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Oregon Revised Statutes

Or. Rev. Stat. § 164.215 (2026)

Burglary in the second degree

✓ current as of May 2026
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      164.215 Burglary in the second degree. (1) Except as otherwise provided in ORS 164.255, a person commits the crime of burglary in the second degree if the person enters or remains unlawfully in a building with intent to commit a crime therein.

      (2) Burglary in the second degree is a Class C felony. [1971 c.743 §136; 1993 c.680 §24]

 

      164.220 [Repealed by 1971 c.743 §432]

Notes of Decisions
Cited in 298 cases (36 in the last 5 years), 1973–2026 · leading case: State v. Henderson, 455 P.3d 503 (Or. 2019).
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State v. Henderson, 455 P.3d 503 (Or. 2019). · cites it 11× “Held: (1) It was not clear error for the trial court to fail sua sponte to give a jury concurrence instruction; (2) the intent to commit an additional crime required under the bur- glary statutes, ORS 164.215 and ORS 164.225, must exist at some point during the unlawful…”
State v. Werner, 383 P.3d 875 (Or. Ct. App. 2016). · cites it 6× “245, which defines second-degree criminal trespass; ORS 164.215, which defines second-degree burglary; ORS 164.”
State v. Haley, 531 P.3d 142 (Or. 2023). · cites it 5× “The issue presented in this criminal case is whether a college administrator’s office within a university building is a “separate unit” in the building, thereby making the office a “separate building” for purposes of the second-degree bur- glary statute, ORS 164.215. Defendant…”
State v. Hartfield, 624 P.2d 588 (Or. 1981). · cites it 8× “[11] Oregon's current burglary statute, ORS 164.215, was enacted in 1971, five years after the Keys decision.”
State v. Lucio-Camargo, 18 P.3d 467 (Or. Ct. App. 2001). · cites it 8× “The issue implicates several statutes: ORS 164.215, which defines burglary generally; ORS 164.”
United States v. Michael Herrold, 883 F.3d 517 (5th Cir. 2018). · cites it 2× “20 (McKinney 1979) ; Or. Rev. Stat. § 164.215 (1971); S.D. Codified Laws § 22-32-1 (1976) ; Tex.”
United States v. Snyder, 643 F.3d 694 (9th Cir. 2011). · cites it 8× “Although burglary in the second degree under ORS § 164.215 is not categorically a violent felony under ACCA, Snyder's conviction is a violent felony under the modified categorical approach.”
State v. Pipkin, 316 P.3d 255 (Or. 2013). · cites it 4× “225; ORS 164.215. At trial, defendant argued that the state should be required to elect whether it intended to proceed on the theory that he entered the victim’s home unlawfully or on the theory that he remained in her home unlawfully.”
State v. McKnight, 426 P.3d 669 (Or. Ct. App. 2018). · cites it 4× “*276 A person commits the crime of first-degree burglary if "the person enters or remains unlawfully in a building with the intent to commit a crime therein," ORS 164.215, 2 and "the building is a dwelling," *671 ORS 164.”
People v. Oram, 217 P.3d 883 (Colo. Ct. App. 2009). · cites it 2× “21, § 1435 ("breaks and enters") Or.Rev.Stat. § 164.215(1) ("enters") 18 Pa.”
State v. White, 147 P.3d 313 (Or. 2006). · cites it 3× “It provides, in part: *316 "(1) A person commits the crime of burglary in the first degree if the person violates ORS 164.215 and the building is a dwelling, or if in effecting entry or while in a building or in immediate flight therefrom the person: "* * * * * "(b) Causes or…”
State v. Reams, 636 P.2d 913 (Or. 1981). · cites it 6× “Burglary in the first degree is defined in ORS 164.215 and 164.225 to include unlawful entry into a dwelling with intent "to commit a crime therein.”
Show all 298 citing cases →
— Or. Rev. Stat. § 164.215(1) — 76 cases
State v. Henderson, 455 P.3d 503 (Or. 2019). “Held: (1) It was not clear error for the trial court to fail sua sponte to give a jury concurrence instruction; (2) the intent to commit an additional crime required under the bur- glary statutes, ORS 164.215 and ORS 164.225, must exist at some point during the unlawful…”
People v. Oram, 217 P.3d 883 (Colo. Ct. App. 2009). “21, § 1435 ("breaks and enters") Or.Rev.Stat. § 164.215(1) ("enters") 18 Pa.”
State v. Hartfield, 624 P.2d 588 (Or. 1981). “[11] Oregon's current burglary statute, ORS 164.215, was enacted in 1971, five years after the Keys decision.”
United States v. Darrel Duane Grisel, 488 F.3d 844 (9th Cir. 2007).
State v. Haley, 531 P.3d 142 (Or. 2023). “The issue presented in this criminal case is whether a college administrator’s office within a university building is a “separate unit” in the building, thereby making the office a “separate building” for purposes of the second-degree bur- glary statute, ORS 164.215. Defendant…”
— Or. Rev. Stat. § 164.215(2) — 4 cases
State v. Werner, 383 P.3d 875 (Or. Ct. App. 2016). “245, which defines second-degree criminal trespass; ORS 164.215, which defines second-degree burglary; ORS 164.”
State v. Williams, 222 P.3d 31 (Or. Ct. App. 2009).
State v. Davis, 385 P.3d 1245 (Or. Ct. App. 2016).
State v. Baker, 447 P.3d 526 (Or. Ct. App. 2019).
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