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Oregon Revised Statutes

Or. Rev. Stat. § 164.828 (2026)

Ownership as affirmative defense under ORS 164.813 and 164.825

✓ current as of May 2026
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      164.828 Ownership as affirmative defense under ORS 164.813 and 164.825. It is an affirmative defense to any charge under ORS 164.813 or 164.825 that the defendant is in fact the owner of the trees or special forest products cut or transported. [1981 c.645 §7; 1993 c.167 §2]

 

      Note: 164.828 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 164 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

 

      164.830 [Repealed by 1971 c.743 §432]

Notes of Decisions
Cited in 2 cases, 1995–1996 · leading case: State v. Vasquez-Rubio, 917 P.2d 494 (Or. 1996).
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State v. Vasquez-Rubio, 917 P.2d 494 (Or. 1996). “035 (“[i]n a prosecution for theft it is a defense that the defendant acted under a claim of right”); ORS 164.828 (“[i]t is an affirmative defense to any charge under ORS 164.”
State v. Vasquez-Rubio, 897 P.2d 324 (Or. Ct. App. 1995). “035; ORS 164.828; ORS 167.085; ORS 167.095; ORS 167.”
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