Oregon Revised Statutes

Or. Rev. Stat. § 164.205 (2026)

Definitions for ORS 164.205 to 164.270

✓ current as of May 2026

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164.205 Definitions for ORS 164.205 to 164.270. As used in ORS 164.205 to 164.270, except as the context requires otherwise:

(1) “Building,” in addition to its ordinary meaning, includes any booth, vehicle, boat, aircraft or other structure adapted for overnight accommodation of persons or for carrying on business therein. Where a building consists of separate units, including, but not limited to, separate apartments, offices or rented rooms, each unit is, in addition to being a part of such building, a separate building.

(2) “Dwelling” means a building which regularly or intermittently is occupied by a person lodging therein at night, whether or not a person is actually present.

(3) “Enter or remain unlawfully” means:

(a) To enter or remain in or upon premises when the premises, at the time of such entry or remaining, are not open to the public and when the entrant is not otherwise licensed or privileged to do so;

(b) To fail to leave premises that are open to the public after being lawfully directed to do so by the person in charge;

(d) To enter or remain in a motor vehicle when the entrant is not authorized to do so.

(4) “Open to the public” means premises which by their physical nature, function, custom, usage, notice or lack thereof or other circumstances at the time would cause a reasonable person to believe that no permission to enter or remain is required.

(5) “Person in charge” means a person, a representative or employee of the person who has lawful control of premises by ownership, tenancy, official position or other legal relationship. “Person in charge” includes, but is not limited to the person, or holder of a position, designated as the person or position-holder in charge by the Governor, board, commission or governing body of any political subdivision of this state.

(6) “Premises” includes any building and any real property, whether privately or publicly owned. [1971 c.743 §135; 1983 c.740 §33; 1999 c.1040 §10; 2003 c.444 §1; 2015 c.10 §1]

164.210 [Repealed by 1971 c.743 §432]

Notes of Decisions

Cited in 163 cases (27 in the last 5 years), 1973–2026 · leading case: State v. Haley, 531 P.3d 142 (Or. 2023).

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State v. Haley, 531 P.3d 142 (Or. 2023). · cites it 28× “205(1) for purposes of the offenses of burglary and crim- inal trespass in ORS 164.205 to 164.270. In this case, defen- dant was charged with second-degree burglary—a Class C felony—which is defined by ORS 164.”

United States v. Darrel Duane Grisel, 488 F.3d 844 (9th Cir. 2007). · cites it 6× ““ ‘Building,’ in addition to its ordinary meaning, includes any booth, vehicle, boat, aircraft or other structure adapted for overnight accommodation of persons or for carrying on business therein.”

Stranahan v. Fred Meyer, Inc., 11 P.3d 228 (Or. 2000). · cites it 8× “" ORS 164.205 provides, in part: "As used in ORS 164.”

State v. Pipkin, 316 P.3d 255 (Or. 2013). · cites it 7× “I note that *516 the statute, ORS 164.205(3), defines the phrase ‘enter or remain unlawfully’ as a single phrase that has its own definition.”

State v. Davis, 323 P.3d 276 (Or. Ct. App. 2014). · cites it 12× “On appeal, defendant again contends that the trial court erred because there was insufficient evidence to prove that AWC and Room 120 were “not open to the public”— and therefore that he had unlawfully entered or remained in those places — and that the places he entered were…”

State v. Dameron, 853 P.2d 1285 (Or. 1993). · cites it 14× “) ORS 164.205 provides in part: "As used in ORS 164.”

United States v. Stitt, 139 S. Ct. 399 (2018). · cites it 2× “§ 635:1 (1974) (prohibiting burglary of an "[o]ccupied structure," defined to include "any structure, vehicle, boat or place adapted for overnight accommodation of persons"); Ore. Rev. Stat. §§ 164.205, 164.215, 164.”

State v. Collins, 39 P.3d 925 (Or. Ct. App. 2002). · cites it 13× “245(1) and ORS 164.205(3) are properly construed, defendant’s conduct could not constitute criminal trespass in the second degree regardless of his mental state or the sufficiency of proof of his mental state.”

State v. Taylor, 350 P.3d 525 (Or. Ct. App. 2015). · cites it 12× “A “building,” in turn, is defined by statute as follows: “‘Building,’ in addition to its ordinary meaning, includes any booth, vehicle, boat, aircraft or other structure adapted for overnight accommodation of persons or for carrying on business therein.”

State v. Thompson, 971 P.2d 879 (Or. 1999). · cites it 5× “) ORS 164.205 provides, in part: “As used in ORS 164.”

United States v. Michael Herrold, 883 F.3d 517 (5th Cir. 2018). · cites it 2× “21, § 1435 (1961); Or. Rev. Stat. § 164.205 (1) (1971); 18 Pa.”

State v. Rodriguez, 390 P.3d 1104 (Or. Ct. App. 2017). · cites it 7× “” The terms “building” and “dwelling” are defined by ORS 164.205(1) and (2): “(1) ‘Building,’ in addition to its ordinary meaning, includes any booth, vehicle, boat, aircraft or other structure adapted for overnight accommodation of persons or for carrying on business therein.”

Show all 163 citing cases →

— Or. Rev. Stat. § 164.205(1) — 31 cases

State v. Haley, 531 P.3d 142 (Or. 2023). “205(1) for purposes of the offenses of burglary and crim- inal trespass in ORS 164.205 to 164.270. In this case, defen- dant was charged with second-degree burglary—a Class C felony—which is defined by ORS 164.”

United States v. Darrel Duane Grisel, 488 F.3d 844 (9th Cir. 2007). ““ ‘Building,’ in addition to its ordinary meaning, includes any booth, vehicle, boat, aircraft or other structure adapted for overnight accommodation of persons or for carrying on business therein.”

United States v. Vidal, 504 F.3d 1072 (9th Cir. 2007).

State v. Rodriguez, 390 P.3d 1104 (Or. Ct. App. 2017). “” The terms “building” and “dwelling” are defined by ORS 164.205(1) and (2): “(1) ‘Building,’ in addition to its ordinary meaning, includes any booth, vehicle, boat, aircraft or other structure adapted for overnight accommodation of persons or for carrying on business therein.”

United States v. Snyder, 643 F.3d 694 (9th Cir. 2011).

— Or. Rev. Stat. § 164.205(2) — 19 cases

State v. Taylor, 350 P.3d 525 (Or. Ct. App. 2015). “A “building,” in turn, is defined by statute as follows: “‘Building,’ in addition to its ordinary meaning, includes any booth, vehicle, boat, aircraft or other structure adapted for overnight accommodation of persons or for carrying on business therein.”

State v. Kautz, 39 P.3d 937 (Or. Ct. App. 2002).

State v. Chatelain, 188 P.3d 325 (Or. Ct. App. 2008).

State v. Davis, 385 P.3d 1245 (Or. Ct. App. 2016).

— Or. Rev. Stat. § 164.205(3) — 31 cases

State v. Pipkin, 316 P.3d 255 (Or. 2013). “I note that *516 the statute, ORS 164.205(3), defines the phrase ‘enter or remain unlawfully’ as a single phrase that has its own definition.”

State v. Werner, 383 P.3d 875 (Or. Ct. App. 2016).

State v. Hartfield, 624 P.2d 588 (Or. 1981).

State v. Collins, 39 P.3d 925 (Or. Ct. App. 2002). “245(1) and ORS 164.205(3) are properly construed, defendant’s conduct could not constitute criminal trespass in the second degree regardless of his mental state or the sufficiency of proof of his mental state.”

— Or. Rev. Stat. § 164.205(3)(4)(6) — 1 case

State v. Dixson, 740 P.2d 1224 (Or. Ct. App. 1987).

— Or. Rev. Stat. § 164.205(3)(a) — 47 cases

State v. Davis, 323 P.3d 276 (Or. Ct. App. 2014). “On appeal, defendant again contends that the trial court erred because there was insufficient evidence to prove that AWC and Room 120 were “not open to the public”— and therefore that he had unlawfully entered or remained in those places — and that the places he entered were…”

State v. Bridewell, 759 P.2d 1054 (Or. 1988).

United States v. Struckman, 603 F.3d 731 (9th Cir. 2010).

State v. Angelo, 385 P.3d 1092 (Or. Ct. App. 2016).

— Or. Rev. Stat. § 164.205(3)(b) — 9 cases

Stranahan v. Fred Meyer, Inc., 11 P.3d 228 (Or. 2000). “" ORS 164.205 provides, in part: "As used in ORS 164.”

State v. Dameron, 853 P.2d 1285 (Or. 1993). “) ORS 164.205 provides in part: "As used in ORS 164.”

State v. Marbet, 573 P.2d 736 (Or. Ct. App. 1978).

State v. Vaughn, 28 P.3d 636 (Or. Ct. App. 2001).

— Or. Rev. Stat. § 164.205(3)(c) — 5 cases

House v. Hicks, 179 P.3d 730 (Or. Ct. App. 2008).

State v. Koenig, 242 P.3d 649 (Or. Ct. App. 2010).

State v. Barnes, 220 P.3d 1195 (Or. Ct. App. 2009).

State v. Cervantes, 493 P.3d 1106 (Or. Ct. App. 2021).

City of Eugene v. Gannon, 432 P.3d 1141 (Or. Ct. App. 2018).

— Or. Rev. Stat. § 164.205(4) — 18 cases

State v. Wampler, 530 P.3d 133 (Or. Ct. App. 2023).

Lloyd Corp. v. Whiffen, 849 P.2d 446 (Or. 1993).

Steele v. Breinholt, 747 P.2d 433 (Utah Ct. App. 1987).

— Or. Rev. Stat. § 164.205(5) — 4 cases

State v. Thompson, 971 P.2d 879 (Or. 1999). “) ORS 164.205 provides, in part: “As used in ORS 164.”

State v. Carr, 170 P.3d 563 (Or. Ct. App. 2007).

State v. Vaughn, 28 P.3d 636 (Or. Ct. App. 2001).

State v. Savannah, 338 Or. App. 491 (Or. Ct. App. 2025).

— Or. Rev. Stat. § 164.205(6) — 13 cases

United States v. Struckman, 603 F.3d 731 (9th Cir. 2010).

State v. Chatelain, 188 P.3d 325 (Or. Ct. App. 2008).

State v. Dixson, 766 P.2d 1015 (Or. 1988).

State v. Dixson, 740 P.2d 1224 (Or. Ct. App. 1987).

— Or. Rev. Stat. § 164.205(SXa) — 1 case

State v. Shapiro, 349 P.3d 608 (Or. Ct. App. 2015).

— Or. Rev. Stat. § 164.205(c) — 1 case

State v. Shapiro, 349 P.3d 608 (Or. Ct. App. 2015).

— Or. Rev. Stat. § 164.205(l) — 1 case

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