Or. Rev. Stat. » Oregon Revised Statutes
Oregon Revised Statutes

Or. Rev. Stat. § 164.335 (2026)

Reckless burning

✓ current as of May 2026
Find cases: SyfertCases citing this section ORSoregonlegislature.gov JustiaChapter on Justia CornellLII Search CasesGoogle Scholar

      164.335 Reckless burning. (1) A person commits the crime of reckless burning if the person recklessly damages property of another by fire or explosion.

      (2) Reckless burning is a Class A misdemeanor. [1971 c.743 §142]

Notes of Decisions
Cited in 25 cases (9 in the last 5 years), 1973–2025 · leading case: State v. Gonzalez, 534 P.3d 289 (Or. Ct. App. 2023).
Sort: Relevance Newest Treatment
State v. Gonzalez, 534 P.3d 289 (Or. Ct. App. 2023). · cites it 2× “” 3 ORS 164.335(1) provides that “[a] person commits the crime of reckless burning if the person recklessly damages property of another by fire or explo- sion.”
State v. Leckenby, 117 P.3d 273 (Or. Ct. App. 2005). · cites it 2× “325, contending that the trial court erred in refusing to give a requested jury instruction on a lesser-included offense of reckless burning, ORS 164.335. We agree with defendant that the trial court erred and reverse.”
State v. Luers, 153 P.3d 688 (Or. Ct. App. 2007). “325, or ORS 164.335, among other crimes.] “(3) When the same conduct or criminal episode violates only one statutory provision and involves only one victim, but nevertheless involves repeated violations of the same statutory provision against the same victim, there are as many…”
State v. McBean, 74 P.3d 1127 (Or. Ct. App. 2003). · cites it 3× “Defendant was convicted of reckless burning, ORS 164.335, and appeals, contending that there was insufficient evidence to establish his guilt.”
State v. Merideth, 942 P.2d 803 (Or. Ct. App. 1997). · cites it 2× “ORS 164.335. 3 He also raises two assignments of error concerning his sentencing.”
State v. Nyhuis, 284 P.3d 1229 (Or. Ct. App. 2012). · cites it 2× “On appeal, he argues that the court erred in denying his motion for a judgment of acquittal, because ORS 164.335(1), the reckless burning statute, applies only if the burnt items were the “property of another,” and the state failed to prove that what he burned was either…”
State v. Booth, 588 P.2d 614 (Or. 1978). “Thus, in Stockett we were addressing a situation where, if the State failed to prove the intent to damage property because of a partial responsibility defense or any other evidence of lack of intent, it would not result in an acquittal, but, instead, the jury would be instructed…”
State v. Austin, 501 P.3d 1136 (Or. Ct. App. 2021). “325, and seven counts of reckless burning, ORS 164.335. He raises four assignments of error on appeal.”
State v. Lloyd, 538 P.2d 1278 (Or. Ct. App. 1975). “125) and one count of reckless burning (ORS 164.335), arguing that the circuit court erred in refusing to* exclude from evidence testimony about, and recordings of, statements elicited from him by police during a period of alleged illegal detention extending over some four-…”
State v. Waterhouse, 337 P.3d 195 (Or. Ct. App. 2014). “Nyhuis, 251 Or App 768, 772 , 284 P3d 1229 (2012) (holding that, for purposes of the reckless burning statute, ORS 164.335, the presumption of property value in “an amount” less than $50 in ORS 164.”
State v. K.-M. D. C., 343 Or. App. 92 (Or. Ct. App. 2025). · cites it 4× “In this juvenile delinquency case, youth seeks rever- sal of an adjudication for reckless burning, ORS 164.335. Youth does not dispute that he started a fire in a grassy field that damaged property.”
State v. Perez, 508 P.2d 833 (Or. Ct. App. 1973). “” He was next asked: “At any other parking lot in a grocery store?” He again replied, “No.” It would be my conclusion that in the absence of some evidence by the state that campers were “customarily occupied by people” (ORS 164.”
Show all 25 citing cases →
— Or. Rev. Stat. § 164.335(1) — 6 cases
State v. Gonzalez, 534 P.3d 289 (Or. Ct. App. 2023). “” 3 ORS 164.335(1) provides that “[a] person commits the crime of reckless burning if the person recklessly damages property of another by fire or explo- sion.”
State v. Nyhuis, 284 P.3d 1229 (Or. Ct. App. 2012). “On appeal, he argues that the court erred in denying his motion for a judgment of acquittal, because ORS 164.335(1), the reckless burning statute, applies only if the burnt items were the “property of another,” and the state failed to prove that what he burned was either…”
State v. McBean, 74 P.3d 1127 (Or. Ct. App. 2003). “Defendant was convicted of reckless burning, ORS 164.335, and appeals, contending that there was insufficient evidence to establish his guilt.”
State v. K.-M. D. C., 343 Or. App. 92 (Or. Ct. App. 2025). “In this juvenile delinquency case, youth seeks rever- sal of an adjudication for reckless burning, ORS 164.335. Youth does not dispute that he started a fire in a grassy field that damaged property.”
State v. Gonzalez (Or. Ct. App. 2023).
— Or. Rev. Stat. § 164.335(2) — 2 cases
State v. Gonzalez, 534 P.3d 289 (Or. Ct. App. 2023). “” 3 ORS 164.335(1) provides that “[a] person commits the crime of reckless burning if the person recklessly damages property of another by fire or explo- sion.”
State v. Gonzalez (Or. Ct. App. 2023).
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.