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OREGON CRIMINAL TRESPASS LAWS


David N Lesh

Oregon Criminal Defense Attorney
Oregon Super Lawyer 2018 and 2019

Call today:  (503) 546-2928
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   ORS 164.243 Criminal trespass in the second degree by a guest. 

A guest commits the crime of criminal trespass in the second degree if that guest intentionally remains unlawfully in a transient lodging after the departure date of the guest’s reservation without the approval of the hotelkeeper. “Guest” means a person who is registered at a hotel and is assigned to transient lodging, and includes any individual accompanying the person. [1979 c.856 §2]

 

   ORS 164.245 Criminal trespass in the second degree (Criminal Trespass 2). 

 

   (1) A person commits the crime of criminal trespass in the second degree if the person enters or remains unlawfully in a motor vehicle or in or upon premises.

   (2) Criminal trespass in the second degree is a Class C misdemeanor. [1971 c.743 §139; 1999 c.1040 §9]

POSSIBLE SENTENCE
Probation Sometimes
Jail Sometimes

 

   ORS 164.255 Criminal trespass in the first degree (Criminal Trespass 1). 

 

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

   (a) Enters or remains unlawfully in a dwelling;

   (b) Having been denied future entry to a building pursuant to a merchant’s notice of trespass, reenters the building during hours when the building is open to the public with the intent to commit theft therein;

   (c) Enters or remains unlawfully upon railroad yards, tracks, bridges or rights of way; or

   (d) Enters or remains unlawfully in or upon premises that have been determined to be not fit for use under ORS 453.855 to 453.912.

   (2) Subsection (1)(d) of this section does not apply to the owner of record of the premises if:

   (a) The owner notifies the law enforcement agency having jurisdiction over the premises that the owner intends to enter the premises;

   (b) The owner enters or remains on the premises for the purpose of inspecting or decontaminating the premises or lawfully removing items from the premises; and

   (c) The owner has not been arrested for, charged with or convicted of a criminal offense that contributed to the determination that the premises are not fit for use.

   (3) Criminal trespass in the first degree is a Class A misdemeanor. [1971 c.743 §140; 1993 c.680 §23; 1999 c.837 §1; 2001 c.386 §1; 2003 c.527 §1]

POSSIBLE SENTENCE
Probation Usually
Jail Sometimes

 

   ORS 164.265 Criminal trespass while in possession of a firearm. 

 

   (1) A person commits the crime of criminal trespass while in possession of a firearm who, while in possession of a firearm, enters or remains unlawfully in or upon premises.

   (2) Criminal trespass while in possession of a firearm is a Class A misdemeanor. [1979 c.603 §2]

POSSIBLE SENTENCE
Probation Usually
Jail Sometimes

 



"I defend and help people facing criminal trespass charges in the Portland metro area. 
Call me today at 503.546.2928 for immediate assistance with your assault case."

Twenty eight years as an Oregon attorney
Former Multnomah County assault prosecutor
Former deputy city attorney assigned to the Portland Police Bureau

2018 and 2019 Oregon Super Lawyer
Highly Rated


"Should you hire me to represent you, I will be your lawyer and point of contact.
I don't use-low level associates, paralegals, legal assistants, or case managers.
I personally respond to your phone calls and emails; I meet with you; I appear with you in court."



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David Lesh provides Oregon assault defense assistance to the communities of:  Portland Ore., Portland OR, NW Northwest, SW Southwest, SE Southeast, NE Northeast, and N North; Gresham; Beaverton; Hillsboro; Lake Oswego; McMinnville; Oregon City; Tualatin; West Linn; Milwaukie; Wilsonville; Troutdale; and Multnomah County; Clackamas Counties.  Read our privacy statement.  Mr. Lesh accepts American Express, Discover, Visa and MasterCard credit cards / card.  Copyright 2019, 2018, 2017, 2016, 2015, 2014, 2013, 2012, 2011, 2010, 2009, 2008, 2007.