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Oregon Revised Statutes

Or. Rev. Stat. § 164.345 (2026)

Criminal mischief in the third degree

✓ current as of May 2026
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      164.345 Criminal mischief in the third degree. (1) A person commits the crime of criminal mischief in the third degree if, with intent to cause substantial inconvenience to the owner or to another person, and having no right to do so nor reasonable ground to believe that the person has such right, the person tampers or interferes with property of another.

      (2) Criminal mischief in the third degree is a Class C misdemeanor. [1971 c.743 §145]

 

      164.350 [Repealed by 1971 c.743 §432]

Notes of Decisions
Cited in 53 cases (6 in the last 5 years), 1975–2025 · leading case: State v. Schoen, 211 P.3d 948 (Or. Ct. App. 2009).
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State v. Schoen, 211 P.3d 948 (Or. Ct. App. 2009). · cites it 108× “ORS 164.345 provides, in part: "(1) A person commits the crime of criminal mischief in the third degree if, with intent to cause substantial inconvenience to the owner or to another person, and having no right to do so nor reasonable ground to believe that the person has such…”
Huffman & Wright Logging Co. v. Wade, 857 P.2d 101 (Or. 1993). · cites it 8× “Defendants were arrested and charged with criminal mischief in the third degree, ORS 164.345. [3] After a trial to the court on stipulated facts, defendants were convicted.”
State v. Schoen, 228 P.3d 1207 (Or. 2010). · cites it 16× “The commentary to the code noted that the new criminal mischief sections were intended to replace the statutes that “prohibit[ed] ‘interference’ or ‘tampering’ with certain classes of property.”
State v. Maciel-Figueroa, 389 P.3d 1121 (Or. 2017). “190 (person commits “menacing” when he or she “intentionally attempts to place another person in fear of imminent serious physical injury”); ORS 164.345 - 164.365 (person commits “criminal mischief” when he or she damages, interferes, or tampers with another person’s property).”
State v. J. N. S., 308 P.3d 1112 (Or. Ct. App. 2013). · cites it 2× “384, criminal mischief in the third degree (Count 4), ORS 164.345, and theft in the third degree (Count 5), ORS 164.”
State v. Lee, 342 P.3d 1095 (Or. Ct. App. 2015). · cites it 18× “In this criminal case, defendant appeals the trial court’s judgment convicting him of one count of criminal mischief in the third degree as defined by ORS 164.345(1). The charge was based on an allegation that, with the intent to cause substantial inconvenience to another…”
State v. Pemberton, 203 P.3d 326 (Or. Ct. App. 2009). · cites it 2× “025, and criminal mischief in the third degree, ORS 164.345. The trial court imposed terms of incarceration of 10 to 120 days, concurrent to the sentences for assault in the third degree, for each of those convictions.”
In Re Complaint as to the Conduct of Roth, 645 P.2d 1064 (Or. 1982). · cites it 2× “ORS 164.345. 6 We find, therefore, that Judge Roth wilfully failed in this instance to comply with the law and committed a wilful violation of Canon 2A of the Oregon Code of Judicial Conduct.”
State v. Hayne, 427 P.3d 201 (Or. Ct. App. 2018). · cites it 2× “025 ; and two counts of criminal mischief, ORS 164.345. *358 The second incident occurred the following May, after defendant's brother-in-law contacted police for assistance in getting defendant to leave his elderly mother's house.”
Donovan v. Barnes, 548 P.2d 980 (Or. 1976). · cites it 2× “[4] See ORS 164.345, 164.354, 164.365 (making criminal mischief a criminal offense) and ORS 166.”
State v. Douthitt, 576 P.2d 1262 (Or. Ct. App. 1978). · cites it 2× “Damaging a vehicle is covered by the statute on criminal mischief, ORS 164.345 to 164.365. The Commentary is helpful in attempting to ascertain whether defendant's conduct comes within the ambit of ORS 164.”
State v. Parsons, 403 P.3d 497 (Or. Ct. App. 2017). “354 states: “(1) A person commits the crime of criminal mischief in the second degree if: “(a) The person violates ORS 164.345, and as a result thereof, damages property in an amount exceeding $500; or “(b) Having no right to do so nor reasonable ground to believe that the…”
Show all 53 citing cases →
— Or. Rev. Stat. § 164.345(1) — 10 cases
State v. Schoen, 228 P.3d 1207 (Or. 2010). “The commentary to the code noted that the new criminal mischief sections were intended to replace the statutes that “prohibit[ed] ‘interference’ or ‘tampering’ with certain classes of property.”
State v. Schoen, 211 P.3d 948 (Or. Ct. App. 2009). “ORS 164.345 provides, in part: "(1) A person commits the crime of criminal mischief in the third degree if, with intent to cause substantial inconvenience to the owner or to another person, and having no right to do so nor reasonable ground to believe that the person has such…”
State v. Lee, 342 P.3d 1095 (Or. Ct. App. 2015). “In this criminal case, defendant appeals the trial court’s judgment convicting him of one count of criminal mischief in the third degree as defined by ORS 164.345(1). The charge was based on an allegation that, with the intent to cause substantial inconvenience to another…”
State ex rel. Juv. Dep't v. B. M. L., 256 P.3d 132 (Or. Ct. App. 2011).
State v. Easterday, 340 Or. App. 104 (Or. Ct. App. 2025).
— Or. Rev. Stat. § 164.345(2) — 1 case
State v. Lee, 342 P.3d 1095 (Or. Ct. App. 2015). “In this criminal case, defendant appeals the trial court’s judgment convicting him of one count of criminal mischief in the third degree as defined by ORS 164.345(1). The charge was based on an allegation that, with the intent to cause substantial inconvenience to another…”
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