that:

�� (a) The card is stolen or forged;

�� (b) The card has been revoked or canceled; or

�� (c) For any other reason the use of the card is unauthorized by either the issuer or the person to whom the credit card is issued.

�� (2) �Credit card� means a card, booklet, credit card number or other identifying symbol or instrument evidencing an undertaking to pay for property or services delivered or rendered to or upon the order of a designated person or bearer.

�� (3) The value of single credit card transactions may be added together if the transactions were committed:

�� (a) Against multiple victims within a 30-day period; or

�� (b) Against the same victim within a 180-day period.

�� (4) Fraudulent use of a credit card is:

�� (a) A Class A misdemeanor if the aggregate total amount of property or services the person obtains or attempts to obtain is less than $1,000.

�� (b) A Class C felony if the aggregate total amount of property or services the person obtains or attempts to obtain is $1,000 or more. [1971 c.743 �160; 1973 c.133 �7; 1987 c.907 �11; 1993 c.680 �26; 2009 c.16 �7]

�� 165.065 Negotiating a bad check. (1) A person commits the crime of negotiating a bad check if the person makes, draws or utters a check or similar sight order for the payment of money, knowing that it will not be honored by the drawee.

�� (2) For purposes of this section, unless the check or order is postdated, it is prima facie evidence of knowledge that the check or order would not be honored if:

�� (a) The drawer has no account with the drawee at the time the check or order is drawn or uttered; or

�� (b) Payment is refused by the drawee for lack of funds, upon presentation within 30 days after the date of utterance, and the drawer fails to make good within 10 days after receiving notice of refusal.

�� (3) Negotiating a bad check is:

�� (a) A Class A misdemeanor, except as provided in paragraph (b) of this subsection.

�� (b) Enhanced from a Class A misdemeanor to a Class C felony if at the time of sentencing it is established beyond a reasonable doubt that the person has been convicted in this state, within the preceding five years, of the crime of negotiating a bad check or of theft by deception by means of a bad check. [1971 c.743 �161; 1979 c.594 �1]

�� 165.070 Possessing fraudulent communications device.

(1) A person commits the crime of possessing a fraudulent communications device if the person:

�� (a) Makes, possesses, sells, gives or otherwise transfers to another, or offers or advertises pictures or diagrams concerning an instrument, apparatus or device with intent that the same be used or with knowledge or reason to believe the same is intended to or may be used to avoid any lawful telephone or telegraph toll charge or to conceal the existence or place of origin or destination of any telephone or telegraph communication; or

�� (b) Sells, gives or otherwise transfers to another or offers, or advertises plans or instructions for making or assembling an instrument, apparatus or device described in paragraph (a) of this subsection with knowledge or reason to believe that they may be used to make or assemble such instrument, apparatus or device.

�� (2) An instrument, apparatus, device, plans, instructions or written publication described in subsection (1) of this section may be seized under warrant or incident to a lawful arrest, and upon the conviction of a person under subsection (1) of this section, such instrument, apparatus, device, plans, instructions or written publication may be destroyed as contraband by the sheriff of the county in which such person was convicted or turned over to the person providing telephone or telegraph service in the territory in which the same was seized.

�� (3) Possessing a fraudulent communications device is a Class C felony. [1973 c.133 �5]

�� 165.072 Definitions for ORS 165.072 and 165.074. As used in this section and ORS 165.074, unless the context requires otherwise:

�� (1) �Cardholder� means a person to whom a payment card is issued or a person who is authorized to use the payment card.

�� (2) �Credit card� means a card, plate, booklet, credit card number, credit card account number or other identifying symbol, instrument or device that can be used to pay for, or to obtain on credit, goods or services.

�� (3) �Financial institution� means a financial institution as that term is defined in ORS