Not all criminal charges are the result of a physical altercation or from the possession of contraband. Sometimes, criminal charges are the result of a person's interaction with the property of another. For example, there may be times when you are on property that you do not own. Sometime this can be intentional and, sometimes, this happens by mistake. Oregon residents might wonder: when do criminal trespassing charges apply?
According to ORS section 164.255, there are four situations in which a person could be charged with criminal trespass in the first degree in Oregon. This charge is a Class A misdemeanor. Under this section, if a person unlawfully enters or remains in a dwelling, that person commits a first degree criminal trespass. Additionally, a person could commit this misdemeanor if the person unlawfully enters or remains on the rights of way, tracks, bridges or yards of a railroad.
Additionally under section 164.255, a criminal trespass occurs if a person enters a property that has been deemed unfit for use. This section also applies if a person unlawfully remains on a property that has been declared unfit for use. Finally, a person may face criminal trespassing charges if a merchant has told that person that her or she cannot enter their property any longer. If the person reenters that property -- even during business hours -- with the intent to steal, then that person may also face criminal trespassing charges.
Whether it is a theft charge or a trespassing charge, crimes against property carry serious penalties. But, exceptions apply to the criminal trespassing statutes that could help people avoid penalties, including the possibility of jail time.
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