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