(1) A person commits the crime of unlawful use of a global positioning system device if the person knowingly affixes a global positioning system device to a motor vehicle without consent of the owner of the motor vehicle.

Attorney's Note

Under the Oregon Statutes, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
Class C felonyup to 5 yearsup to $125,000
Class A misdemeanorup to 364 daysup to $6,250
For details, see Or. Rev. Stat.161.605 and Or. Rev. Stat.Or. Rev. Stat.161.615

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Terms Used In Oregon Statutes 163.715

  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100

(2)(a) Except as provided in paragraph (b) of this subsection, unlawful use of a global positioning system device is a Class A misdemeanor.

(b) Unlawful use of a global positioning system device is a Class C felony if, at the time of the offense, the person:

(A) Has been previously convicted of stalking under ORS § 163.732, violating a court’s stalking order under ORS § 163.750 or committing an equivalent crime in another jurisdiction; or

(B) Is the subject of a citation issued under ORS § 163.735, an order issued under ORS § 30.866, 107.700 to 107.735 or 163.738 or another court order prohibiting the person from contacting another person.

(3) This section does not apply to:

(a) A police officer who affixes a global positioning system device to a motor vehicle pursuant to a warrant or court order; or

(b) A person who affixes a global positioning system device to a motor vehicle operated by a motor carrier.

(4) As used in this section:

(a) ‘Global positioning system device’ means an electronic device that permits the tracking of a person or object by means of global positioning system coordinates.

(b) ‘Motor carrier’ has the meaning given that term in ORS § 825.005.

(c) ‘Police officer’ has the meaning given that term in ORS § 133.525. [2017 c.649 § 1]

 

163.715 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS Chapter 163 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

 

STALKING