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Oregon Revised Statutes

Or. Rev. Stat. § 164.245 (2026)

Criminal trespass in the second degree

✓ current as of May 2026
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      164.245 Criminal trespass in the second degree. (1) A person commits the crime of criminal trespass in the second degree if the person enters or remains unlawfully in a motor vehicle or in or upon premises.

      (2) Criminal trespass in the second degree is a Class C misdemeanor. [1971 c.743 §139; 1999 c.1040 §9]

 

      164.250 [Repealed by 1971 c.743 §432]

Notes of Decisions
Cited in 198 cases (60 in the last 5 years), 1973–2026 · leading case: State v. Dameron, 853 P.2d 1285 (Or. 1993).
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State v. Dameron, 853 P.2d 1285 (Or. 1993). · cites it 18× “, and TONGUE, retired Justice Pro Tem. VAN HOOMISSEN, Justice.”
Stranahan v. Fred Meyer, Inc., 11 P.3d 228 (Or. 2000). · cites it 6× “ORS 164.245; ORS 164.205(3)(b). [2] Article IV, section 1, provides in part: "(1) The legislative power of the state, except for the initiative and referendum powers reserved to the people, is vested in a Legislative Assembly, consisting of a Senate and a House of…”
United States v. Struckman, 603 F.3d 731 (9th Cir. 2010). · cites it 3× “Here, even if the police officers had probable cause to believe that Struck-man was committing criminal trespass in the second degree in violation of Or.Rev. Stat. § 164.245, the offense is a Class C misdemeanor, see id.”
State v. Werner, 383 P.3d 875 (Or. Ct. App. 2016). · cites it 4× “Accordingly, we turn to the criminal trespass and burglary statutes relevant to this case: ORS 164.245, which defines second-degree criminal trespass; ORS 164.”
State v. Collins, 39 P.3d 925 (Or. Ct. App. 2002). · cites it 7× “Defendant appeals from his conviction for criminal trespass in the second degree, ORS 164.245, based on his alleged violation of a Drug Free Zone (DFZ) exclusion order.”
State v. Ogden, 580 P.2d 1049 (Or. Ct. App. 1978). · cites it 4× “The jury was instructed on burglary in the second degree and was also instructed as to the lesser included offense of criminal trespass in the second degree, ORS 164.245. [2] Defendant assigns as error the trial court's supplemental instruction to the jury to the effect that…”
Lloyd Corp. v. Whiffen, 773 P.2d 1294 (Or. 1989). · cites it 4× “Simple trespass — that is, the unlawful failure to leave premises after being directed to do so — has been a misdemeanor in Oregon at least since 1882, see 1 General Laws of Oregon § 1794, p 921 (Hill 1887), and it still is, ORS 164.245. [18] In short, the right of a retail…”
State v. Cargill, 786 P.2d 208 (Or. Ct. App. 1990). · cites it 4× “ORS 164.245. The trial court reduced the charges from Class C misdemeanors to violations.”
State v. Dixson, 740 P.2d 1224 (Or. Ct. App. 1987). · cites it 6× “See ORS 164.245; [4] ORS 164.205(3), (4), (6).”
City of Grants Pass v. Johnson, 603 U.S. 520 (2024). · cites it 2× “Ore. Rev. Stat. §§ 164.245, 161.615(3), 161.”
House v. Hicks, 179 P.3d 730 (Or. Ct. App. 2008). · cites it 2× “ORS 164.245 (criminal trespass in the second degree); ORS 164.”
State v. Koenig, 242 P.3d 649 (Or. Ct. App. 2010). · cites it 6× “090, [1] and one count of criminal trespass *651 in the second degree, ORS 164.245. [2] Defendant assigns error to the trial court's denial of his motion for judgment of acquittal on all six counts.”
Show all 198 citing cases →
— Or. Rev. Stat. § 164.245(1) — 63 cases
State v. Dameron, 853 P.2d 1285 (Or. 1993). “, and TONGUE, retired Justice Pro Tem. VAN HOOMISSEN, Justice.”
Stranahan v. Fred Meyer, Inc., 11 P.3d 228 (Or. 2000). “ORS 164.245; ORS 164.205(3)(b). [2] Article IV, section 1, provides in part: "(1) The legislative power of the state, except for the initiative and referendum powers reserved to the people, is vested in a Legislative Assembly, consisting of a Senate and a House of…”
United States v. Struckman, 603 F.3d 731 (9th Cir. 2010). “Here, even if the police officers had probable cause to believe that Struck-man was committing criminal trespass in the second degree in violation of Or.Rev. Stat. § 164.245, the offense is a Class C misdemeanor, see id.”
State v. Pierce, 203 P.3d 343 (Or. Ct. App. 2009).
State v. Williams, 35 P.3d 1088 (Or. Ct. App. 2001).
— Or. Rev. Stat. § 164.245(2) — 3 cases
State v. Werner, 383 P.3d 875 (Or. Ct. App. 2016). “Accordingly, we turn to the criminal trespass and burglary statutes relevant to this case: ORS 164.245, which defines second-degree criminal trespass; ORS 164.”
Carr v. City of Hillsboro, 497 F. Supp. 2d 1197 (D. Or. 2007).
Robert Lloyd Sheet Metal, Inc. v. Sheet Metal Workers' Int'l Ass'n, Local Union 16, 940 P.2d 1214 (Or. 1997).
— Or. Rev. Stat. § 164.245(3)(b) — 1 case
Stranahan v. Fred Meyer, Inc., 878 P.2d 1123 (Or. Ct. App. 1994).
— Or. Rev. Stat. § 164.245(l)(a) — 1 case
State v. Nugent, 323 P.3d 289 (Or. Ct. App. 2014).
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