(1) A person commits the offense of unlawfully altering metal property if the person, with intent to deceive a scrap metal business as to the ownership or origin of an item of metal property, knowingly removes, alters, renders unreadable or invisible or obliterates a name, logo, model or serial number, personal identification number or other mark or method that a manufacturer uses to identify the metal property.

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(2)(a) A person commits the offense of making a false statement on a metal property record if the person:

(A) Knowingly makes, causes or allows to be made a false entry or misstatement of material fact in a metal property record described in ORS § 165.117; or

(B) Signs a declaration under ORS § 165.117 knowing that the nonferrous metal property or private metal property that is the subject of a transaction is stolen.

(b) As used in this subsection, ‘material fact’ means information required under ORS § 165.117 (1)(a)(C) or (4)(b).

(3) A person commits the offense of unlawfully purchasing or receiving metal property if the person is a scrap metal business, is an agent or employee of a scrap metal business or engages in the business of purchasing or receiving metal property and the person does any of the following:

(a) Conducts a private metal property transaction or purchases or receives private metal property without holding a license required by state law or local ordinance to engage in all applicable business activity.

(b) Fails to create a metal property record under ORS § 165.117 when purchasing or receiving private metal property or fails to properly maintain metal property records related to private metal property.

(c) Purchases or receives private metal property at any place other than a fixed place of business for either the scrap metal business or the commercial seller.

(d) Purchases or receives private metal property if the person is not, or is not an agent or employee of, a business enterprise with a fixed place of business.

(e) Fails to report any of the following to a law enforcement agency within 24 hours:

(A) The purchase or receipt of metal property that the person knows or has good reason to know was the subject of theft.

(B) The purchase or receipt of metal property that the person knows or has good reason to know has been unlawfully altered as described in subsection (1) of this section.

(C) The purchase or receipt of metallic wire from which insulation has been removed, unless the individual offering the wire for purchase or receipt can prove by appropriate documentation that the individual owns or is entitled to offer the wire for purchase or receipt and that the insulation has been removed by accident or was done by legitimate means or for a legitimate purpose. The scrap metal business shall retain a copy of the documentation provided.

(D) The purchase or receipt of commercial metal property that the person knows or has good reason to know was purchased or received from a person other than:

(i) A commercial seller that has a commercial account with the scrap metal business; or

(ii) An individual who can produce written documentation or identification that proves that the individual is an employee, agent or other individual authorized by a commercial seller that has a commercial account with the scrap metal business to deliver commercial metal property for purchase or receipt.

(E) The purchase or receipt of metal property from an individual whom the person knows or has good reason to know is under 16 years of age or has, according to written or electronically transmitted information provided by a peace officer or government agency, been convicted within the past five years, as a principal, agent or accessory of a crime involving:

(i) Drugs;

(ii) Burglary, robbery or theft;

(iii) Possession or receipt of stolen property;

(iv) The manufacture, delivery or possession of, with intent to deliver, methamphetamine;

(v) The manufacture, delivery or possession of, with intent to deliver, ephedrine or a salt, isomer or salt of an isomer of ephedrine;

(vi) The manufacture, delivery or possession of, with intent to deliver, pseudoephedrine or a salt, isomer or salt of an isomer of pseudoephedrine; or

(vii) Possession of anhydrous ammonia with intent to manufacture methamphetamine.

(4) Violation of a provision of subsections (1) to (3) of this section is a Class A misdemeanor. [2009 c.811 § 2; 2010 c.56 § 2; 2021 c.412 § 4]

[Repealed by 1971 c.743 § 432]