Oregon Revised Statute (ORS) 164.245, Criminal Trespass in the First Degree, addresses unlawful entry onto another person's property. This guide will delve into the specifics of this law, outlining what constitutes criminal trespass, the potential penalties, and related legal considerations. Understanding ORS 164.245 is crucial for both property owners seeking to protect their land and individuals needing to understand their rights when facing trespass charges.
What Constitutes Criminal Trespass I Under ORS 164.245?
ORS 164.245 defines criminal trespass in the first degree as entering or remaining on the premises of another knowing that you are not privileged to do so. This seemingly straightforward definition encompasses several key elements:
-
Entering or Remaining: The crime is committed by either entering the property without permission or remaining on the property after being asked to leave. Simply being on the property isn't enough; the act of entering or refusing to leave is what constitutes the offense.
-
Premises of Another: This refers to any land or building owned or possessed by another person. This includes private residences, businesses, and even public spaces where access is restricted (like a construction site).
-
Knowing You Are Not Privileged: This is a crucial element. The prosecution must prove that the individual knew they lacked permission to be on the property. Ignorance of the law is not a defense; however, a genuine belief that permission was granted could be considered.
Examples of Criminal Trespass I:
- Entering a neighbor's backyard to retrieve a lost ball without their permission.
- Remaining in a store after closing hours.
- Entering a construction site after being warned to stay away.
- Entering a fenced-in area marked with "No Trespassing" signs.
What are the Penalties for Criminal Trespass I in Oregon?
Criminal Trespass I is a Class B misdemeanor in Oregon. This means that a conviction could result in:
- Fines: Up to $6,250.
- Jail Time: Up to six months in jail.
- Community Service: The court may order community service as part of the sentence.
- Criminal Record: A conviction will appear on your criminal record.
The exact penalties will depend on the severity of the offense, the defendant's criminal history, and the judge's discretion.
What is the difference between Criminal Trespass I and Criminal Trespass II?
Criminal Trespass II (ORS 164.240) involves entering or remaining on premises where the defendant knows they are not privileged to do so. However, it is a Class C misdemeanor, carrying less severe penalties than Criminal Trespass I. The key difference often lies in the specific circumstances and the value of any property involved. For instance, entering a fenced-in area might be Criminal Trespass II, while entering a residence to steal something would likely be Criminal Trespass I and potentially other more serious charges.
Can I be arrested for Criminal Trespass I if I have a prior trespass conviction?
Yes, a prior conviction for trespassing significantly increases the likelihood of arrest and more severe penalties if you are caught trespassing again. The court will consider your prior record when determining sentencing.
What if I mistakenly believed I had permission to be on the property?
While ignorance of the law is not a defense, a genuine and reasonable belief that you had permission to be on the property could be used as a mitigating factor during sentencing. It's crucial to present any evidence supporting your claim. This could include witness testimony, correspondence, or other documentation.
How can I protect myself from being accused of Criminal Trespass I?
- Respect "No Trespassing" signs: Always obey posted signs indicating that entry is prohibited.
- Obtain permission: Before entering private property, always obtain permission from the owner or legal occupant.
- Leave when asked: If asked to leave a property, comply immediately. Refusal to leave can escalate the situation and lead to more serious charges.
- Be aware of your surroundings: Pay attention to property boundaries and any signs indicating restricted access.
This information is for educational purposes only and should not be considered legal advice. If you have been charged with Criminal Trespass I or have questions about Oregon's trespass laws, you should consult with a qualified attorney.
