Call David Lesh today at 503.546.2928 if you need an experienced attorney to assist you with an Oregon criminal mischief charge.

Former prosecutor dedicated to criminal defense.
More than 20 years as an Oregon attorney.
Call today for a no cost consultation.
(503) 546-2928

THE OREGON CRIMINAL LAW GUIDE

MAIN PAGE OREGON CRIMINAL MISCHIEF LAWYER PORTLAND DUI LAWS OREGON HIT AND RUN LAW
"I defend people facing criminal mischief charges in Multnomah County, Clackamas County, and Washington County."

CRIMINAL MISCHIEF, CABLET TV, AND GRAFFITI CHARGES IN OREGON

   ORS 164.345 Criminal mischief in the third degree [Criminal Mischief III]. (1) A person commits the crime of criminal mischief in the third degree if, with intent to cause substantial inconvenience to the owner or to another person, and having no right to do so nor reasonable ground to believe that the person has such right, the person tampers or interferes with property of another.

   (2) Criminal mischief in the third degree is a Class C misdemeanor. [1971 c.743 §145]

POSSIBLE SENTENCE
Probation Usually
Jail Sometimes

   ORS 164.354 Criminal mischief in the second degree [Criminal Mischief II]. (1) A person commits the crime of criminal mischief in the second degree if:

   (a) The person violates ORS 164.345, and as a result thereof, damages property in an amount exceeding $500; or

   (b) Having no right to do so nor reasonable ground to believe that the person has such right, the person intentionally damages property of another, or, the person recklessly damages property of another in an amount exceeding $500.

   (2) Criminal mischief in the second degree is a Class A misdemeanor. [1971 c.743 §146; 2009 c.16 §5]

POSSIBLE SENTENCE
Probation Always
Jail Sometimes
License Suspension 90 days or more*
* if charged as a traffic crime

   ORS 164.365 Criminal mischief in the first degree [Criminal Mischief I]. (1) A person commits the crime of criminal mischief in the first degree who, with intent to damage property, and having no right to do so nor reasonable ground to believe that the person has such right:

   (a) Damages or destroys property of another:

   (A) In an amount exceeding $1,000;

   (B) By means of an explosive;

   (C) By starting a fire in an institution while the person is committed to and confined in the institution;

   (D) Which is a livestock animal as defined in ORS 164.055;

   (E) Which is the property of a public utility, telecommunications carrier, railroad, public transportation facility or medical facility used in direct service to the public; or

   (F) By intentionally interfering with, obstructing or adulterating in any manner the service of a public utility, telecommunications carrier, railroad, public transportation facility or medical facility; or

   (b) Intentionally uses, manipulates, arranges or rearranges the property of a public utility, telecommunications carrier, railroad, public transportation facility or medical facility used in direct service to the public so as to interfere with its efficiency.

   (2) As used in subsection (1) of this section:

   (a) “Institution” includes state and local correctional facilities, mental health facilities, juvenile detention facilities and state training schools.

   (b) “Medical facility” means a health care facility as defined in ORS 442.015, a licensed physician’s office or anywhere a licensed medical practitioner provides health care services.

   (c) “Public utility” has the meaning provided for that term in ORS 757.005 and includes any cooperative, people’s utility district or other municipal corporation providing an electric, gas, water or other utility service.

   (d) “Railroad” has the meaning provided for that term in ORS 824.020.

   (e) “Public transportation facility” means any property, structure or equipment used for or in connection with the transportation of persons for hire by rail, air or bus, including any railroad cars, buses or airplanes used to carry out such transportation.

   (f) “Telecommunications carrier” has the meaning given that term in ORS 133.721.

   (3) Criminal mischief in the first degree is a Class C felony. [1971 c.743 §147; 1973 c.133 §6; 1975 c.344 §1; 1979 c.805 §1; 1983 c.740 §33a; 1987 c.447 §104; 1987 c.907 §10; 1989 c.584 §2; 1991 c.837 §13; 1991 c.946 §2; 1993 c.94 §1; 1993 c.332 §3; 1999 c.1040 §11; 1999 c.1093 §2; 2003 c.543 §4; 2009 c.16 §6]

POSSIBLE SENTENCE
Probation Usually
Jail Usually
Prison Sometimes

 

   ORS 164.367 Determining value of damage; aggregation. For purposes of ORS 164.345, 164.354 and 164.365, the value of damage done during single incidents of criminal mischief may be added together if the incidents of criminal mischief were committed:

   (1) Against multiple victims in the same course of conduct; or

   (2) Against the same victim, or two or more persons who are joint owners, within a 30-day period. [1999 c.1040 §12]

 

   ORS 164.373 Tampering with cable television equipment. (1) A person commits the crime of tampering with cable television equipment if the person:

   (a) Knowingly tampers or otherwise interferes with or connects to by any means, whether mechanical, electrical, acoustical or other means, any cable, wire or other device used for the distribution of cable television service, without authority of the provider of such service; or

   (b) Knowingly permits another person to tamper or otherwise interfere with, or connect to by any means, whether mechanical, electrical, acoustical or other means, any cable, wire or other device used for the distribution of cable television service, such tampering, interfering or connecting being upon premises under the control of such first person or intended for the benefit of such first person, without authority of the provider of such service.

   (2) Tampering with cable television equipment is a Class B misdemeanor. [1985 c.537 §5]

 

POSSIBLE SENTENCE
Probation Usually
Jail Sometimes

 

   ORS 164.381 Definitions. As used in ORS 137.131, 164.381 to 164.386 and 419C.461:

   (1) “Graffiti” means any inscriptions, words, figures or designs that are marked, etched, scratched, drawn, painted, pasted or otherwise affixed to the surface of property.

   (2) “Graffiti implement” means paint, ink, chalk, dye or other substance or any instrument or article designed or adapted for spraying, marking, etching, scratching or carving surfaces. [1995 c.615 §1]

 

   ORS 164.383 Unlawfully applying graffiti. (1) A person commits the offense of unlawfully applying graffiti if the person, having no right to do so nor reasonable ground to believe that the person has such right, intentionally damages property of another by applying graffiti to the property.

   (2) Unlawfully applying graffiti is a Class A violation. Upon a conviction for unlawfully applying graffiti, a court, in addition to any fine it imposes and pursuant to ORS 137.128 but notwithstanding ORS 137.129, may order the defendant to perform up to 100 hours of community service. The community service must include removing graffiti, either those that the defendant created or those created by another, or both.

  (3) If the court orders community service, the community service must be completed within six months after entry of the order unless the person shows good cause why community service cannot be completed within the six-month time period. [1995 c.615 §2; 1999 c.1051 §156]

 

   ORS 164.386 Unlawfully possessing a graffiti implement. (1) A person commits the offense of unlawfully possessing a graffiti implement if the person possesses a graffiti implement with the intent of using the graffiti implement in violation of ORS 164.383.

   (2) Unlawfully possessing a graffiti implement is a Class C violation. Upon a conviction for unlawfully possessing a graffiti implement, a court, in addition to any fine it imposes and pursuant to ORS 137.128 but notwithstanding ORS 137.129, may order the defendant to perform up to 50 hours of community service. The community service must include removing graffiti, either those that the defendant created or those created by another, or both.

   (3) If the court orders community service, the community service must be completed within six months after entry of the order unless the person shows good cause why community service cannot be completed within the six-month time period. [1995 c.615 §3; 1999 c.1051 §157]

 

   ORS 164.388 Preemption. The provisions of ORS 137.131, 164.381 to 164.386 and 419C.461 are not intended to preempt any local regulation of graffiti or graffiti-related activities or any prosecution under ORS 164.345, 164.354 or 164.365. [1995 c.615 §7; 1999 c.1040 §6]


David N Lesh
Oregon Defense Lawyer
No cost initial consultation



503.546.2928
434 NW 19th Avenue
Portland, OR  97209


TIP:  Criminal mischief offenses are expungeable.  In other jurisdictions these crimes may be known as vandalism or malicious mischief. 



David Lesh Mini Biography

Oregon attorney since 1990;

Former prosecutor;

Former Portland Police Bureau lawyer;

Sought after criminal defense attorney.

 





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