Noah Gabriel Kirshner was booked at 6:36 PM on Monday, August 13th by Bend Police Department. Kirshner was booked into Deschutes County Jail in Bend, Oregon.
The 19 year old male was arrested for suspicion of the below crimes:
- 164.215 BURGLARY 2ND DEG
- 164.045 THEFT 2ND DEG - 1
- 164.272 UNLAWFUL ENTRY INTO MOTOR VEH
- 164.354 CRIMINAL MISCHIEF 2ND DEG
- 164.045 THEFT 2ND DEG - 1
- 164.272 UNLAWFUL ENTRY INTO MOTOR VEH
- 164.043 THEFT 3RD DEG - 1
- 164.272 UNLAWFUL ENTRY INTO MOTOR VEH
- 164.043 THEFT 3RD DEG - 1
- 475.752 (3) (d) CONTROLLED SUBSTANCE OFFENSE - Possess without Perscription - Sch 4
Bail has been set to $30000.0 for Kirshner which is listed as a 5' 11" male weighing approximately 150 lbs.
Noah Gabriel Kirshner was arrested in Deschutes County Oregon and Noah Gabriel Kirshner has a presumption of innocence which means that although the person was arrested, they are presumed innocent until proven guilty in a court of law. Presumption of innocence” serves to emphasize that the prosecution has the obligation to prove each element of the offense beyond a reasonable doubt (or some other level of proof depending on the criminal justice system) and that the accused bears no burden of proof. For more information in presumption of innocence, wikipedia is a great place to start.
This information is made available by the local sheriff’s office in Deschutes County Oregon. For more regarding the Deschutes County Sheriffs department you can visit their website. They can also be contact them at their contact us page.
Noah Gabriel Kirshner is presumed innocent until proven guilty.
Oregon Sentencing Guidelines
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Below are the Oregon laws which may relate to this arrest:
Burglary in the second degree.
(1) Except as otherwise provided in ORS 164.255, a person commits the crime of burglary in the second degree if the person enters or remains unlawfully in a building with intent to commit a crime therein.(2) Burglary in the second degree is a Class C felony. [1971 c.743 §136; 1993 c.680 §24]
Theft in the second degree.
(1) A person commits the crime of theft in the second degree if:(a) By means other than extortion, the person commits theft as defined in ORS 164.015; and
(b) The total value of the property in a single or aggregate transaction is $100 or more and less than $1,000.
(2) Theft in the second degree is a Class A misdemeanor. [1971 c.743 §124; 1987 c.907 §3; 1993 c.680 §19; 2009 c.11 §12; 2009 c.16 §2]
Unlawful entry into a motor vehicle.
(1) A person commits the crime of unlawful entry into a motor vehicle if the person enters a motor vehicle, or any part of a motor vehicle, with the intent to commit a crime.(2) Unlawful entry into a motor vehicle is a Class A misdemeanor.
(3) As used in this section, enters includes, but is not limited to, inserting:
(a) Any part of the body; or
(b) Any object connected with the body. [1995 c.782 §1]
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]
Theft in the third degree.
(1) A person commits the crime of theft in the third degree if:(a) By means other than extortion, the person commits theft as defined in ORS 164.015; and
(b) The total value of the property in a single or an aggregate transaction is less than $100.
(2) Theft in the third degree is a Class C misdemeanor. [1987 c.907 §2; 2009 c.11 §11; 2009 c.16 §1]
Prohibited acts generally; penalties; exceptions; affirmative defense for certain peyote uses; causing death by Schedule IV substance.
(1) Except for licensees and licensee representatives, as those terms are defined in ORS 475B.015, that are engaged in lawful activities, and except for a person acting within the scope of and in compliance with ORS 475B.245, and except as authorized by ORS 475.005 to 475.285 and 475.752 to 475.980, it is unlawful for any person to manufacture or deliver a controlled substance. Any person who violates this subsection with respect to:(a) A controlled substance in Schedule I, is guilty of a Class A felony, except as otherwise provided in ORS 475.886 and 475.890.
(b) A controlled substance in Schedule II, is guilty of a Class B felony, except as otherwise provided in ORS 475.858, 475.860, 475.862, 475.878, 475.880, 475.882, 475.904 and 475.906.
(c) A controlled substance in Schedule III, is guilty of a Class C felony, except as otherwise provided in ORS 475.904 and 475.906.
(d) A controlled substance in Schedule IV, is guilty of a Class B misdemeanor.
(e) A controlled substance in Schedule V, is guilty of a Class C misdemeanor.
(2) Except as authorized in ORS 475.005 to 475.285 and 475.752 to 475.980, it is unlawful for any person to create or deliver a counterfeit substance. Any person who violates this subsection with respect to:
(a) A counterfeit substance in Schedule I, is guilty of a Class A felony.
(b) A counterfeit substance in Schedule II, is guilty of a Class B felony.
(c) A counterfeit substance in Schedule III, is guilty of a Class C felony.
(d) A counterfeit substance in Schedule IV, is guilty of a Class B misdemeanor.
(e) A counterfeit substance in Schedule V, is guilty of a Class C misdemeanor.
(3) It is unlawful for any person knowingly or intentionally to possess a controlled substance, other than marijuana, unless the substance was obtained directly from, or pursuant to a valid prescription or order of, a practitioner while acting in the course of professional practice, or except as otherwise authorized by ORS 475.005 to 475.285 and 475.752 to 475.980. Any person who violates this subsection with respect to:
(a) A controlled substance in Schedule I, is guilty of a Class B felony, except as otherwise provided in ORS 475.894.
(b) A controlled substance in Schedule II, is guilty of a Class C felony, except as otherwise provided in ORS 475.864.
(c) A controlled substance in Schedule III, is guilty of a Class A misdemeanor.
(d) A controlled substance in Schedule IV, is guilty of a Class C misdemeanor.
(e) A controlled substance in Schedule V, is guilty of a violation.
(4) In any prosecution under this section for manufacture, possession or delivery of that plant of the genus Lophophora commonly known as peyote, it is an affirmative defense that the peyote is being used or is intended for use:
(a) In connection with the good faith practice of a religious belief;
(b) As directly associated with a religious practice; and
(c) In a manner that is not dangerous to the health of the user or others who are in the proximity of the user.
(5) The affirmative defense created in subsection (4) of this section is not available to any person who has possessed or delivered the peyote while incarcerated in a correctional facility in this state.
(6)(a) Notwithstanding subsection (1) of this section, a person who unlawfully manufactures or delivers a controlled substance in Schedule IV and who thereby causes death to another person is guilty of a Class C felony.
(b) For purposes of this subsection, causation is established when the controlled substance plays a substantial role in the death of the other person. [Formerly 475.840; 2013 c.591 §3; 2015 c.1 §76; 2015 c.614 §124]
