Or. Rev. Stat. § 164.354
Criminal mischief in the second degree
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164.354 Criminal mischief in the second degree. (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 person has such right, the person intentionally damages property of another, or, the person recklessly damages property of another in an amount exceeding $500.
(2) Criminal mischief in the second degree is a Class A misdemeanor. [1971 c.743 §146; 2009 c.16 §5]
164.355 [1967 c.378 §§1,2,3,4; 1969 c.287 §1; repealed by 1971 c.743 §432]
164.360 [Repealed by 1971 c.743 §432]
164.362 [1957 c.714 §§1,6(1); repealed by 1971 c.743 §432]
164.364 [1957 c.714 §§4,5; repealed by 1971 c.743 §432]
Notes of Decisions
Cited in 189
cases (64 in the last 5 years), 1975–2025 · leading case: State v. Dickerson
State v. Dickerson (2015)
“Oregon’s criminal mischief statute, ORS 164.354, prohibits persons from intentionally damaging “property of another.”
State v. Clemente-Perez (2015)
“250(1)(b), he nevertheless was entitled 2 ORS 164.354 provides that a person commits the crime of second-degree criminal mischief if, “[h]aving no right to do so nor reasonable ground to believe that the person has such right, the person intentionally damages property of another.”
State v. Horton (2023)
“365, and second-degree criminal mischief, ORS 164.354, defendant argues that the trial court erred by failing to give a jury instruction on the mental-state requirement for the value element of criminal mischief.”
State v. Parsons (2017)
“540, and second-degree criminal mischief, ORS 164.354. He appeals from a supplemental judgment that ordered him to pay restitution to a clothing store, the City of Tigard, and the city’s insurer.”
State v. Newkirk (2022)
“Defendant assigns error to the trial court’s denial of a motion for judgment of acquittal on Count 1, contending that the evidence is insufficient to support a finding that defendant intended to cause serious physical injury.”
State v. Gibson (2019)
“Hood River County Circuit Court 140281CM; A163166 451 P3d 259 A jury convicted defendant of second-degree criminal mischief, ORS 164.354. On appeal, defendant assigns error to the trial court’s determination that it would permit the state to introduce a video of defendant’s…”
State v. Jones (2019)
“*265 ORS 164.354 provides that, to prove the offense of second-degree criminal mischief, the state must offer evidence that a defendant engaged in conduct that "damages" the property of another.”
State v. Page (2024)
“After defendant pleaded no con- test to one count of second-degree criminal mischief, ORS 164.354,1 the trial court entered a judgment of conviction.”
State v. Dickerson (2013)
“In this criminal case, defendant appeals his conviction for second-degree criminal mischief, ORS 164.354, 1 arguing that the state failed to prove that he intentionally damaged the “property of another,” ORS 164.”
State v. Moylett (1992)
“160, and criminal mischief in the second degree, ORS 164.354. Defendant was hospitalized following a vehicular collision.”
State v. Arellano-Sanchez (2021)
“325 (Count 10); and second-degree criminal mischief, ORS 164.354 (Count 11). Raising four assignment of error, defendant first asserts that the trial court erred in denying his motion to exclude gang-related evidence.”
State v. Lonergan (2008)
“540; criminal mischief in the second degree, ORS 164.354; and theft in the first degree, ORS 164.”
— Or. Rev. Stat. § 164.354(1) — 6 cases
State v. Horton (2023)
“365, and second-degree criminal mischief, ORS 164.354, defendant argues that the trial court erred by failing to give a jury instruction on the mental-state requirement for the value element of criminal mischief.”
State v. Jones (2019)
“*265 ORS 164.354 provides that, to prove the offense of second-degree criminal mischief, the state must offer evidence that a defendant engaged in conduct that "damages" the property of another.”
State v. Horton (2023)
State v. Cruz (2023)
State v. Fetzer (2015)
— Or. Rev. Stat. § 164.354(1)(a) — 2 cases
— Or. Rev. Stat. § 164.354(1)(b) — 12 cases
State v. Clemente-Perez (2015)
“250(1)(b), he nevertheless was entitled 2 ORS 164.354 provides that a person commits the crime of second-degree criminal mischief if, “[h]aving no right to do so nor reasonable ground to believe that the person has such right, the person intentionally damages property of another.”
State v. Bales (2017)
State v. Lile (2021)
State v. C. G. P. (2025)
State v. Santini (2023)
— Or. Rev. Stat. § 164.354(b) — 1 case
State v. Corbin (2015)
— Or. Rev. Stat. § 164.354(l)(a) — 1 case
State v. Bax (2014)
— Or. Rev. Stat. § 164.354(l)(b) — 7 cases
State v. Dickerson (2015)
“Oregon’s criminal mischief statute, ORS 164.354, prohibits persons from intentionally damaging “property of another.”
State v. Clemente-Perez (2015)
“250(1)(b), he nevertheless was entitled 2 ORS 164.354 provides that a person commits the crime of second-degree criminal mischief if, “[h]aving no right to do so nor reasonable ground to believe that the person has such right, the person intentionally damages property of another.”
State v. Gaffney (1978)
State v. Wiggins (2015)
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