Mail theft - Defense
ORS > Criminal Code > Property - Theft > 164.164
(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
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