164.255
Criminal trespass in the first degree.
(1) A person commits the crime of criminal trespass in the first degree if the
person:
(a) Enters or
remains unlawfully in a dwelling;
(b) Having been
denied future entry to a building pursuant to a merchant’s notice of trespass,
reenters the building during hours when the building is open to the public with
the intent to commit theft therein;
(c) Enters or
remains unlawfully upon railroad yards, tracks, bridges or rights of way; or
(d) Enters or
remains unlawfully in or upon premises that have been determined to be not fit
for use under ORS 453.855 to 453.912.
(2) Subsection
(1)(d) of this section does not apply to the owner of record of the premises
if:
(a) The owner
notifies the law enforcement agency having jurisdiction over the premises that
the owner intends to enter the premises;
(b) The owner
enters or remains on the premises for the purpose of inspecting or
decontaminating the premises or lawfully removing items from the premises; and
(c) The owner has
not been arrested for, charged with or convicted of a criminal offense that
contributed to the determination that the premises are not fit for use.
(3) Criminal
trespass in the first degree is a Class A misdemeanor. [1971 c.743 §140; 1993
c.680 §23; 1999 c.837 §1; 2001 c.386 §1; 2003 c.527 §1]
164.260 [Repealed by 1971 c.743 §432]
Notes of Decisions
Cited in
75
cases (
23 in the last 5 years), 1972–2025 · leading case:
House v. Hicks, 179 P.3d 730 (Or. Ct. App. 2008).
House v. Hicks, 179 P.3d 730 (Or. Ct. App. 2008).
· cites it 2× “245 (criminal trespass in the second degree); ORS 164.255 (criminal trespass in the first degree).”
State v. Arellano-Sanchez, 481 P.3d 349 (Or. Ct. App. 2021).
· cites it 3× “190 (Count 7); first- degree burglary, ORS 164.255 (Count 8); attempted first-degree arson, ORS 164.”
State v. Peterson, 689 P.2d 985 (Or. Ct. App. 1984).
· cites it 4× “" [2] ORS 164.255 provides: "(1) A person commits the crime of criminal trespass in the first degree if he enters or remains unlawfully in a dwelling.”
State v. Collins, 39 P.3d 925 (Or. Ct. App. 2002).
· cites it 3× “215(1) provides: “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.”
State v. White, 147 P.3d 313 (Or. 2006).
“225, provides, in part: "(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.”
State v. Thompson, 971 P.2d 879 (Or. 1999).
“215(1) provides: “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.”
State v. McKnight, 426 P.3d 669 (Or. Ct. App. 2018).
“]" Under ORS 164.255(1)(a), one way that a person commits the crime of first-degree criminal trespass if the person "[e]nters or remains unlawfully in a dwelling," among other things.”
State v. Haley, 531 P.3d 142 (Or. 2023).
“” ORS 164.255. Cite as 371 Or 108 (2023) 119 “Premises” is defined in ORS 164.”
State v. Lucero, 335 P.3d 1275 (Or. Ct. App. 2014).
· cites it 3× “Defendant appeals a judgment of conviction for one count of criminal trespass in the first degree, ORS 164.255, and one count of harassment, ORS 166.”
State v. Ramirez-Hernandez, 332 P.3d 338 (Or. Ct. App. 2014).
“Defendant was convicted of criminal trespass in the first degree, ORS 164.255, and was ordered to pay $400 in court-appointed attorney fees.”
State v. Henderson, 455 P.3d 503 (Or. 2019).
“The court remanded for entry of a judg- ment of conviction for the lesser-included offense of first- degree criminal trespass, ORS 164.255(1)(a). 294 Or App at 666 . The Court of Appeals declined, however, to reach defendant’s jury concurrence instruction argument because it was…”
State v. Berndt, 386 P.3d 196 (Or. Ct. App. 2016).
“4 The trial court agreed with the state and denied defendant’s MJOA on that basis.”
— Or. Rev. Stat. § 164.255(1) — 4 cases
— Or. Rev. Stat. § 164.255(1)(a) — 7 cases
State v. McKnight, 426 P.3d 669 (Or. Ct. App. 2018).
“]" Under ORS 164.255(1)(a), one way that a person commits the crime of first-degree criminal trespass if the person "[e]nters or remains unlawfully in a dwelling," among other things.”
State v. Henderson, 455 P.3d 503 (Or. 2019).
“The court remanded for entry of a judg- ment of conviction for the lesser-included offense of first- degree criminal trespass, ORS 164.255(1)(a). 294 Or App at 666 . The Court of Appeals declined, however, to reach defendant’s jury concurrence instruction argument because it was…”
— Or. Rev. Stat. § 164.255(1)(b) — 1 case
State v. Collins, 39 P.3d 925 (Or. Ct. App. 2002).
“215(1) provides: “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.”
— Or. Rev. Stat. § 164.255(l)(a) — 2 cases
— Or. Rev. Stat. § 164.255(l)(c) — 1 case
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