ORS  Guide
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
+ Related statutes
Criminal possession of a forged instrument 1
ORS > Criminal Code > Fraud, Forgery or Deception > 165.022
Criminal possession of a forged instrument 2
ORS > Criminal Code > Fraud, Forgery or Deception > 165.017
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
Forgery 1
ORS > Criminal Code > Fraud, Forgery or Deception > 165.013
(1) violates 165.007 (forgery 2) AND
(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
(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
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
(4)(a) M(a): if the sum total amount of property or services the person obtains or attempts to obtain is less than $1,000
(b) F(c): if the sum total amount of property or services the person obtains or attempts to obtain is $1,000 or more
+ Related statutes
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
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
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.
+ Related statutes
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:
(A) without the cardholder's permission OR
(B) with the intent to defraud another person OR
(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
+ Related statutes
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
+ Related statutes
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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