Oregon Statutes 164.164 – Defense in prosecution under ORS 164.162; applicability of ORS 164.162
(1) In a prosecution under ORS § 164.162, it is a defense that the defendant acted under an honest claim of right in that:
Terms Used In Oregon Statutes 164.164
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
(a) The defendant was unaware that the property was that of another person;
(b) The defendant reasonably believed that the defendant was entitled to the property involved or had a right to acquire or dispose of it as the defendant did; or
(c) The property involved was that of the defendant’s spouse, unless the parties were not living together as spouses in a marriage and were living in separate abodes at the time of the alleged offense.
(2)(a) ORS § 164.162 does not apply to employees charged with the operation of facilities listed in paragraph (b) of this subsection when the employees are carrying out their official duties to protect the safety and security of the facilities.
(b) The facilities to which paragraph (a) of this subsection applies are juvenile detention facilities and local correctional facilities as defined in ORS § 169.005, detention facilities as defined in ORS § 419A.004, youth correction facilities as defined in ORS § 420.005 and Department of Corrections institutions as defined in ORS § 421.005. [1999 c.920 § 3; 2015 c.629 § 32]
See note under 164.160.
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