Arrest Reports and Laws

Defense in prosecution under ORS 164.162; applicability of ORS 164.162.

(1) In a prosecution under ORS 164.162, it is a defense that the defendant acted under an honest claim of right in that:
(a) The defendant was unaware that the property was that of another person;
(b) The defendant reasonably believed that the defendant was entitled to the property involved or had a right to acquire or dispose of it as the defendant did; or
(c) The property involved was that of the defendant’s spouse, unless the parties were not living together as spouses in a marriage and were living in separate abodes at the time of the alleged offense.
(2)(a) ORS 164.162 does not apply to employees charged with the operation of facilities listed in paragraph (b) of this subsection when the employees are carrying out their official duties to protect the safety and security of the facilities.
(b) The facilities to which paragraph (a) of this subsection applies are juvenile detention facilities and local correctional facilities as defined in ORS 169.005, detention facilities as defined in ORS 419A.004, youth correction facilities as defined in ORS 420.005 and Department of Corrections institutions as defined in ORS 421.005. [1999 c.920 §3; 2015 c.629 §32]