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Oregon Revised Statutes

Or. Rev. Stat. § 164.225 (2026)

Burglary in the first degree

✓ current as of May 2026
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      164.225 Burglary in the first degree. (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:

      (a) Is armed with a burglary tool or theft device as defined in ORS 164.235 or a deadly weapon;

      (b) Causes or attempts to cause physical injury to any person; or

      (c) Uses or threatens to use a dangerous weapon.

      (2) Burglary in the first degree is a Class A felony. [1971 c.743 §137; 2003 c.577 §10]

 

      164.230 [Repealed by 1971 c.743 §432]

Notes of Decisions
Cited in 573 cases (72 in the last 5 years), 1972–2026 · leading case: State v. White, 147 P.3d 313 (Or. 2006).
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State v. White, 147 P.3d 313 (Or. 2006). · cites it 8× “, ORS 164.225 (the statutory definition of burglary in the first degree).”
State v. Werner, 383 P.3d 875 (Or. Ct. App. 2016). · cites it 7× “The state charged defendant with first-degree burglary, ORS 164.225 (Count 1), first-degree theft, ORS 164.”
State v. Pipkin, 316 P.3d 255 (Or. 2013). · cites it 5× “” See ORS 164.225; 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. Brown, 800 P.2d 259 (Or. 1990). · cites it 3× “115(l)(b)(C) and (F), 2 burglary in the first degree, ORS 164.225, 3 and kidnapping in the first degree, ORS 163.”
Norwood v. Premo, 403 P.3d 502 (Or. Ct. App. 2017). · cites it 7× “See ORS 164.225 (l)(a)-(c) (second-degree burglary elevates to first-degree burglary if “the building is a dwelling, or if in effecting entry or while in a building or in immediate flight therefrom” other aggravating circumstances exist).”
State v. Lucio-Camargo, 18 P.3d 467 (Or. Ct. App. 2001). · cites it 8× “ORS 164.225. He contends on appeal that, on the facts of this case, he can be convicted of only one burglary.”
State v. Reams, 636 P.2d 913 (Or. 1981). · cites it 8× “He was also indicted for burglary in the first degree for unlawfully entering the home of his father-in-law with the intent to commit the crime of assault (ORS 164.225), as well as for intentional murder for the same killing (ORS 163.”
State v. White, 211 P.3d 248 (Or. 2009). · cites it 4× “3d 313 (2006), for example, this court examined the first-degree burglary statute, ORS 164.225, [5] and determined, based on the text of the statute, that the legislature had intended to create only one crime.”
State v. Tucker, 845 P.2d 904 (Or. 1993). · cites it 4× “415, [2] and one count of burglary in *907 the first degree, ORS 164.225, [3] arising out of the same criminal episode.”
State v. Bock (A169480), 485 P.3d 931 (Or. Ct. App. 2021). · cites it 2× “175 (Count 5); burglary in the first degree, ORS 164.225 (Count 6); felon in possession of a firearm, ORS 166.”
State v. Henderson, 455 P.3d 503 (Or. 2019). · cites it 4× “215 and ORS 164.225, must exist at some point during the unlawful presence, but need not be present at the start of the trespass; and (3) the trial court correctly denied defendant’s motion for judgment of acquittal on the burglary charge.”
State v. Moore, 927 P.2d 1073 (Or. 1996). · cites it 4× “ed, in part: "[C]riminal homicide constitutes murder: "* * * * * "(b) When it is committed by a person * * * who commits * * * any of the following crimes and in the course of and in furtherance of the crime the person is committing * * * the person * * * causes the death of a…”
Show all 573 citing cases →
— Or. Rev. Stat. § 164.225(1) — 52 cases
State v. Henderson, 455 P.3d 503 (Or. 2019). “215 and ORS 164.225, must exist at some point during the unlawful presence, but need not be present at the start of the trespass; and (3) the trial court correctly denied defendant’s motion for judgment of acquittal on the burglary charge.”
State v. Werner, 383 P.3d 875 (Or. Ct. App. 2016). “The state charged defendant with first-degree burglary, ORS 164.225 (Count 1), first-degree theft, ORS 164.”
State v. Moore, 927 P.2d 1073 (Or. 1996). “ed, in part: "[C]riminal homicide constitutes murder: "* * * * * "(b) When it is committed by a person * * * who commits * * * any of the following crimes and in the course of and in furtherance of the crime the person is committing * * * the person * * * causes the death of a…”
United States v. Struckman, 603 F.3d 731 (9th Cir. 2010).
Norwood v. Premo, 403 P.3d 502 (Or. Ct. App. 2017). “See ORS 164.225 (l)(a)-(c) (second-degree burglary elevates to first-degree burglary if “the building is a dwelling, or if in effecting entry or while in a building or in immediate flight therefrom” other aggravating circumstances exist).”
— Or. Rev. Stat. § 164.225(1)(a) — 11 cases
State v. Graves, 700 P.2d 244 (Or. 1985).
State v. Henry, 717 P.2d 189 (Or. Ct. App. 1986).
State v. Mustain, 675 P.2d 494 (Or. Ct. App. 1984).
State v. Shipley, 592 P.2d 237 (Or. Ct. App. 1979).
State v. Warner, 677 P.2d 733 (Or. Ct. App. 1984).
— Or. Rev. Stat. § 164.225(1)(b) — 2 cases
State v. Lucio-Camargo, 62 P.3d 811 (Or. Ct. App. 2003).
State v. Galloway, 431 P.3d 432 (Or. Ct. App. 2018).
— Or. Rev. Stat. § 164.225(1)(c) — 1 case
State v. Craigen, 454 P.3d 7 (Or. Ct. App. 2019).
— Or. Rev. Stat. § 164.225(2) — 4 cases
State v. Werner, 383 P.3d 875 (Or. Ct. App. 2016). “The state charged defendant with first-degree burglary, ORS 164.225 (Count 1), first-degree theft, ORS 164.”
State v. Washington, 337 P.3d 859 (Or. Ct. App. 2014).
State v. Davilla, 860 P.2d 894 (Or. Ct. App. 1993).
State v. Davis, 385 P.3d 1245 (Or. Ct. App. 2016).
— Or. Rev. Stat. § 164.225(a) — 1 case
State v. Corbin, 365 P.3d 647 (Or. Ct. App. 2015).
— Or. Rev. Stat. § 164.225(c) — 1 case
State v. Corbin, 365 P.3d 647 (Or. Ct. App. 2015).
— Or. Rev. Stat. § 164.225(l)(a) — 6 cases
Norwood v. Premo, 403 P.3d 502 (Or. Ct. App. 2017). “See ORS 164.225 (l)(a)-(c) (second-degree burglary elevates to first-degree burglary if “the building is a dwelling, or if in effecting entry or while in a building or in immediate flight therefrom” other aggravating circumstances exist).”
State v. Graves, 700 P.2d 244 (Or. 1985).
State v. Warner, 696 P.2d 1052 (Or. 1985).
State v. Warner, 677 P.2d 733 (Or. Ct. App. 1984).
State v. Reid, 585 P.2d 411 (Or. Ct. App. 1978).
— Or. Rev. Stat. § 164.225(l)(b) — 2 cases
Galloway v. Nooth, 268 P.3d 736 (Or. Ct. App. 2011).
State v. Kline, 588 P.2d 675 (Or. Ct. App. 1978).
— Or. Rev. Stat. § 164.225(l)(c) — 2 cases
Norwood v. Premo, 403 P.3d 502 (Or. Ct. App. 2017). “See ORS 164.225 (l)(a)-(c) (second-degree burglary elevates to first-degree burglary if “the building is a dwelling, or if in effecting entry or while in a building or in immediate flight therefrom” other aggravating circumstances exist).”
State v. Warner, 696 P.2d 1052 (Or. 1985).
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