164.140
Criminal possession of rented or leased personal property. (1) A person is guilty of criminal
possession of rented or leased personal property if:
(a) After renting
an item of personal property from a commercial renter of personal property
under a written agreement which provides for the return of the item to a
particular place at a particular time, the person fails to return the item as
specified, is thereafter served by mail with a written demand to return the
item, and knowingly fails to return the item within 10 business days from the
date of mailing of the demand; or
(b) After leasing
an item of personal property from a commercial lessor of personal property
under a written agreement which provides for periodic lease payments, the
person fails to pay the lessor a periodic payment when due for a period of 45
days, is thereafter served by mail with a written demand to return the item,
and knowingly fails to return the item within 10 business days from the date of
mailing of the demand.
(2) Service of
written demand under this section shall be accomplished by certified mail sent
to the person who obtained the item of personal property by rental or lease,
sent to the address stated in the rental or lease agreement and any other
address of the person provided by the person to the renter or lessor. The
person is responsible for providing correct current address information to the
renter or lessor until the item of personal property is returned.
(3) A bona fide
contract dispute with the lessor or renter shall be an affirmative defense to a
charge of criminal possession of rented or leased personal property.
(4) For purposes
of this section, the value of property shall be ascertained as provided in ORS
164.115. Criminal possession of rented or leased personal property is:
(a) A Class A
misdemeanor if the aggregate total value of the personal property not returned
is under $500.
(b) A Class C
felony if the aggregate total value of the personal property not returned is
$500 or more. [1979 c.476 §3; 1987 c.907 §9]
MAIL-RELATED OFFENSES
Notes of Decisions
Cited in
7
cases, 1992–2014 · leading case:
State v. McGill, 836 P.2d 1371 (Or. Ct. App. 1992).
State v. McGill, 836 P.2d 1371 (Or. Ct. App. 1992).
· cites it 8× “Defendant next argues that the television shop owner is not a “commercial renter” under ORS 164.140 (1)(a). He contends that the primary business of the shop is to sell television sets and the rent to own agreements are in reality a method of financing and are not true rentals.”
State v. Williams, 209 P.3d 842 (Or. Ct. App. 2009).
““(c) Criminal possession of rented or leased personal property as defined in ORS 164.140. “(d) Criminal possession of a rented or leased motor vehicle as defined in ORS 164.”
State v. Roberts, 143 So. 3d 936 (Fla. 2d DCA 2014).
“See Or. Rev. Stat. § 164.140 (l)(a). He rented a television in Oregon, then failed to make payments and *939 failed to return the television upon demand from the rental company.”
State v. Jurado, 905 P.2d 274 (Or. Ct. App. 1995).
“Defendant pleaded guilty to criminal possession of rented personal property of a value under $500, a Class A misdemeanor, ORS 164.140(1). As part of defendant’s sentence, the trial court imposed a restitution award of $775.”
Morris v. State, 659 So. 2d 980 (Ala. Crim. App. 1994).
· cites it 2× “However, we do note that both Oregon and Washington, which have statutes very similar to § 32-15-6 (see Or.Rev.Stat. § 164.140(a) (1990); Wash.Rev.”
State v. Green, 833 P.2d 311 (Or. Ct. App. 1992).
“*376 “(c) Criminal possession of rented or leased personal property as defined in ORS 164.140. “(d) Burglary as defined in ORS 164.”
State v. Haney, 301 P.3d 445 (Or. Ct. App. 2013).
“015), criminal possession of rented or leased personal property (ORS 164.140), criminal possession of a rented or leased motor vehicle (ORS 164.”
— Or. Rev. Stat. § 164.140(1) — 1 case
State v. Jurado, 905 P.2d 274 (Or. Ct. App. 1995).
“Defendant pleaded guilty to criminal possession of rented personal property of a value under $500, a Class A misdemeanor, ORS 164.140(1). As part of defendant’s sentence, the trial court imposed a restitution award of $775.”
— Or. Rev. Stat. § 164.140(1)(a) — 1 case
State v. McGill, 836 P.2d 1371 (Or. Ct. App. 1992).
“Defendant next argues that the television shop owner is not a “commercial renter” under ORS 164.140 (1)(a). He contends that the primary business of the shop is to sell television sets and the rent to own agreements are in reality a method of financing and are not true rentals.”
— Or. Rev. Stat. § 164.140(1)(b) — 1 case
State v. McGill, 836 P.2d 1371 (Or. Ct. App. 1992).
“Defendant next argues that the television shop owner is not a “commercial renter” under ORS 164.140 (1)(a). He contends that the primary business of the shop is to sell television sets and the rent to own agreements are in reality a method of financing and are not true rentals.”
— Or. Rev. Stat. § 164.140(a) — 1 case
Morris v. State, 659 So. 2d 980 (Ala. Crim. App. 1994).
“However, we do note that both Oregon and Washington, which have statutes very similar to § 32-15-6 (see Or.Rev.Stat. § 164.140(a) (1990); Wash.Rev.”
— Or. Rev. Stat. § 164.140(l)(a) — 2 cases
State v. McGill, 836 P.2d 1371 (Or. Ct. App. 1992).
“Defendant next argues that the television shop owner is not a “commercial renter” under ORS 164.140 (1)(a). He contends that the primary business of the shop is to sell television sets and the rent to own agreements are in reality a method of financing and are not true rentals.”
Morris v. State, 659 So. 2d 980 (Ala. Crim. App. 1994).
“However, we do note that both Oregon and Washington, which have statutes very similar to § 32-15-6 (see Or.Rev.Stat. § 164.140(a) (1990); Wash.Rev.”
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