Trespass
ORS 164.245 and ORS 164.255 — entering or staying unlawfully, and a dwelling makes it first degree
| Degree | What it takes | Class |
|---|---|---|
| DegreeSecond degree | What it takesEntering or remaining unlawfully in a motor vehicle, or in or upon premises | ClassClass C misdemeanor |
| DegreeFirst degree | What it takesEntering or remaining unlawfully in a dwelling, on railroad property, or on premises declared unfit for use; or reentering a store, after a merchant's notice of trespass, to steal | ClassClass A misdemeanor |
The owner of record of premises declared unfit is not trespassing by going in to inspect, decontaminate or remove items after telling law enforcement, if not charged with what made the premises unfit.
Sources for this section (2)
- ORS 164.245 — Criminal trespass in the second degree
- ORS 164.255 — Criminal trespass in the first degree
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Oregon attorney.