(1) The provisions of 164.872 (unlawful labeling of a videotape recording) and 164.875 (unlawful videotape recording) do not apply to:

(a) The production of a videotape of a motion picture that is defined as a public record under 192.005 (Definitions for ORS 192.005 to 192.170) (5), in accordance with 192.005 (Definitions for ORS 192.005 to 192.170) to 192.170 (Disposition of materials without authorization) or 357.805 (Definitions for ORS 357.805 to 357.895) to 357.895 (Rules).

(b) The production of a videotape of a motion picture that is defined as a legislative record under 171.410 ('Legislative record' defined for ORS 171.410 to 171.430), in accordance with 171.410 ('Legislative record' defined for ORS 171.410 to 171.430) to 171.430 (Disposal by certain committees).

(2) The provisions of 164.872 (unlawful labeling of a videotape recording) and 164.875 (unlawful videotape recording), 164.869 (Unlawful recording of a live performance) (1) and (2) and 164.875 (unlawful videotape recording) do not apply to the reproduction of:

(a) Any recording that is used or intended to be used only for broadcast by educational radio or television stations.

(b) A sound recording, or the production of a videotape of a motion picture, that is defined as a public record under 192.005 (Definitions for ORS 192.005 to 192.170) (5), in accordance with 192.005 (Definitions for ORS 192.005 to 192.170) to 192.170 (Disposition of materials without authorization) or 357.805 (Definitions for ORS 357.805 to 357.895) to 357.895 (Rules)..

(c) A sound recording defined as a legislative record under 171.410 ('Legislative record' defined for ORS 171.410 to 171.430), in accordance with 171.410 ('Legislative record' defined for ORS 171.410 to 171.430) to 171.430 (Disposal by certain committees).

(1) the suspect compels or induces the victim to deliver property or services to the suspect or a 3^rd party or not to report unlawful conduct to a LEA by instilling fear that the suspect or 3^rd party will in the future:

(a) cause physical injury to a person or animal

(b) damage property

(c) commit a crime

(d) falsely accuse another of a crime

(e) falsely bring criminal charges

(f) cause or continue a strike, boycott or action to another's business

(g) give false or withhold testimony or information

(h) unlawfully use or abuse their or another's public servant position

(1) in a prosecution under 164.162 (mail theft or receipt of stolen mail), it is a defense that the defendant acted under an honest claim of right in that:

(a) they were unaware that the property belonged to someone else

(b) they reasonably believed that they were entitled to the property involved or had a right to acquire or dispose of it as they did OR

(c) The property involved belonged to the defendant's spouse, unless the parties were not living together as spouses in a marriage & were living in separate homes at the time of the alleged offense

(2)(a) 164.162 (mail theft or receipt of stolen mail) doesn't apply to employees charged with the operation of facilities listed in (b) when the employees are carrying out their official duties to protect the safety & security of the facilities

(b) the facilities to which paragraph (a) of this subsection applies are:

• juvenile detention facilities

• local correctional facilities

• youth correction facilities

• detention facilities

• Department of Corrections institutions

(1) the suspect intentionally:

(a) takes or, by fraud or deception, obtains mail from a post office, postal station, mail receptacle, authorized depository or mail carrier

(b) takes from mail any article contained therein

(c) secretes, embezzles or destroys mail or any article contained therein

(d) takes or, by fraud or deception, obtains mail that has been delivered to or left for collection on or adjacent to a mail receptacle or authorized depository OR

(e) buys, receives, conceals or possesses mail or any article contained therein knowing that the mail or article has been unlawfully taken or obtained

(1) acting in concert with someone else:

(a) violates, aids or abets the other person to commit 164.015 (theft)

(b) theft of merchandise from mercantile establishment AND

(c) aggregate value or merchandise taken within any 180 day period exceeds $5,000

(1) possesses burglary tool or theft device AND

(a) intends to use the tool/device to commit or facilitate forcible entry into premises or to commit a theft by physical taking OR

(b) knows that another person intends to use the tool/device to commit (a)

the suspect with intent to deprive another of property or to appropriate property to themself or to a 3^rd person:

(1) takes, appropriates, obtains or withholds property from an owner

(2) commits 164.065 (theft of lost, mislaid property)

(3) commits 164.075 (extortion) by compelling or inducing another person to deliver property

(4) commits 164.085 (theft by deception)

(5) commits 164.095 (theft by receiving)

(1) in a prosecution for theft it is a defense that the defendant acted under an honest claim of right that the defendant:

(a) was unaware that the property was that of another OR

(b) reasonably believed that they were entitled to the property involved or had a right to acquire or dispose of it as they did

(2) in a prosecution for extortion committed by instilling in the victim a fear that they or another person would be charged with a crime, it is a defense that the defendant reasonably believed the threatened charge to be true & that the sole purpose of the defendant was to compel or induce the victim to take reasonable action to make good the wrong which was the subject of the threatened charge

(3) in a prosecution for theft by receiving, it is a defense that the defendant received, retained, concealed or disposed of the property with the intent of restoring it to the owner

(4) it is a defense that the property involved was that of the defendant's spouse, unless the parties were not living together as spouses in a marriage & were living in separate abodes at the time of the alleged theft

(1) the suspect commits 164.015 (theft) not by extortion, AND

(a) the property value is greater or equal to $1,000 [& less than $10,000 - see 164.057 (theft 1 - aggravated)] in a single or aggregate transaction

(b) the theft is committed during riot, fire, explosion, catastrophe or other emergency in an area affected by such

(c) 164.095 (theft by receiving) committed by buying, selling, borrowing or lending on security of the property;

(d) the stolen item is a firearm or explosive

(e) the stolen item is a livestock, companion animal, or wild animal removed from habitat (see 497.308(2)(c))

(f) the stolen item is a precursor substance

(g) during the commission of the theft, the person recklessly engages in conduct that creates a substantial risk of serious physical injury to another person.

(1)(a) the suspect commits 164.055 (theft 1) and the property is not a personal motor vehicle AND

(b) the property value is greater than $10,000

(1)(a) the suspect commits 164.015 (theft) not by extortion, AND

(b) property value is greater or equal $100 & less than $1000 in a single or aggregate transaction

(1)(a) the suspect commits 164.015 (theft) but not by extortion, AND

(b) the property value is less than $100 in a single or aggregate transaction

(1) the suspect obtains the property of the victim with the intent to defraud them by:

(a) creating or confirming a false impression of the law, value, intention, or state of mind the suspect doesn't believe is true

(b) failing to correct a prior created/confirmed false impression

(c) preventing the victim from getting information pertinent to disposition of the involved property

(d) selling, transferring or encumbering property & failing to disclose a lien, adverse claim or other legal impediment to the enjoyment of property regardless of legitimacy

(e) promising performance that the suspect doesn't intend to perform or knows will not be performed

(2) 'Deception' doesn't include falsity about things having no monetary significance, or representations unlikely to deceive ordinary persons in addresses group. Note companion animals & wild animals have monetary significance

(1) the suspect receives, keeps, conceals or disposes of another's property while knowing or having good reason to know that property was stolen

The suspect comes into control of another's property knowing or having good reason to know it's lost, mislaid, mistakenly delivered (type, amount, or quantity) & with intent to deprive owner, the suspect fails to take reasonable measures to return property to owner

(1)(a) with intent to avoid payment, the suspect obtains for fee services by force, threat, deception or other means in order to avoid payment for the services OR

(b) having control over disposition of labor or business, commercial or industrial equipment/facilities of another, the suspect uses or diverts to their or a 3^rd person such labor, equipment or facilities intending to derive for themselves or a 3^rd person a commercial benefit to which they're not entitled

(2) services include: labor, professional services, toll facilities, transportation, communications service, entertainment, supplying of food, lodging or other accommodations, supplying equipment for use, & supplying commodities such as gas, electricity & water etc. Communication services include telephone, computer & cable TV, etc

(3) Evidence of intent:

• making off without paying or offering to pay for hotel, restaurant or other services where payment is normally made immediately is accepted evidence of intent to avoid payment

• obtaining use of any for fee communication system, including but not limited to telephone, computer & cable TV, or obtaining public utility type services, without paying or offering to pay is accepted evidence of intent to avoid payment

(4) value of single theft transactions may be added together if thefts committed against:

(a) multiple victims by similar means within 30 days OR

(b) same victim or 2 or more joint owners within 180 days

(5) if aggregate total value of stolen services:

(a) M(c): less than $100

(b) M(a): greater than $100 & less than $1,000

(c) F(c): greater than $1,000 & less than $10,000

(d) F(b): greater than or equal to $10,000

(1) A person commits unlawful labeling of a sound recording if the person:

(a) Fails to disclose the origin of a sound recording when the person knowingly advertises or offers for sale or resale, sells, resells, rents, leases, or lends or possesses for any of these purposes, any sound recording that does not contain the true name and address of the manufacturer in a prominent place on the cover, jacket or label of the sound recording; AND

(b) Possesses five or more duplicate copies or 20 or more individual copies of recordings produced without consent of the owner or performer and the recordings are intended for sale or distribution in violation of this section.

(1) A person commits unlawful recording of a live performance if the person:

(a) Fails to disclose the origin of a recording when the person knowingly advertises or offers for sale or resale, or sells, resells, rents, leases or lends, or possesses for any of these purposes, any videotape recording that does not contain the true name and address of the manufacturer in a prominent place on the cover, jacket or label of the videotape recording; AND

(b) Possesses five or more duplicate copies or 20 or more individual copies of videotape recordings produced without consent of the owner or performer and the videotape recordings are intended for sale or distribution in violation of this section.

(2) Unlawful labeling of a videotape recording is a Class C felony

(1) A person commits the crime of unlawful operation of an audiovisual device if the person knowingly operates the audiovisual recording function of any device in a motion picture theater, while a motion picture is being exhibited, without the written consent of the motion picture theater owner.

(2) Unlawful operation of an audiovisual device is a Class B misdemeanor.

(3) The provisions of pargraphs (1) do not apply to any activity undertaken in the course of bona fide law enforcement activity or necessary to the proper functioning of the criminal justice system

(1) A person commits unlawful recording of a live performance if the person:

(a)(A) Advertises or offers for sale, sells, rents, transports, or causes the sale, resale, rental or transportation of, or possesses for one or more of these purposes, a recording containing sounds of a live performance with the knowledge that the live performance has been recorded or fixed without the consent of the owner; OR

(B) With the intent to sell, records or fixes, or causes to be recorded or fixed on a recording, a live performance with the knowledge that the live performance has been recorded or fixed without the consent of the owner; AND

(b) Possesses five or more duplicate copies or 20 or more individual copies of recordings produced without consent of the owner or performer and the recordings are intended for sale or distribution in violation of this section.

(2) Unlawful recording of a live performance is a Class C felony.

(3) For purposes of paragraphs (1) and (2), in the absence of a written agreement or law to the contrary, the performer of a live performance is presumed to own the rights to record or fix the performance.

(4) A person who is authorized to maintain custody and control over business records that reflect whether or not the owner of the live performance consented to having the live performance recorded or fixed is a proper witness in a proceeding regarding the issue of consent

(1) A person commits the crime of unlawful videotape recording if the person:

(a) Produces for sale any videotape without the written consent of the owner of the motion picture imprinted thereon; OR

(b) Knowingly sells or offers for sale any videotape that has been produced without the written consent of the owner of the motion picture imprinted thereon.

(2) Unlawful videotape recording is a Class B misdemeanor.