BALLOT MEASURE 11 GUIDE

OREGON ARSON AND RECKLESS BURNING LAWS



David N Lesh
Oregon Arson Defense Attorney
Oregon Super Lawyer 2018, 2019, 2020

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   ORS 164.315 Arson in the second degree (Sometimes called Arson 2).

  (1) A person commits the crime of arson in the second degree if:

   (a) By starting a fire or causing an explosion, the person intentionally damages:

   (A) Any building of another that is not protected property; or

   (B) Any property of another and the damages to the property exceed $750; or

   (b) By knowingly engaging in the manufacture of methamphetamine, the person causes fire or causes an explosion that damages property described in paragraph (a) of this subsection.

   (2) Arson in the second degree is a Class C felony. [1971 c.743 §143; 2001 c.432 §1; 2005 c.706 §3]

   ORS 164.325 Arson in the first degree (Sometimes called Arson 1).

  (1) A person commits the crime of arson in the first degree if:

   (a) By starting a fire or causing an explosion, the person intentionally damages:

   (A) Protected property of another;

   (B) Any property, whether the property of the person or the property of another person, and such act recklessly places another person in danger of physical injury or protected property of another in danger of damage; or

   (C) Any property, whether the property of the person or the property of another person, and recklessly causes serious physical injury to a firefighter or peace officer acting in the line of duty relating to the fire; or

   (b) By knowingly engaging in the manufacture of methamphetamine, the person causes fire or causes an explosion that damages property described in paragraph (a) of this subsection.

     (2) Arson in the first degree is a Class A felony. [1971 c.743 §144; 1991 c.946 §1; 2005 c.706 §4]

  ORS 164.335 Reckless burning.

  (1) A person commits the crime of reckless burning if the person recklessly damages property of another by fire or explosion.

   (2) Reckless burning is a Class A misdemeanor. [1971 c.743 §142]

     ORS 164.338 Arson incident to the manufacture of a controlled substance in the second degree. 

 

         (1) A person commits the crime of arson incident to the manufacture of a controlled substance in the second degree if, by knowingly engaging in the manufacture of a controlled substance, the person causes a fire or causes an explosion that damages:

      (a) Any building of another that is not protected property; or

      (b) Any property of another and the damages to the property exceed $750.

 

      (2) Arson incident to the manufacture of a controlled substance in the second degree is a Class C felony.

 

      (3) As used in this section and ORS 164.342, “controlled substance” and “manufacture” have the meanings given those terms in ORS 475.005. [2017 c.248 §2]

 

      ORS 164.342 Arson incident to the manufacture of a controlled substance in the first degree. 

 

         (1) A person commits the crime of arson incident to the manufacture of a controlled substance in the first degree if, by knowingly engaging in the manufacture of a controlled substance, the person causes a fire or causes an explosion that damages:

      (a) The protected property of another;

      (b) Any property, whether the property of the person or the property of another person, if the fire or explosion recklessly places another person in danger of physical injury or protected property of another in danger of damage; or

      (c) Any property, whether the property of the person or the property of another person, if the fire or explosion recklessly causes serious physical injury to a firefighter or peace officer acting in the line of duty relating to the fire or explosion.

 

      (2) Arson incident to the manufacture of a controlled substance in the first degree is a Class A felony. [2017 c.248 §3]


         ORS 164.305 Definitions for ORS 164.305 to 164.377. 

 

      As used in ORS 164.305 to 164.377, except as the context requires otherwise:

 

      (1) “Protected property” means any structure, place or thing customarily occupied by people, including “public buildings” as defined by ORS 479.168 and “forestland,” as defined by ORS 477.001.

 

      (2) “Property of another” means property in which anyone other than the actor has a legal or equitable interest that the actor has no right to defeat or impair, even though the actor may also have such an interest in the property. [1971 c.743 §141; 1977 c.640 §1; 1989 c.584 §1; 2003 c.543 §1]




Arson in the first degree is a Ballot Measure 11 crime which will result in a 90 months minimum sentence if convicted.

 

 


About the Author: 

David Lesh is a Portland attorney emphasizing the defense of serious criminal charges.  He has been a member of the Oregon State Bar since 1990.  Mr. Lesh is a former Multnomah County prosecutor (5 years) and lawyer to the Portland Police Bureau (3 years).  He was named an Oregon Super Lawyer in 2018, 2019, and 2020.  His law practice has an A+ BBB rating.
Office Location:  434 NW 19th Avenue; Portland, OR  97209
Phone:  503.546.2928   |   Fax:  503.296.2935
Email: info @ davidlesh.net (no spaces)

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