Arrest Reports and Laws

Israel Fonseca Arrested

Israel Fonseca was arrested on Sunday, April 18th 2021 and booked into Clackamas County Jail in Clackamas, Oregon.

Clackamas County Mugshots -  Israel                 Fonseca

The male arrested was listed as having a date of birth of 5/22/83 and was arrested for suspicion of the below crimes:

  1. ORS.164.365 - CRIM MISCHIEF I
  2. ORS.164.135 - UNAUTH USE OF VEHICLE
  3. ORS.164.365 - CRIM MISCHIEF I
  4. ORS.164.055-1 - THEFT I
  5. ORS.164.365 - CRIM MISCHIEF I
  6. ORS.164.135 - UNAUTH USE OF VEHICLE
  7. ORS.164.045-1 - THEFT II
  8. ORS.164.135 - UNAUTH USE OF VEHICLE
  9. ORS.164.055-1 - THEFT I
  10. ORS.164.354 - CRIM MISCHIEF II
  11. ORS.164.135 - ATTEMPTED UNAUTH USE OF VEHICLE
  12. ORS.164.045-1 - THEFT II
  13. ORS.164.135 - ATTEMPTED UNAUTH USE OF VEHICLE
  14. ORS.164.045-1 - THEFT II
  15. ORS.164.045-1 - THEFT II
  16. ORS.164.135 - UNAUTH USE OF VEHICLE
  17. ORS.164.045-1 - THEFT II
  18. ORS.164.045-1 - THEFT II
  19. ORS.164.365 - CRIM MISCHIEF I
  20. ORS.164.045-1 - THEFT II
  21. ORS.164.135 - UNAUTH USE OF VEHICLE
  22. ORS.164.055-1 - THEFT I
  23. ORS.164.135 - UNAUTH USE OF VEHICLE
  24. ORS.164.055-1 - THEFT I
  25. ORS.164.354 - CRIM MISCHIEF II
  26. ORS.164.365 - CRIM MISCHIEF I
  27. ORS.164.045-1 - THEFT II
  28. ORS.164.354 - CRIM MISCHIEF II
  29. ORS.164.135 - UNAUTH USE OF VEHICLE
  30. ORS.164.135 - UNAUTH USE OF VEHICLE
  31. ORS.164.057 - AGGRAVATED THEFT I
  32. ORS.166.270-2 - FELON IN POSSN OF FIREARM
  33. ORS.164.055-1 - ATTEMPTED THEFT I
  34. ORS.164.135 - UNAUTH USE OF VEHICLE
  35. ORS.164.055-1 - THEFT I
  36. ORS.164.055-1 - THEFT I
  37. ORS.164.055-1 - THEFT I
  38. ORS.164.045-1 - THEFT II
  39. ORS.164.055-1 - THEFT I
  40. ORS.164.055-1 - THEFT I
  41. ORS.164.055-1 - THEFT I
  42. ORS.164.135 - UNAUTH USE OF VEHICLE
  43. ORS.164.055-1 - THEFT I
  44. ORS.164.135 - ATTEMPTED UNAUTH USE OF VEHICLE
  45. ORS.164.135 - ATTEMPTED UNAUTH USE OF VEHICLE
  46. ORS.164.135 - UNAUTH USE OF VEHICLE
  47. ORS.164.055-1 - THEFT I
  48. ORS.164.135 - UNAUTH USE OF VEHICLE
  49. ORS.164.055-1 - THEFT I
  50. ORS.164.135 - UNAUTH USE OF VEHICLE
  51. ORS.164.055-1 - THEFT I
  52. ORS.164.045-1 - THEFT II
  53. ORS.164.045-1 - THEFT II
  54. ORS.164.135 - ATTEMPTED UNAUTH USE OF VEHICLE
  55. ORS.164.354 - CRIM MISCHIEF II
  56. ORS.164.055-1 - THEFT I
  57. ORS.164.135 - ATTEMPTED UNAUTH USE OF VEHICLE
  58. ORS.164.055-1 - THEFT I
  59. ORS.164.055-1 - THEFT I
  60. ORS.164.045-1 - THEFT II
  61. ORS.164.354 - CRIM MISCHIEF II
  62. ORS.164.045-1 - THEFT II
  63. ORS.164.045-1 - THEFT II
  64. ORS.164.135 - UNAUTH USE OF VEHICLE
  65. ORS.164.055-1 - THEFT I
  66. ORS.164.055-1 - THEFT I
  67. ORS.164.135 - UNAUTH USE OF VEHICLE
  68. ORS.164.055-1 - THEFT I
  69. ORS.164.135 - UNAUTH USE OF VEHICLE
  70. ORS.164.055-1 - THEFT I
  71. ORS.164.055-1 - THEFT I
  72. ORS.166.270-2 - FELON IN POSSN OF FIREARM
  73. ORS.164.055-1 - THEFT I
  74. ORS.164.055-1 - THEFT I
  75. ORS.164.057 - AGGRAVATED THEFT I
  76. ORS.164.055-1 - THEFT I
  77. ORS.164.055-1 - THEFT I
  78. ORS.164.365 - CRIM MISCHIEF I
  79. ORS.164.055-1 - THEFT I
  80. ORS.164.055-1 - THEFT I
  81. ORS.165.800 - IDENTITY THEFT
  82. ORS.164.055-1 - THEFT I
  83. ORS.164.045-1 - THEFT II
  84. ORS.164.055-1 - THEFT I
  85. ORS.164.135 - UNAUTH USE OF VEHICLE
  86. ORS.164.365 - CRIM MISCHIEF I
  87. ORS.164.365 - CRIM MISCHIEF I
  88. ORS.164.365 - CRIM MISCHIEF I
  89. ORS.164.135 - UNAUTH USE OF VEHICLE
  90. ORS.164.055-1 - THEFT I
  91. ORS.164.354 - CRIM MISCHIEF II
  92. ORS.164.135 - UNAUTH USE OF VEHICLE
  93. ORS.164.055-1 - THEFT I
  94. ORS.164.045-1 - THEFT II
  95. ORS.164.055-1 - THEFT I
  96. ORS.164.045-1 - THEFT II
  97. ORS.164.055-1 - THEFT I
  98. ORS.166.270-2 - FELON IN POSSN OF FIREARM
  99. ORS.164.365 - CRIM MISCHIEF I
  100. ORS.164.135 - UNAUTH USE OF VEHICLE
  101. ORS.164.055-1 - THEFT I
  102. ORS.166.270-2 - FELON IN POSSN OF FIREARM
  103. ORS.164.135 - UNAUTH USE OF VEHICLE
  104. ORS.163.175 - ASSAULT II
  105. ORS.163.175 - ASSAULT II
  106. ORS.163.165 - ASSAULT III
  107. ORS.163.165 - ASSAULT III
  108. ORS.166.220 - UNLAW USE OF WEAPON
  109. ORS.166.220 - UNLAW USE OF WEAPON
  110. ORS.166.220 - UNLAW USE OF WEAPON
  111. ORS.166.220 - UNLAW USE OF WEAPON
  112. ORS.163.195 - RECKLESSLY ENDANGERING
  113. ORS.163.195 - RECKLESSLY ENDANGERING
  114. ORS.163.195 - RECKLESSLY ENDANGERING
  115. ORS.163.195 - RECKLESSLY ENDANGERING
  116. ORS.811.140 - RECKLESS DRIVING
  117. ORS.811.700 - FAILURE TO PERFORM DRIVER-PROP

  118. ORS.164.365 - CRIM MISCHIEF I
  119. ORS.165.800 - FAILURE TO APPEAR IDENTITY THEFT
  120. ORS.165.800 - FAILURE TO APPEAR IDENTITY THEFT
  121. ORS.165.800 - FAILURE TO APPEAR IDENTITY THEFT
  122. ORS.165.800 - FAILURE TO APPEAR IDENTITY THEFT
  123. ORS.165.800 - FAILURE TO APPEAR IDENTITY THEFT
  124. ORS.165.800 - FAILURE TO APPEAR IDENTITY THEFT
  125. ORS.165.800 - FAILURE TO APPEAR IDENTITY THEFT
  126. ORS.165.800 - FAILURE TO APPEAR IDENTITY THEFT
  127. ORS.165.800 - FAILURE TO APPEAR IDENTITY THEFT
  128. ORS.165.800 - FAILURE TO APPEAR IDENTITY THEFT
  129. ORS.165.800 - FAILURE TO APPEAR IDENTITY THEFT
  130. ORS.165.800 - FAILURE TO APPEAR IDENTITY THEFT
  131. ORS.164.354 - FAILURE TO APPEAR CRIM MISCHIEF II
  132. ORS.164.354 - FAILURE TO APPEAR CRIM MISCHIEF II
  133. ORS.164.354 - FAILURE TO APPEAR CRIM MISCHIEF II
  134. ORS.164.354 - FAILURE TO APPEAR CRIM MISCHIEF II
  135. ORS.164.354 - FAILURE TO APPEAR CRIM MISCHIEF II
  136. ORS.164.354 - FAILURE TO APPEAR CRIM MISCHIEF II
  137. ORS.164.135 - FAILURE TO APPEAR UNAUTH USE OF VEHICLE
  138. ORS.164.135 - FAILURE TO APPEAR UNAUTH USE OF VEHICLE
  139. ORS.164.135 - FAILURE TO APPEAR UNAUTH USE OF VEHICLE
  140. ORS.164.135 - FAILURE TO APPEAR UNAUTH USE OF VEHICLE
  141. ORS.164.135 - FAILURE TO APPEAR UNAUTH USE OF VEHICLE
  142. ORS.164.135 - FAILURE TO APPEAR UNAUTH USE OF VEHICLE
  143. ORS.164.135 - FAILURE TO APPEAR UNAUTH USE OF VEHICLE
  144. ORS.164.135 - FAILURE TO APPEAR UNAUTH USE OF VEHICLE
  145. ORS.164.135 - FAILURE TO APPEAR UNAUTH USE OF VEHICLE
  146. ORS.164.135 - FAILURE TO APPEAR UNAUTH USE OF VEHICLE
  147. ORS.164.135 - FAILURE TO APPEAR UNAUTH USE OF VEHICLE
  148. ORS.164.135 - FAILURE TO APPEAR UNAUTH USE OF VEHICLE
  149. ORS.164.055 - FAILURE TO APPEAR THEFT I
  150. ORS.164.055 - FAILURE TO APPEAR THEFT I
  151. ORS.164.055 - FAILURE TO APPEAR THEFT I
  152. ORS.164.055 - FAILURE TO APPEAR THEFT I
  153. ORS.164.055 - FAILURE TO APPEAR THEFT I
  154. ORS.164.055 - FAILURE TO APPEAR THEFT I
  155. ORS.164.055 - FAILURE TO APPEAR THEFT I
  156. ORS.164.055 - FAILURE TO APPEAR THEFT I
  157. ORS.164.055 - FAILURE TO APPEAR THEFT I
  158. ORS.164.055 - FAILURE TO APPEAR THEFT I
  159. ORS.164.055 - FAILURE TO APPEAR THEFT I
  160. ORS.164.055 - FAILURE TO APPEAR THEFT I
  161. ORS.165.800 - FAILURE TO APPEAR IDENTITY THEFT
  162. ORS.811.540-2 - FAILURE TO APPEAR ATTEMPT ELUDE POLICE OFFICER
  163. ORS.163.195 - FAILURE TO APPEAR RECKLESSLY ENDANGERING
  164. ORS.811.140 - FAILURE TO APPEAR RECKLESS DRIVING
  165. ORS.164.045 - FAILURE TO APPEAR THEFT II
  166. ORS.000.002 - HOLD

Bail has been set to 670000 for Fonseca which is listed as a 6.0 ft 0 in white male weighing approximately 185 lbs.

Israel Fonseca was arrested in Clackamas County Oregon and Israel Fonseca 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.

Israel Fonseca is presumed innocent until proven guilty.

Oregon Sentencing Guidelines


Disclaimer: Booking information comes directly from the County Sheriff’s Office and we provide no warranty or guarantee as to the quality of the information presented on this site. For the most accurate and up to date information please contact your local sheriff's office. We are unaffiliated with the Sheriff's office and make no guarantees as to the accuracy of this information. Information presented on this site should not be used to determine guilt, determine innocence, generate criminal history, or perform background checks.



Below are the Oregon laws which may relate to this arrest:


Criminal mischief in the first degree.
(1) A person commits the crime of criminal mischief in the first degree who, with intent to damage property, and having no right to do so nor reasonable ground to believe that the person has such right:(a) Damages or destroys property of another:
(A) In an amount exceeding $1,000;
(B) By means of an explosive;
(C) By starting a fire in an institution while the person is committed to and confined in the institution;
(D) Which is a livestock animal as defined in ORS 164.055;
(E) Which is the property of a public utility, telecommunications carrier, railroad, public transportation facility or medical facility used in direct service to the public; or
(F) By intentionally interfering with, obstructing or adulterating in any manner the service of a public utility, telecommunications carrier, railroad, public transportation facility or medical facility; or
(b) Intentionally uses, manipulates, arranges or rearranges the property of a public utility, telecommunications carrier, railroad, public transportation facility or medical facility used in direct service to the public so as to interfere with its efficiency.
(2) As used in subsection (1) of this section:
(a) Institution includes state and local correctional facilities, mental health facilities, juvenile detention facilities and state training schools.
(b) Medical facility means a health care facility as defined in ORS 442.015, a licensed physician’s office or anywhere a licensed medical practitioner provides health care services.
(c) Public utility has the meaning provided for that term in ORS 757.005 and includes any cooperative, people’s utility district or other municipal corporation providing an electric, gas, water or other utility service.
(d) Railroad has the meaning provided for that term in ORS 824.020.
(e) Public transportation facility means any property, structure or equipment used for or in connection with the transportation of persons for hire by rail, air or bus, including any railroad cars, buses or airplanes used to carry out such transportation.
(f) Telecommunications carrier has the meaning given that term in ORS 133.721.
(3) Criminal mischief in the first degree is a Class C felony. [1971 c.743 §147; 1973 c.133 §6; 1975 c.344 §1; 1979 c.805 §1; 1983 c.740 §33a; 1987 c.447 §104; 1987 c.907 §10; 1989 c.584 §2; 1991 c.837 §13; 1991 c.946 §2; 1993 c.94 §1; 1993 c.332 §3; 1999 c.1040 §11; 1999 c.1093 §2; 2003 c.543 §4; 2009 c.16 §6]
Unauthorized use of a vehicle.
(1) A person commits the crime of unauthorized use of a vehicle when:(a) The person takes, operates, exercises control over, rides in or otherwise uses another’s vehicle, boat or aircraft without consent of the owner;
(b) Having custody of a vehicle, boat or aircraft pursuant to an agreement between the person or another and the owner thereof whereby the person or another is to perform for compensation a specific service for the owner involving the maintenance, repair or use of such vehicle, boat or aircraft, the person intentionally uses or operates it, without consent of the owner, for the person’s own purpose in a manner constituting a gross deviation from the agreed purpose; or
(c) Having custody of a vehicle, boat or aircraft pursuant to an agreement with the owner thereof whereby such vehicle, boat or aircraft is to be returned to the owner at a specified time, the person knowingly retains or withholds possession thereof without consent of the owner for so lengthy a period beyond the specified time as to render such retention or possession a gross deviation from the agreement.
(2) Unauthorized use of a vehicle, boat or aircraft is a Class C felony.
(3) Subsection (1)(a) of this section does not apply to a person who rides in or otherwise uses a public transit vehicle, as defined in ORS 166.116, if the vehicle is being operated by an authorized operator within the scope of the operator’s employment. [1971 c.743 §134; 2001 c.851 §1; 2007 c.71 §50]
Theft in the first degree.
(1) A person commits the crime of theft in the first degree if, by means other than extortion, the person commits theft as defined in ORS 164.015 and:(a) The total value of the property in a single or aggregate transaction is $1,000 or more;
(b) The theft is committed during a riot, fire, explosion, catastrophe or other emergency in an area affected by the riot, fire, explosion, catastrophe or other emergency;
(c) The theft is theft by receiving committed by buying, selling, borrowing or lending on the security of the property;
(d) The subject of the theft is a firearm or explosive;
(e) The subject of the theft is a livestock animal, a companion animal or a wild animal removed from habitat or born of a wild animal removed from habitat, pursuant to ORS 497.308 (2)(c); or
(f) The subject of the theft is a precursor substance.
(2) As used in this section:
(a) Companion animal means a dog or cat possessed by a person, business or other entity for purposes of companionship, security, hunting, herding or providing assistance in relation to a physical disability.
(b) Explosive means a chemical compound, mixture or device that is commonly used or intended for the purpose of producing a chemical reaction resulting in a substantially instantaneous release of gas and heat, including but not limited to dynamite, blasting powder, nitroglycerin, blasting caps and nitrojelly, but excluding fireworks as defined in ORS 480.111, black powder, smokeless powder, small arms ammunition and small arms ammunition primers.
(c) Firearm has the meaning given that term in ORS 166.210.
(d) Livestock animal means a ratite, psittacine, horse, gelding, mare, filly, stallion, colt, mule, ass, jenny, bull, steer, cow, calf, goat, sheep, lamb, llama, pig or hog.
(e) Precursor substance has the meaning given that term in ORS 475.940.
(3) Theft in the first degree is a Class C felony. [1971 c.743 §125; 1973 c.405 §1; 1983 c.740 §32; 1987 c.907 §4; 1991 c.837 §9; 1993 c.252 §5; 1993 c.680 §20; 2005 c.706 §10; 2009 c.16 §3; 2009 c.610 §6; 2013 c.24 §11]
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]
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]
Unauthorized use of a vehicle.
(1) A person commits the crime of unauthorized use of a vehicle when:(a) The person takes, operates, exercises control over, rides in or otherwise uses another’s vehicle, boat or aircraft without consent of the owner;
(b) Having custody of a vehicle, boat or aircraft pursuant to an agreement between the person or another and the owner thereof whereby the person or another is to perform for compensation a specific service for the owner involving the maintenance, repair or use of such vehicle, boat or aircraft, the person intentionally uses or operates it, without consent of the owner, for the person’s own purpose in a manner constituting a gross deviation from the agreed purpose; or
(c) Having custody of a vehicle, boat or aircraft pursuant to an agreement with the owner thereof whereby such vehicle, boat or aircraft is to be returned to the owner at a specified time, the person knowingly retains or withholds possession thereof without consent of the owner for so lengthy a period beyond the specified time as to render such retention or possession a gross deviation from the agreement.
(2) Unauthorized use of a vehicle, boat or aircraft is a Class C felony.
(3) Subsection (1)(a) of this section does not apply to a person who rides in or otherwise uses a public transit vehicle, as defined in ORS 166.116, if the vehicle is being operated by an authorized operator within the scope of the operator’s employment. [1971 c.743 §134; 2001 c.851 §1; 2007 c.71 §50]
Aggravated theft in the first degree.
(1) A person commits the crime of aggravated theft in the first degree, if:(a) The person violates ORS 164.055 with respect to property, other than a motor vehicle used primarily for personal rather than commercial transportation; and
(b) The value of the property in a single or aggregate transaction is $10,000 or more.
(2) Aggravated theft in the first degree is a Class B felony. [1987 c.907 §5]
Possession of weapons by certain felons.
(1) Any person who has been convicted of a felony under the law of this state or any other state, or who has been convicted of a felony under the laws of the Government of the United States, who owns or has in the person’s possession or under the person’s custody or control any firearm commits the crime of felon in possession of a firearm.(2) Any person who has been convicted of a felony under the law of this state or any other state, or who has been convicted of a felony under the laws of the Government of the United States, who owns or has in the person’s possession or under the person’s custody or control any instrument or weapon having a blade that projects or swings into position by force of a spring or by centrifugal force or any blackjack, slungshot, sandclub, sandbag, sap glove, metal knuckles or an Electro-Muscular Disruption Technology device as defined in ORS 165.540, or who carries a dirk, dagger or stiletto, commits the crime of felon in possession of a restricted weapon.
(3) For the purposes of this section, a person has been convicted of a felony if, at the time of conviction for an offense, that offense was a felony under the law of the jurisdiction in which it was committed. Such conviction shall not be deemed a conviction of a felony if:
(a) The court declared the conviction to be a misdemeanor at the time of judgment; or
(b) The offense was possession of marijuana and the conviction was prior to January 1, 1972.
(4) Subsection (1) of this section does not apply to any person who has been:
(a) Convicted of only one felony under the law of this state or any other state, or who has been convicted of only one felony under the laws of the United States, which felony did not involve criminal homicide, as defined in ORS 163.005, or the possession or use of a firearm or a weapon having a blade that projects or swings into position by force of a spring or by centrifugal force, and who has been discharged from imprisonment, parole or probation for said offense for a period of 15 years prior to the date of alleged violation of subsection (1) of this section; or
(b) Granted relief from the disability under 18 U.S.C. 925(c) or ORS 166.274 or has had the person’s record expunged under the laws of this state or equivalent laws of another jurisdiction.
(5) Felon in possession of a firearm is a Class C felony. Felon in possession of a restricted weapon is a Class A misdemeanor. [Amended by 1975 c.702 §1; 1985 c.543 §4; 1985 c.709 §2; 1987 c.853 §1; 1989 c.839 §4; 1993 c.735 §2; 1995 c.518 §1; 1999 c.1040 §16; 2003 c.14 §64; 2009 c.189 §1; 2009 c.499 §3]
Theft in the first degree.
(1) A person commits the crime of theft in the first degree if, by means other than extortion, the person commits theft as defined in ORS 164.015 and:(a) The total value of the property in a single or aggregate transaction is $1,000 or more;
(b) The theft is committed during a riot, fire, explosion, catastrophe or other emergency in an area affected by the riot, fire, explosion, catastrophe or other emergency;
(c) The theft is theft by receiving committed by buying, selling, borrowing or lending on the security of the property;
(d) The subject of the theft is a firearm or explosive;
(e) The subject of the theft is a livestock animal, a companion animal or a wild animal removed from habitat or born of a wild animal removed from habitat, pursuant to ORS 497.308 (2)(c); or
(f) The subject of the theft is a precursor substance.
(2) As used in this section:
(a) Companion animal means a dog or cat possessed by a person, business or other entity for purposes of companionship, security, hunting, herding or providing assistance in relation to a physical disability.
(b) Explosive means a chemical compound, mixture or device that is commonly used or intended for the purpose of producing a chemical reaction resulting in a substantially instantaneous release of gas and heat, including but not limited to dynamite, blasting powder, nitroglycerin, blasting caps and nitrojelly, but excluding fireworks as defined in ORS 480.111, black powder, smokeless powder, small arms ammunition and small arms ammunition primers.
(c) Firearm has the meaning given that term in ORS 166.210.
(d) Livestock animal means a ratite, psittacine, horse, gelding, mare, filly, stallion, colt, mule, ass, jenny, bull, steer, cow, calf, goat, sheep, lamb, llama, pig or hog.
(e) Precursor substance has the meaning given that term in ORS 475.940.
(3) Theft in the first degree is a Class C felony. [1971 c.743 §125; 1973 c.405 §1; 1983 c.740 §32; 1987 c.907 §4; 1991 c.837 §9; 1993 c.252 §5; 1993 c.680 §20; 2005 c.706 §10; 2009 c.16 §3; 2009 c.610 §6; 2013 c.24 §11]
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]
Assault in the second degree.
(1) A person commits the crime of assault in the second degree if the person:(a) Intentionally or knowingly causes serious physical injury to another;
(b) Intentionally or knowingly causes physical injury to another by means of a deadly or dangerous weapon; or
(c) Recklessly causes serious physical injury to another by means of a deadly or dangerous weapon under circumstances manifesting extreme indifference to the value of human life.
(2) Assault in the second degree is a Class B felony. [1971 c.743 §93; 1975 c.626 §1; 1977 c.297 §2; 2005 c.22 §110]
Assault in the third degree.
(1) A person commits the crime of assault in the third degree if the person:(a) Recklessly causes serious physical injury to another by means of a deadly or dangerous weapon;
(b) Recklessly causes serious physical injury to another under circumstances manifesting extreme indifference to the value of human life;
(c) Recklessly causes physical injury to another by means of a deadly or dangerous weapon under circumstances manifesting extreme indifference to the value of human life;
(d) Intentionally, knowingly or recklessly causes, by means other than a motor vehicle, physical injury to the operator of a public transit vehicle while the operator is in control of or operating the vehicle. As used in this paragraph, public transit vehicle has the meaning given that term in ORS 166.116;
(e) While being aided by another person actually present, intentionally or knowingly causes physical injury to another;
(f) While committed to a youth correction facility, intentionally or knowingly causes physical injury to another knowing the other person is a staff member while the other person is acting in the course of official duty;
(g) Intentionally, knowingly or recklessly causes physical injury to an emergency medical services provider, as defined in ORS 682.025, while the emergency medical services provider is performing official duties;
(h) Being at least 18 years of age, intentionally or knowingly causes physical injury to a child 10 years of age or younger; or
(i) Intentionally, knowingly or recklessly causes, by means other than a motor vehicle, physical injury to the operator of a taxi while the operator is in control of the taxi.
(2)(a) Assault in the third degree is a Class C felony.
(b) Notwithstanding paragraph (a) of this subsection, assault in the third degree under subsection (1)(a) or (b) of this section is a Class B felony if:
(A) The assault resulted from the operation of a motor vehicle; and
(B) The defendant was the driver of the motor vehicle and was driving while under the influence of intoxicants.
(3) As used in this section:
(a) Staff member means:
(A) A corrections officer as defined in ORS 181A.355, a youth correction officer, a youth correction facility staff member, a Department of Corrections or Oregon Youth Authority staff member or a person employed pursuant to a contract with the department or youth authority to work with, or in the vicinity of, inmates, youth or youth offenders; and
(B) A volunteer authorized by the department, youth authority or other entity in charge of a corrections facility to work with, or in the vicinity of, inmates, youth or youth offenders.
(b) Youth correction facility has the meaning given that term in ORS 162.135. [1971 c.743 §92; 1977 c.297 §3; 1991 c.475 §1; 1991 c.564 §1; 1995 c.738 §1; 1997 c.249 §49; 1999 c.1011 §1; 2001 c.104 §50; 2001 c.830 §1; 2001 c.851 §4; 2009 c.660 §39; 2009 c.783 §3; 2011 c.529 §1; 2011 c.703 §27]
Unlawful use of weapon.
(1) A person commits the crime of unlawful use of a weapon if the person:(a) Attempts to use unlawfully against another, or carries or possesses with intent to use unlawfully against another, any dangerous or deadly weapon as defined in ORS 161.015; or
(b) Intentionally discharges a firearm, blowgun, bow and arrow, crossbow or explosive device within the city limits of any city or within residential areas within urban growth boundaries at or in the direction of any person, building, structure or vehicle within the range of the weapon without having legal authority for such discharge.
(2) This section does not apply to:
(a) Police officers or military personnel in the lawful performance of their official duties;
(b) Persons lawfully defending life or property as provided in ORS 161.219;
(c) Persons discharging firearms, blowguns, bows and arrows, crossbows or explosive devices upon public or private shooting ranges, shooting galleries or other areas designated and built for the purpose of target shooting;
(d) Persons lawfully engaged in hunting in compliance with rules and regulations adopted by the State Department of Fish and Wildlife; or
(e) An employee of the United States Department of Agriculture, acting within the scope of employment, discharging a firearm in the course of the lawful taking of wildlife.
(3) Unlawful use of a weapon is a Class C felony. [Amended by 1975 c.700 §1; 1985 c.543 §1; 1991 c.797 §1; 2009 c.556 §5]
Recklessly endangering another person.
(1) A person commits the crime of recklessly endangering another person if the person recklessly engages in conduct which creates a substantial risk of serious physical injury to another person.(2) Recklessly endangering another person is a Class A misdemeanor. [1971 c.743 §96]
Reckless driving; penalty.
(1) A person commits the offense of reckless driving if the person recklessly drives a vehicle upon a highway or other premises described in this section in a manner that endangers the safety of persons or property.(2) The use of the term recklessly in this section is as defined in ORS 161.085.
(3) The offense described in this section, reckless driving, is a Class A misdemeanor and is applicable upon any premises open to the public. [1983 c.338 §571]

SPECIAL SAFETY MEASURES
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 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]
Unauthorized use of a vehicle.
(1) A person commits the crime of unauthorized use of a vehicle when:(a) The person takes, operates, exercises control over, rides in or otherwise uses another’s vehicle, boat or aircraft without consent of the owner;
(b) Having custody of a vehicle, boat or aircraft pursuant to an agreement between the person or another and the owner thereof whereby the person or another is to perform for compensation a specific service for the owner involving the maintenance, repair or use of such vehicle, boat or aircraft, the person intentionally uses or operates it, without consent of the owner, for the person’s own purpose in a manner constituting a gross deviation from the agreed purpose; or
(c) Having custody of a vehicle, boat or aircraft pursuant to an agreement with the owner thereof whereby such vehicle, boat or aircraft is to be returned to the owner at a specified time, the person knowingly retains or withholds possession thereof without consent of the owner for so lengthy a period beyond the specified time as to render such retention or possession a gross deviation from the agreement.
(2) Unauthorized use of a vehicle, boat or aircraft is a Class C felony.
(3) Subsection (1)(a) of this section does not apply to a person who rides in or otherwise uses a public transit vehicle, as defined in ORS 166.116, if the vehicle is being operated by an authorized operator within the scope of the operator’s employment. [1971 c.743 §134; 2001 c.851 §1; 2007 c.71 §50]
Theft in the first degree.
(1) A person commits the crime of theft in the first degree if, by means other than extortion, the person commits theft as defined in ORS 164.015 and:(a) The total value of the property in a single or aggregate transaction is $1,000 or more;
(b) The theft is committed during a riot, fire, explosion, catastrophe or other emergency in an area affected by the riot, fire, explosion, catastrophe or other emergency;
(c) The theft is theft by receiving committed by buying, selling, borrowing or lending on the security of the property;
(d) The subject of the theft is a firearm or explosive;
(e) The subject of the theft is a livestock animal, a companion animal or a wild animal removed from habitat or born of a wild animal removed from habitat, pursuant to ORS 497.308 (2)(c); or
(f) The subject of the theft is a precursor substance.
(2) As used in this section:
(a) Companion animal means a dog or cat possessed by a person, business or other entity for purposes of companionship, security, hunting, herding or providing assistance in relation to a physical disability.
(b) Explosive means a chemical compound, mixture or device that is commonly used or intended for the purpose of producing a chemical reaction resulting in a substantially instantaneous release of gas and heat, including but not limited to dynamite, blasting powder, nitroglycerin, blasting caps and nitrojelly, but excluding fireworks as defined in ORS 480.111, black powder, smokeless powder, small arms ammunition and small arms ammunition primers.
(c) Firearm has the meaning given that term in ORS 166.210.
(d) Livestock animal means a ratite, psittacine, horse, gelding, mare, filly, stallion, colt, mule, ass, jenny, bull, steer, cow, calf, goat, sheep, lamb, llama, pig or hog.
(e) Precursor substance has the meaning given that term in ORS 475.940.
(3) Theft in the first degree is a Class C felony. [1971 c.743 §125; 1973 c.405 §1; 1983 c.740 §32; 1987 c.907 §4; 1991 c.837 §9; 1993 c.252 §5; 1993 c.680 §20; 2005 c.706 §10; 2009 c.16 §3; 2009 c.610 §6; 2013 c.24 §11]
Fleeing or attempting to elude police officer; penalty.
(1) A person commits the crime of fleeing or attempting to elude a police officer if:(a) The person is operating a motor vehicle; and
(b) A police officer who is in uniform and prominently displaying the police officer’s badge of office or operating a vehicle appropriately marked showing it to be an official police vehicle gives a visual or audible signal to bring the vehicle to a stop, including any signal by hand, voice, emergency light or siren, and either:
(A) The person, while still in the vehicle, knowingly flees or attempts to elude a pursuing police officer; or
(B) The person gets out of the vehicle and knowingly flees or attempts to elude the police officer.
(2) It is an affirmative defense to a prosecution of a person under this section that, after a police officer operating a vehicle not marked as an official police vehicle signaled the person to bring the person’s vehicle to a stop, the person proceeded lawfully to an area the person reasonably believed was necessary to reach before stopping.
(3) The offense described in this section, fleeing or attempting to elude a police officer, is applicable upon any premises open to the public and:
(a) Is a Class C felony if committed as described in subsection (1)(b)(A) of this section; or
(b) Is a Class A misdemeanor if committed as described in subsection (1)(b)(B) of this section. [1983 c.338 §664; 1991 c.655 §1; 1997 c.532 §1; 1997 c.860 §1]

PARKING, STOPPING AND STANDING

(Generally)
Recklessly endangering another person.
(1) A person commits the crime of recklessly endangering another person if the person recklessly engages in conduct which creates a substantial risk of serious physical injury to another person.(2) Recklessly endangering another person is a Class A misdemeanor. [1971 c.743 §96]
Reckless driving; penalty.
(1) A person commits the offense of reckless driving if the person recklessly drives a vehicle upon a highway or other premises described in this section in a manner that endangers the safety of persons or property.(2) The use of the term recklessly in this section is as defined in ORS 161.085.
(3) The offense described in this section, reckless driving, is a Class A misdemeanor and is applicable upon any premises open to the public. [1983 c.338 §571]

SPECIAL SAFETY MEASURES
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]