(1) A person commits the crime of possession of a burglary tool or theft device if the person possesses a burglary tool or theft device and the person:

Attorney's Note

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

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Terms Used In Oregon Statutes 164.235

  • Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100

(a) Intends to use the tool or device to commit or facilitate a forcible entry into premises or a theft by a physical taking; or

(b) Knows that another person intends to use the tool or device to commit or facilitate a forcible entry into premises or a theft by a physical taking.

(2) For purposes of this section, ‘burglary tool or theft device’ means an acetylene torch, electric arc, burning bar, thermal lance, oxygen lance or other similar device capable of burning through steel, concrete or other solid material, or nitroglycerine, dynamite, gunpowder or any other explosive, tool, instrument or other article adapted or designed for committing or facilitating a forcible entry into premises or theft by a physical taking.

(3) Possession of a burglary tool or theft device is a Class A misdemeanor. [1971 c.743 § 138; 1999 c.1040 § 13; 2003 c.577 § 9]

[Amended by 1959 c.99 § 1; repealed by 1971 c.743 § 432]