ORS Chapter 165
Chapter 165 — OffensesInvolving Fraud or Deception
2009 EDITION
OFFENSESINVOLVING FRAUD OR DECEPTION
CRIMESAND PUNISHMENTS
FORGERYAND RELATED OFFENSES
165.002 Definitionsfor ORS 165.002 to 165.070
165.007 Forgeryin the second degree
165.013 Forgeryin the first degree
165.017 Criminalpossession of a forged instrument in the second degree
165.022 Criminalpossession of a forged instrument in the first degree
165.027 Evidenceadmissible to prove forgery or possession of forged instrument
165.032 Criminalpossession of a forgery device
165.037 Criminalsimulation
165.042 Fraudulentlyobtaining a signature
165.047 Unlawfullyusing slugs
165.055 Fraudulentuse of a credit card
165.065 Negotiatinga bad check
165.070 Possessingfraudulent communications device
165.072 Definitionsfor ORS 165.072 and 165.074
165.074 Unlawfulfactoring of payment card transaction
BUSINESSAND COMMERCIAL OFFENSES
165.075 Definitions
165.080 Falsifyingbusiness records
165.085 Sportsbribery
165.090 Sportsbribe receiving
165.095 Misapplicationof entrusted property
165.100 Issuinga false financial statement
165.102 Obtainingexecution of documents by deception
165.107 Metalproperty transaction records; prohibited conduct
165.109 Failingto maintain a cedar purchase record
165.114 Saleof educational assignments
165.116 Definitionsfor ORS 164.857 and 165.116 to 165.124
165.118 Metalproperty offenses
165.122 Compliancewith subpoena for information related to metal transaction; lost or stolen metalproperty
165.124 Applicationof ORS 164.857, 165.107, 165.116, 165.118 and 165.122
165.127 Countymetal theft plan of action
CRIMESINVOLVING COMMUNICATIONS
165.475 Sendingtelegrams in order of receipt
165.480 Telegramshaving priority in time of war or crisis
165.485 Wrongfulalteration of telegraphic message
165.490 Useby company agent of information contained in message
165.495 Refusingto send or deliver message or sending message out of order
165.505 Openingor procuring telegraphic message addressed to another; civil liability
165.510 Learningcontents of telegraphic message sent to another; civil liability
165.515 Briberyof telegraph company agents to disclose contents of message
165.520 Opening,reading or publishing letter; federal jurisdiction
165.535 Definitionsapplicable to obtaining contents of communications
165.540 Obtainingcontents of communications
165.542 Reportsrequired concerning use of electronic listening device
165.543 Interceptionof communications
165.545 Prohibitionsnot applicable to fire or police activities
165.549 Preventionof telephone communications when hostage taken; duties of telephone company;defense against liability
165.555 Unlawfultelephone solicitation of contributions for charitable purposes
165.560 Applicationof ORS 165.555
165.565 Optionallocal ordinances; certain existing local ordinances preserved
165.570 Improperuse of emergency reporting system
165.572 Interferencewith making a report
CELLULARTELEPHONES
165.575 Definitions
165.577 Cellularcounterfeiting in the third degree
165.579 Cellularcounterfeiting in the second degree
165.581 Cellularcounterfeiting in the first degree
165.583 Exemptionsfrom ORS 165.577, 165.579 and 165.581
USEOF PEN REGISTERS AND TRAP AND TRACE DEVICES
165.657 Definitionsfor ORS 165.659 to 165.669
165.659 Generalprohibition
165.661 Whenprovider of communication service may use devices
165.663 Useby police; application to court; statement required
165.667 Orderby court; findings; contents of order
165.669 Dutiesimposed upon certain persons upon service of order authorizing installation ofpen register or trap and trace device; compensation to persons; immunity
165.671 Defenseto civil or criminal action
165.673 Disclosureof results prohibited; exception
FALSECLAIMS FOR HEALTH CARE PAYMENTS
165.690 Definitions
165.692 Makingfalse claim for health care payment
165.694 Aggregationof claims
165.696 Whomay commence prosecution
165.698 Noticeof conviction
MISCELLANEOUS
165.800 Identitytheft
165.803 Aggravatedidentity theft
165.805 Misrepresentationof age by a minor
165.810 Unlawfulpossession of a personal identification device
165.813 Unlawfulpossession of fictitious identification
165.825 Saleof drugged horse
165.840 Meaningof “telegraphic copy” in ORS 165.845 and 165.850
165.845 Makingand drawing of checks and notes by wire
165.850 Mannerof expressing private and official seals in telegrams
PENALTIES
165.990 Penalties
FORGERYAND RELATED OFFENSES
165.002Definitions for ORS 165.002 to 165.070. As used in ORS 165.002 to 165.027, and165.032 to 165.070, unless the context requires otherwise:
(1)“Written instrument” means any paper, document, instrument, article orelectronic record containing written or printed matter or the equivalentthereof, whether complete or incomplete, used for the purpose of reciting,embodying, conveying or recording information or constituting a symbol orevidence of value, right, privilege or identification, which is capable ofbeing used to the advantage or disadvantage of some person.
(2)“Complete written instrument” means one which purports to be a genuine writteninstrument fully drawn with respect to every essential feature thereof.
(3)“Incomplete written instrument” means one which contains some matter by way ofcontent or authentication but which requires additional matter in order torender it a complete written instrument.
(4)To “falsely make” a written instrument means to make or draw a complete writteninstrument in its entirety, or an incomplete written instrument which purportsto be an authentic creation of its ostensible maker, but which is not, eitherbecause the ostensible maker is fictitious or because, if real, the ostensiblemaker did not authorize the making or drawing thereof.
(5)To “falsely complete” a written instrument means to transform, by adding,inserting or changing matter, an incomplete written instrument into a completeone, without the authority of anyone entitled to grant it, so that the completewritten instrument falsely appears or purports to be in all respects anauthentic creation of its ostensible maker or authorized by the ostensiblemaker.
(6)To “falsely alter” a written instrument means to change, without authorizationby anyone entitled to grant it, a written instrument, whether complete orincomplete, by means of erasure, obliteration, deletion, insertion of newmatter, transposition of matter, or in any other manner, so that the instrumentso altered falsely appears or purports to be in all respects an authenticcreation of its ostensible maker or authorized by the ostensible maker.
(7)To “utter” means to issue, deliver, publish, circulate, disseminate, transferor tender a written instrument or other object to another.
(8)“Forged instrument” means a written instrument which has been falsely made,completed or altered.
(9)“Electronic record” has the meaning given that term in ORS 84.004.
(10)“Signature” includes, but is not limited to, an electronic signature, asdefined in ORS 84.004. [1971 c.743 §151; 2001 c.535 §27]
165.005 [Amended by1955 c.435 §1; repealed by 1971 c.743 §432]
165.007Forgery in the second degree. (1) A person commits the crime offorgery 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