
Fraud, Forgery or Deception
Criminal impersonation
ORS > Criminal Code > Fraud, Forgery or Deception > 165.815
(1) it's a violation of this statute if:
(a) the suspect with the intent to injure the victim, intentionally impersonates the victim in a communication to a third person without the victim's consent
(b) the suspect acts with the intent to deceive the third person into believing that the third person is communicating with the victim
(c) a reasonable person in the third person's shoes would believe that they were communicating with the victim AND
(e) the impersonation causes injury to the victim
Criminal possession of a forged instrument 1
ORS > Criminal Code > Fraud, Forgery or Deception > 165.022
(1) knowing it to be forged and with intent to utter same, the suspect possesses a forged instrument of the kind & in the amount specified in 165.013 (forgery 1)
Criminal possession of a forged instrument 2
ORS > Criminal Code > Fraud, Forgery or Deception > 165.017
(1) knowing it to be forged & with intent to utter the same, the suspect possesses a forged instrument.
Criminal possession of a forgery device
ORS > Criminal Code > Fraud, Forgery or Deception > 165.032
(1)(a) knowing its character, a suspect makes or possesses: any plate, die or other device, apparatus, equipment or article specifically designed for using to counterfeit or otherwise forging written instruments OR
(b) with the intent to use, or to aid or permit another to use the object for forgery, the suspect makes or possesses any device, apparatus, equipment or article capable of or adaptable to such use
Criminal simulation
ORS > Criminal Code > Fraud, Forgery or Deception > 165.037
(1)(a) With intent to defraud, suspect makes or alters any object in such a manner that it appears to have an antiquity, rarity, source or authorship that it doesn't in fact possess OR
(b) knowing its true character & with intent to defraud, suspect utters or possesses an object so simulated
Evidence admissible to prove forgery or possession of forged instrument
ORS > Criminal Code > Fraud, Forgery or Deception > 165.027
(1) in any prosecution for forgery of a bank bill or note or for criminal possession of a forged bank bill or note, the testimony of any person acquainted with the signature of the officer or agent authorized to sign the bills or notes of the bank of which such bill or note is alleged to be a forgery, or who has knowledge of the difference in appearance of the true and forged bills or notes thereof, may be admitted to prove that it is a forgery.
(2) in any prosecution for forgery or for criminal possession of any note, certificate, bond, bill of credit, or other security or evidence of debt issued on behalf of the United States or any state or territory, the certificate duly sworn to of the Secretary of the Treasury, or of the Treasurer of the United States, or of the secretary or treasurer of any state or treasury on whose behalf the note, certificate, bond, bill of credit or other security or evidence of debt purports to have been issued, shall be admitted as evidence to prove that it is a forgery
Failing to maintain a cedar purchase record
ORS > Criminal Code > Fraud, Forgery or Deception > 165.109
(1) A person commits the offense of failing to maintain a cedar purchase record if the person buys or otherwise obtains cedar products directly from any person who has harvested the cedar without keeping a record of the products purchased or obtained.
(2) The record required by subsection (1) of this section shall be retained by the purchaser for a period of not less than one year and shall be available to any peace officer on demand. The record shall contain:
(a) The name, address, date of sale and signature of the seller or the person making delivery;
(c) The quantity of cedar obtained and the amount paid for the cedar.
(3) The provisions of this section apply only to the first wholesale transaction involving cedar products and do not apply to retail sales of cedar.
Falsifying business records
ORS > Criminal Code > Fraud, Forgery or Deception > 165.080
(1) A person commits the crime of falsifying business records if, with intent to defraud, the person:
(b) Alters, erases, obliterates, deletes, removes or destroys a true entry in the business records of an enterprise; OR
(c) Fails to make a true entry in the business records of an enterprise in violation of a known duty imposed upon the person by law or by the nature of the position of the person; OR
(d) Prevents the making of a true entry or causes the omission thereof in the business records of an enterprise.
Forgery 1
ORS > Criminal Code > Fraud, Forgery or Deception > 165.013
(a) the written instrument is or claims to be any of:
(A) part of issue of money, securities, postage or revenue stamps, or other valuable instruments issued by a government or government agency
(B) part of issue of stock, bonds or other instruments representing interests in or claims against any property or person
(C) deed, will, codicil, contract or assignment
(D) check, credit card charge, or a combination of both valued at $1,000 or more, any other commercial instrument, document that does or may evidence, create, transfer, alter, terminate or otherwise affect a legal right, interest, obligation or status
(E) public record OR
(b) by falsely making, completing or altering, or uttering, 15 or more retail sales receipts, product labels such as: UPC labels, EAN-8 labels or EAN-13 labels or a combo of labels
(2) the value of check or credit card transactions may be added up in (1)(a)(D) if the transactions were committed:
(a) against multiple victims within a 30-day period OR
(b) against same the victim within a 180-day period
Forgery 2
ORS > Criminal Code > Fraud, Forgery or Deception > 165.007
(1) with intent to injure or defraud:
Fraudulent use of a credit card
ORS > Criminal Code > Fraud, Forgery or Deception > 165.055
(1) with intent to injure or defraud, the suspect uses a credit card for to obtain property or services knowing that:
(a) the card is stolen or forged
(b) the card has been revoked or canceled OR
(c) for any other reason the use of the card is unauthorized by either the issuer or the person to whom the credit card is issued
(3) the value of single credit card transactions may be added together if the transactions were committed:
(a) against multiple victims within a 30-day period PR
(b) against the same victim within a 180-day period
Fraudulently obtaining a signature
ORS > Criminal Code > Fraud, Forgery or Deception > 165.042
(1) with intent to defraud or injure another, the suspect obtains someone's signature on a written instrument by knowingly misrepresenting any fact
Identity theft
ORS > Criminal Code > Fraud, Forgery or Deception > 165.800
(1) the suspect with the intent to deceive or defraud, obtain, possess, transfer, create, utter or convert to their own use the personal identification of another
(3) affirmative defenses:
(a) suspect younger than 21 & using someone else's personal identification to buy alcohol, tobacco or vaping products
(b) use someone else's personal identification only to misrepresent age to gain access to a:
(A) an age restricted place OR
(B) a benefit based on age
Identity theft - aggravated
ORS > Criminal Code > Fraud, Forgery or Deception > 165.808
(a) have committed 10 separate incidents within a 180-day period
(b) have prior conviction(s) for aggravated identity theft
(c) losses incurred in a single or aggregate transaction $10,000 or more in a 180-day period
(d) suspect has in custody, possession. or control 10 or more pieces of personal identification from 10 or more different people
Issuing a false financial statement
ORS > Criminal Code > Fraud, Forgery or Deception > 165.100
(1) A person commits the crime of issuing a false financial statement if, with intent to defraud, the person:
Laundering a monetary instrument
ORS > Criminal Code > Fraud, Forgery or Deception > 164.170
(a) Knowing that the property involved in a financial transaction represents the proceeds of some form, though not necessarily which form, of unlawful activity, conducts or attempts to conduct a financial transaction that involves the proceeds of unlawful activity:
(i) Conceal or disguise the nature, location, source, ownership or control of the proceeds of unlawful activity; OR
(ii) Avoid a transaction reporting requirement under federal law
(b) Transports, transmits or transfers or attempts to transport, transmit or transfer a monetary instrument or funds:
(B) Knowing that the monetary instrument or funds involved in the transportation, transmission or transfer represent the proceeds of some form, though not necessarily which form, of unlawful activity and knowing that the transportation, transmission or transfer is designed, in whole or in part, to:
(i) Conceal or disguise the nature, location, source, ownership or control of the proceeds of unlawful activity; OR
(c) Intentionally conducts or attempts to conduct a financial transaction involving property represented to be the proceeds of unlawful activity or property used to conduct or facilitate unlawful activity to:
(A) Promote the carrying on of unlawful activity;
(B) Conceal or disguise the nature, location, source, ownership or control of property believed to be the proceeds of unlawful activity; OR
(C) Avoid a transaction reporting requirement under federal law.
(b) In addition to any other sentence of imprisonment or fine that a court may impose and notwithstanding 161.625 (Fines for felonies), a court may include in the sentence of a person convicted under this section a fine in an amount equal to the value of the property, funds or monetary instruments involved in the unlawful transaction.
(3) For purposes of paragraph (1)(b)(B), the state may establish the defendant's knowledge through evidence that a peace officer, federal officer or another person acting at the direction of or with the approval of a peace officer or federal officer represented the matter specified in subsection (1)(b)(B) of this section as true and the defendant's subsequent statements or actions indicate that the defendant believed the representations to be true.
(4) For purposes of subsection (1)(c) of this section, “represented” includes, but is not limited to, any representation made by a peace officer, federal officer or another person acting at the direction of or with the approval of a peace officer or federal officer.
Misapplication of entrusted property
ORS > Criminal Code > Fraud, Forgery or Deception > 165.095
(1) A person commits the crime of misapplication of entrusted property if, with knowledge that the misapplication is unlawful and that it involves a substantial risk of loss or detriment to the owner or beneficiary of such property, the person intentionally misapplies or disposes of property that has been entrusted to the person as a fiduciary or that is property of the government or a financial institution.
Misrepresentation of age by a minor
ORS > Criminal Code > Fraud, Forgery or Deception > 165.805
(1) it's a violation of this statute if the suspect:
(a) being less than a certain, specified age, knowingly purports to be of any age other than their true age with the intent of securing a right, benefit or privilege which by law is denied to persons under that certain, specified age OR
(b) being unmarried, knowingly represents that they are married with the intent of securing a right, benefit or privilege which by law is denied to unmarried persons
(4) this statute doesn't apply to anyone acting under the direction of the Oregon Liquor Control Commission or a regulatory specialist or under the direction of state or local law enforcement agencies for the purpose of investigating possible violations of laws prohibiting sales of alcoholic beverages or marijuana items to persons who are under a certain, specified age
(5) this statute doesn't apply to anyone under the age of 21 who is acting under the direction of a licensee for the purpose of investigating possible violations by employees of the licensee of laws prohibiting sales of alcoholic beverages or marijuana items
Negotiating a bad check
ORS > Criminal Code > Fraud, Forgery or Deception > 165.065
(1) makes, draws or utters a check or similar sight order for payment of money, knowing it won't be honored by the drawee (e.g. bank)
(2) unless the check or order is postdated, the following provide sufficient evidence of knowledge that the check or order wouldn't be honored:
(a) suspect has no account with the drawee at time the check or order was drawn or uttered OR
(b) payment was refused by the drawee for lack of funds, on presentation within 30 days after date of utterance, & the suspect fails to make good within 10 days after receiving a notice of refusal
Obtaining execution of documents by deception
ORS > Criminal Code > Fraud, Forgery or Deception > 165.102
(1) A person commits the crime of obtaining execution of documents by deception if, with intent to defraud or injure another or to acquire a substantial benefit, the person obtains by means of fraud, deceit or subterfuge the execution of a written instrument affecting or purporting to affect the pecuniary interest of any person.
Possessing fraudulent communications device
ORS > Criminal Code > Fraud, Forgery or Deception > 165.070
(1)(a) the suspect:
• makes, possesses, sells, gives or otherwise transfers to someone OR
• offers or advertises pictures or diagrams concerning an instrument, apparatus or device
with the intent that the above is used, or with knowledge or reason to believe that the above is intended to or may be used to:
• avoid any lawful telephone or telegraph toll charge OR
• conceal the existence or place of origin or destination of any telephone or telegraph communication
(b) sells, gives or otherwise transfers to someone or offers, or advertises plans or instructions for making or assembling an instrument, apparatus or device described in (a) with the knowledge or reason to believe that they may be used to make or assemble such instrument, apparatus or device
(2) An instrument, apparatus, device, plans, instructions or written publication described in (1) may be seized under warrant or incident to a lawful arrest, & upon the conviction of a person under (1) it may be destroyed as contraband by the sheriff of the county where the person was convicted or it may be turned over to the person providing telephone or telegraph service in the territory in which the object was seized.
Sports bribe receiving
ORS > Criminal Code > Fraud, Forgery or Deception > 165.090
(a) As a sports participant the person solicits, accepts or agrees to accept any benefit from another person with the intent that the person will thereby be influenced not to give the best effort of the person in a sports contest; OR
(b) As a sports official the person solicits, accepts or agrees to accept any benefit from another person with the intent that the person will improperly perform duties of a sports official.
Sports bribery
ORS > Criminal Code > Fraud, Forgery or Deception > 165.085
(a) Offers, confers or agrees to confer any benefit upon a sports participant with intent to influence the sports participant not to give the best effort of the sports participant in a sports contest; OR
(b) Offers, confers or agrees to confer any benefit upon a sports official with intent to influence the sports official to improperly perform duties of a sports official.
Trademark counterfeiting
ORS > Criminal Code > Fraud, Forgery or Deception > 647.135
(1) A person commits trademark counterfeiting if the person knowingly and with the intent to sell or distribute and without the consent of the registrant uses, displays, advertises, distributes, offers for sale, sells or possesses any item that bears a counterfeit of a mark or any service that is identified by a counterfeit of a mark registered under this chapter or registered under this chapter or registered under 15 U.S.C. 1052 with knowledge that the mark is counterfeit.
(2) For purposes of this statute, a mark is counterfeit if:.
(a) It is a mark that is identical to or substantially indistinguishable from a registered mark; AND
(b) It is used on or in connection with the same type of goods or services for which the genuine mark is registered.
(3) A person does not commit trademark counterfeiting if the person has adopted and lawfully used the same or a confusingly similar mark in the rendition of like services or the manufacture of like goods in this state from a date before the effective date of registration of the service mark or trademark and continues to use the mark after the effective date of registration.
Trademark counterfeiting in first degree
ORS > Criminal Code > Fraud, Forgery or Deception > 647.150
(1) A person commits the crime of trademark counterfeiting in the first degree if the person commits trademark counterfeiting as described in 647.135 (trademark counterfeiting) or 647.145 (Trademark counterfeiting in second degree) (1)(b) AND:
(a) Has two or more prior convictions for trademark counterfeiting in any degree;
(b) The total number of items bearing the counterfeit mark is 1,000 or more; or
(c) The total retail value of all of the items bearing the counterfeit mark or services that are identified by the counterfeit mark is $10,000 or more.
(2) Trademark counterfeiting in the first degree is a Class B felony.
Trademark counterfeiting in second degree
ORS > Criminal Code > Fraud, Forgery or Deception > 647.145
(A) Has one prior conviction for trademark counterfeiting in any degree;
(C) The total retail value of all of the items bearing the counterfeit mark or services that are identified by the counterfeit mark is more than $1,000 but less than $10,000
(b) Knowingly manufactures or produces with intent to sell or distribute any item that bears a counterfeit mark or any service that is identified by a counterfeit mark
(2) Trademark counterfeiting in the second degree is a Class C felony. However, notwithstanding 161.655 (Fines for corporations), f the person is convicted under:
(a) Paragraph (1)(a)(A) and is a corporation, the maximum fine that may be imposed is $200,000.
Trademark counterfeiting in third degree
ORS > Criminal Code > Fraud, Forgery or Deception > 647.140
(1) A person commits the crime of trademark counterfeiting in the third degree if the person commits trademark counterfeiting as described in 647.135 (trademark counterfeiting) AND
(b) The total retail value of all of the items bearing the counterfeit mark or services that are identified by the counterfeit mark is not more than $1,000
(2) Trademark counterfeiting in the third degree is a Class A misdemeanor. Notwithstanding 161.655 (Fines for corporations), if the person convicted under this section is a corporation, the maximum fine that may be imposed is $100,000.
Unlawful factoring of payment card transaction
ORS > Criminal Code > Fraud, Forgery or Deception > 165.074
(a) presents to or deposits with, or causes another to present to or deposit with a financial institution for payment a payment card transaction record that is not the result of a payment card transaction between the cardholder & the suspect or other person
(b) employs, solicits or otherwise causes a merchant to present to or deposit with a financial institution for payment a payment card transaction record that is not the result of a payment card transaction between the cardholder & the merchant
(c) Employs, solicits or otherwise causes another to become a merchant for purposes of engaging in conduct made unlawful by this section
(d) Uses a scanning device to access, read, scan, obtain, memorize or store information encoded on a payment card:
(e) uses a reencoder to place encoded information from one payment card onto another payment card [duplicates a card]:
(A) without the permission of the cardholder of the payment card from which the encoded information is being taken OR
(B) with the intention to defraud another person
(3) F(b): one or more previous convictions under this section
Unlawful possession fictitious ID
ORS > Criminal Code > Fraud, Forgery or Deception > 165.813
(1) possess a personal ID card containing ID information for fictitious person with intent to use it to commit a crime
Unlawful possession of a personal identification device
ORS > Criminal Code > Fraud, Forgery or Deception > 165.810
(1) the suspect possesses a personal identification device with the intent to use the device to commit a crime. A personal identification device is a device that is used to manufacture or print:
(a) a driver license or permit or an identification card issued by any state or the federal government
(b) an employee identification card issued by an employer OR
(c) a credit or debit card
Unlawfully using slugs
ORS > Criminal Code > Fraud, Forgery or Deception > 165.047
(1)(a) with intent to defraud the supplier of property or a service sold or offered by means of a coin machine, the suspect inserts, deposits or otherwise uses a slug in such a machine OR
(b) the suspect makes, possesses, offers for sale or disposes of a slug with intent to enable someone to use it fraudulently in a coin machine.
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