OREGON THEFT GUIDE
OREGON COMPUTER CRIME LAWS


David N Lesh

Oregon Criminal Defense Attorney
Oregon Super Lawyer 2018, 2019, 2020

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Oregon Computer Crime Laws

   ORS 164.377 Computer crime. 

   (1) As used in this section:

      (a) To “access” means to instruct, communicate with, store data in, retrieve data from or otherwise make use of any resources of a computer, computer system or computer network.

      (b) “Computer” means, but is not limited to, an electronic, magnetic, optical electrochemical or other high-speed data processing device that performs logical, arithmetic or memory functions by the manipulations of electronic, magnetic or optical signals or impulses, and includes the components of a computer and all input, output, processing, storage, software or communication facilities that are connected or related to such a device in a system or network.

      (c) “Computer network” means, but is not limited to, the interconnection of communication lines, including microwave or other means of electronic communication, with a computer through remote terminals or a complex consisting of two or more interconnected computers.

      (d) “Computer program” means, but is not limited to, a series of instructions or statements, in a form acceptable to a computer, which permits the functioning of a computer system in a manner designed to provide appropriate products from or usage of such computer system.

      (e) “Computer software” means, but is not limited to, computer programs, procedures and associated documentation concerned with the operation of a computer system.

      (f) “Computer system” means, but is not limited to, a set of related, connected or unconnected, computer equipment, devices and software. “Computer system” also includes any computer, device or software owned or operated by the Oregon State Lottery or rented, owned or operated by another person or entity under contract to or at the direction of the Oregon State Lottery.

      (g) “Data” means a representation of information, knowledge, facts, concepts, computer software, computer programs or instructions. “Data” may be in any form, in storage media, or as stored in the memory of the computer, or in transit, or presented on a display device. “Data” includes, but is not limited to, computer or human readable forms of numbers, text, stored voice, graphics and images.

      (h) “Intimate image” means a photograph, film, video, recording, digital picture or other visual reproduction of a person whose intimate parts are visible or who is engaged in sexual conduct.

      (i) “Intimate parts” means uncovered human genitals, pubic areas or female nipples.

      (j) “Property” includes, but is not limited to, financial instruments, information, including electronically produced data, and computer software and programs in either computer or human readable form, intellectual property and any other tangible or intangible item of value.

      (k) “Proprietary information” includes any scientific, technical or commercial information including any design, process, procedure, list of customers, list of suppliers, customers’ records or business code or improvement thereof that is known only to limited individuals within an organization and is used in a business that the organization conducts. The information must have actual or potential commercial value and give the user of the information an opportunity to obtain a business advantage over competitors who do not know or use the information.

      (L) “Services” includes, but is not limited to, computer time, data processing and storage functions.

      (m) “Sexual conduct” means sexual intercourse or oral or anal sexual intercourse, as those terms are defined in ORS 163.305, or masturbation.

 

      (2) Any person commits computer crime who knowingly accesses, attempts to access or uses, or attempts to use, any computer, computer system, computer network or any part thereof for the purpose of:

      (a) Devising or executing any scheme or artifice to defraud;

      (b) Obtaining money, property or services by means of false or fraudulent pretenses, representations or promises; or

      (c) Committing theft, including, but not limited to, theft of proprietary information or theft of an intimate image.

 

      (3) Any person who knowingly and without authorization alters, damages or destroys any computer, computer system, computer network, or any computer software, program, documentation or data contained in such computer, computer system or computer network, commits computer crime.

 

      (4) Any person who knowingly and without authorization uses, accesses or attempts to access any computer, computer system, computer network, or any computer software, program, documentation or data contained in such computer, computer system or computer network, commits computer crime.

 

      (5)(a) A violation of the provisions of subsection (2) or (3) of this section shall be a Class C felony. Except as provided in paragraph (b) of this subsection, a violation of the provisions of subsection (4) of this section shall be a Class A misdemeanor.

      (b) Any violation of this section relating to a computer, computer network, computer program, computer software, computer system or data owned or operated by the Oregon State Lottery or rented, owned or operated by another person or entity under contract to or at the direction of the Oregon State Lottery Commission shall be a Class C felony. [1985 c.537 §8; 1989 c.737 §1; 1991 c.962 §17; 2001 c.870 §18; 2015 c.350 §1; 2017 c.318 §13]

 


 

Computer crime is usually a Class C felony.  Although a prison sentence is possible, the usual sentence is probation with some jail time.




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
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