164.365
Criminal mischief in the first degree.
(1) A person commits the crime of criminal mischief in the first degree who,
with intent to damage property, and having no right to do so nor reasonable
ground to believe that the person has such right:
(a) Damages or
destroys property of another:
(A) In an amount
exceeding $1,000;
(B) By means of
an explosive;
(C) By starting a
fire in an institution while the person is committed to and confined in the
institution;
(D) Which is a
livestock animal as defined in ORS 164.055;
(E) Which is the
property of a public utility, telecommunications carrier, railroad, public
transportation facility or medical facility used in direct service to the
public; or
(F) By
intentionally interfering with, obstructing or adulterating in any manner the
service of a public utility, telecommunications carrier, railroad, public
transportation facility or medical facility; or
(b) Intentionally
uses, manipulates, arranges or rearranges the property of a public utility,
telecommunications carrier, railroad, public transportation facility or medical
facility used in direct service to the public so as to interfere with its
efficiency.
(2) As used in
subsection (1) of this section:
(a) “Institution”
includes state and local correctional facilities, mental health facilities,
juvenile detention facilities and state training schools.
(b) “Medical
facility” means a health care facility as defined in ORS 442.015, a licensed
physician’s office or anywhere a licensed medical practitioner provides health
care services.
(c) “Public
utility” has the meaning provided for that term in ORS 757.005 and includes any
cooperative, people’s utility district or other municipal corporation providing
an electric, gas, water or other utility service.
(d) “Railroad”
has the meaning provided for that term in ORS 824.020.
(e) “Public
transportation facility” means any property, structure or equipment used for or
in connection with the transportation of persons for hire by rail, air or bus,
including any railroad cars, buses or airplanes used to carry out such
transportation.
(f) “Telecommunications
carrier” has the meaning given that term in ORS 133.721.
(3) Criminal
mischief in the first degree is a Class C felony. [1971 c.743 §147; 1973 c.133 §6;
1975 c.344 §1; 1979 c.805 §1; 1983 c.740 §33a; 1987 c.447 §104; 1987 c.907 §10;
1989 c.584 §2; 1991 c.837 §13; 1991 c.946 §2; 1993 c.94 §1; 1993 c.332 §3; 1999
c.1040 §11; 1999 c.1093 §2; 2003 c.543 §4; 2009 c.16 §6]
164.366 [1957 c.714 §§2,6(2); repealed by
1971 c.743 §432]
Notes of Decisions
Cited in
109
cases (
40 in the last 5 years), 1976–2026 · leading case:
State v. Horton
State v. Horton (2023)
orctapp · cites it 3×
“On appeal, as relevant to her convic- tions for first-degree criminal mischief, ORS 164.365, and second-degree criminal mischief, ORS 164.”
State v. Waterman (2022)
orctapp · cites it 7×
“Defendant contributed to that damage by breaking the driver’s side window and denting the driver’s side door.”
State v. Turnidge (2016)
or
“ho commits or attempts to commit any of the following crimes and in the course of and in furtherance of the crime the person is committing or attempting to commit * * *, the person, or another participant if there be any, causes the death of a person other than one of the…”
State v. Schoen (2009)
orctapp · cites it 14×
“354, and first-degree criminal mischief, ORS 164.365. A comparison of the elements of third-degree criminal mischief with the elements of first-and second-degree criminal mischief further informs the intent of the legislature as to ORS 164.”
State v. Morales (2021)
orctapp · cites it 3×
“894, and was found guilty of first- degree criminal mischief, ORS 164.365, by the trial court after a stipulated facts trial.”
State v. Luers (2007)
orctapp · cites it 2×
“384; one count of criminal mischief in the first degree, ORS 164.365; and one count of attempted criminal mischief in the first degree, ORS 161.”
State v. Morales (2023)
orctapp · cites it 3×
“1 ORS 164.365 provides, as relevant here: “(1) A person commits the crime of criminal mischief in the first degree who, with intent to damage property, and having no right to do so nor reason- able ground to believe that the person has such right: “(a) Damages or destroys…”
State v. Delker (1993)
orctapp · cites it 4×
“225, criminal mischief in the first degree, ORS 164.365, and one count of assault in the fourth degree.”
State v. Traylor (2014)
orctapp · cites it 2×
“In accordance with that provision, the court found that defendant’s criminal-mischief conviction did not represent “merely an incidental violation of’ the criminal-mischief statute, ORS 164.365, 3 in the course of the burglary but, instead, indicated defendant’s willingness to…”
State v. Parker (1985)
or · cites it 2×
“” Defendant was indicted on three counts, the first for criminal mischief in the first degree, ORS 164.365; 1 the second for menacing, ORS 163.”
State v. McCormick (1977)
or · cites it 2×
“ORS 164.365. Appearance was set for April 20.”
State v. Johnson (2025)
orctapp · cites it 3×
“Defendant appeals a conviction for first-degree criminal mischief, ORS 164.365, arising from an incident in which defendant allegedly smashed a rock into the window of a car.”
— Or. Rev. Stat. § 164.365(1) — 5 cases
— Or. Rev. Stat. § 164.365(1)(a) — 2 cases
— Or. Rev. Stat. § 164.365(1)(a)(A) — 12 cases
State v. Waterman (2022)
orctapp
“Defendant contributed to that damage by breaking the driver’s side window and denting the driver’s side door.”
State v. Horton (2023)
orctapp
“On appeal, as relevant to her convic- tions for first-degree criminal mischief, ORS 164.365, and second-degree criminal mischief, ORS 164.”
State v. Morales (2021)
orctapp
“894, and was found guilty of first- degree criminal mischief, ORS 164.365, by the trial court after a stipulated facts trial.”
State v. Morales (2023)
orctapp
“1 ORS 164.365 provides, as relevant here: “(1) A person commits the crime of criminal mischief in the first degree who, with intent to damage property, and having no right to do so nor reason- able ground to believe that the person has such right: “(a) Damages or destroys…”
— Or. Rev. Stat. § 164.365(1)(a)(F) — 1 case
State v. Schoen (2009)
orctapp
“354, and first-degree criminal mischief, ORS 164.365. A comparison of the elements of third-degree criminal mischief with the elements of first-and second-degree criminal mischief further informs the intent of the legislature as to ORS 164.”
— Or. Rev. Stat. § 164.365(1)(b) — 1 case
State v. Schoen (2009)
orctapp
“354, and first-degree criminal mischief, ORS 164.365. A comparison of the elements of third-degree criminal mischief with the elements of first-and second-degree criminal mischief further informs the intent of the legislature as to ORS 164.”
— Or. Rev. Stat. § 164.365(l)(A)(a) — 1 case
— Or. Rev. Stat. § 164.365(l)(a) — 1 case
— Or. Rev. Stat. § 164.365(l)(a)(A) — 1 case
— Or. Rev. Stat. § 164.365(l)(a)(E) — 1 case
— Or. Rev. Stat. § 164.365(l)(a)(F) — 2 cases
State v. Schoen (2009)
orctapp
“354, and first-degree criminal mischief, ORS 164.365. A comparison of the elements of third-degree criminal mischief with the elements of first-and second-degree criminal mischief further informs the intent of the legislature as to ORS 164.”
— Or. Rev. Stat. § 164.365(l)(b) — 2 cases
State v. Schoen (2009)
orctapp
“354, and first-degree criminal mischief, ORS 164.365. A comparison of the elements of third-degree criminal mischief with the elements of first-and second-degree criminal mischief further informs the intent of the legislature as to ORS 164.”
— Or. Rev. Stat. § 164.365(l)(d) — 1 case
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