Holly Fawn Fay was arrested on Monday, February 22nd 2021 and booked into Clackamas County Jail in Clackamas, Oregon.
The female arrested was listed as having a date of birth of 1/20/88 and was arrested for suspicion of the below crimes:
- ORS.165.800 - IDENTITY THEFT
- ORS.164.245 - CRIM TRESPASS II
- ORS.164.215 - BURGLARY II
- ORS.164.225 - BURGLARY I
- ORS.164.225 - BURGLARY I
- ORS.164.045 - THEFT II
- ORS.166.025 - DISORDERLY CONDUCT II
- ORS.164.245 - CRIM TRESPASS II
Bail has been set to 116500 for Fay which is listed as a 5.0 ft 2 in white female weighing approximately 110 lbs.
Holly Fawn Fay was arrested in Clackamas County Oregon and Holly Fawn Fay 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 near Clackamas County Oregon. For more regarding the Clackamas County Sheriffs department you can visit their website. They can also be contact them at their about us page.
Holly Fawn Fay is presumed innocent until proven guilty.
Oregon Sentencing Guidelines
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Below are the Oregon laws which may relate to this arrest:
Identity theft.
(1) A person commits the crime of identity theft if the person, with the intent to deceive or to defraud, obtains, possesses, transfers, creates, utters or converts to the person’s own use the personal identification of another person.(2) Identity theft is a Class C felony.
(3) It is an affirmative defense to violating subsection (1) of this section that the person charged with the offense:
(a) Was under 21 years of age at the time of committing the offense and the person used the personal identification of another person solely for the purpose of purchasing alcohol;
(b) Was under 18 years of age at the time of committing the offense and the person used the personal identification of another person solely for the purpose of purchasing tobacco products or inhalant delivery systems, as those terms are defined in ORS 431A.175; or
(c) Used the personal identification of another person solely for the purpose of misrepresenting the person’s age to gain access to a:
(A) Place the access to which is restricted based on age; or
(B) Benefit based on age.
(4) As used in this section:
(a) Another person means an individual, whether living or deceased, an imaginary person or a firm, association, organization, partnership, business trust, company, corporation, limited liability company, professional corporation or other private or public entity.
(b) Personal identification includes, but is not limited to, any written document or electronic data that does, or purports to, provide information concerning:
(A) A person’s name, address or telephone number;
(B) A person’s driving privileges;
(C) A person’s Social Security number or tax identification number;
(D) A person’s citizenship status or alien identification number;
(E) A person’s employment status, employer or place of employment;
(F) The identification number assigned to a person by a person’s employer;
(G) The maiden name of a person or a person’s mother;
(H) The identifying number of a person’s depository account at a financial institution or trust company, as those terms are defined in ORS 706.008, or a credit card account;
(I) A person’s signature or a copy of a person’s signature;
(J) A person’s electronic mail name, electronic mail signature, electronic mail address or electronic mail account;
(K) A person’s photograph;
(L) A person’s date of birth; and
(M) A person’s personal identification number. [1999 c.1022 §1; 2001 c.870 §3; 2007 c.583 §1; 2013 c.158 §34; 2015 c.158 §25]
Criminal trespass in the second degree.
(1) A person commits the crime of criminal trespass in the second degree if the person enters or remains unlawfully in a motor vehicle or in or upon premises.(2) Criminal trespass in the second degree is a Class C misdemeanor. [1971 c.743 §139; 1999 c.1040 §9]
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]
Burglary in the first degree.
(1) A person commits the crime of burglary in the first degree if the person violates ORS 164.215 and the building is a dwelling, or if in effecting entry or while in a building or in immediate flight therefrom the person:(a) Is armed with a burglary tool or theft device as defined in ORS 164.235 or a deadly weapon;
(b) Causes or attempts to cause physical injury to any person; or
(c) Uses or threatens to use a dangerous weapon.
(2) Burglary in the first degree is a Class A felony. [1971 c.743 §137; 2003 c.577 §10]
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]
Disorderly conduct in the second degree.
(1) A person commits the crime of disorderly conduct in the second degree if, with intent to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof, the person:(a) Engages in fighting or in violent, tumultuous or threatening behavior;
(b) Makes unreasonable noise;
(c) Disturbs any lawful assembly of persons without lawful authority;
(d) Obstructs vehicular or pedestrian traffic on a public way;
(e) Initiates or circulates a report, knowing it to be false, concerning an alleged or impending fire, explosion, crime, catastrophe or other emergency; or
(f) Creates a hazardous or physically offensive condition by any act which the person is not licensed or privileged to do.
(2)(a) Disorderly conduct in the second degree is a Class B misdemeanor.
(b) Notwithstanding paragraph (a) of this subsection, disorderly conduct in the second degree is a Class A misdemeanor if the crime is committed within 200 feet of the real property on which the person knows a funeral service is being conducted.
(3) As used in this section, funeral service means a burial or other memorial service for a deceased person. [1971 c.743 §220; 1983 c.546 §5; 2001 c.104 §55; 2005 c.631 §1; 2012 c.35 §1]
