The Oregon Trespassing Laws Guide: Fines and Punishments

This blog post delves into the nuances of Oregon's trespassing laws, offering clarity for anyone interested in understanding their legal rights and responsibilities. We'll go over the distinctions between first and second-degree trespassing and the potential consequences of unlawful entry. If you need a lawyer in Oregon for criminal trespassing, we can help. We’re based in Beaverton and serve the entire Portland area. Click the button below to request a free consultation or call us at 503-372-6244.

Oregon Trespassing Laws 

In Oregon, trespassing laws are primarily governed by ORS 164.245 and 164.255. Here's a summary of the key points: 

1. Criminal Trespassing in the Second Degree (ORS 164.245): A person commits this offense if they enter or remain unlawfully in or upon premises. This includes entering property with signs prohibiting entry, fences designed to exclude intruders, or after being asked to leave by the owner or lawful occupant. 

2. Criminal Trespassing in the First Degree (ORS 164.255): This is a more serious offense and occurs when a person enters or remains unlawfully in a dwelling or in certain other specified properties. This might include agricultural land or industrial facilities, under certain circumstances. 

3. Notice Against Trespassing: Property owners can provide notice against trespassing through signs, fencing, or personal 

communication. Once notice is given, entering or remaining on the property without permission constitutes trespassing. 

4. Trespassing with Intent: In some cases, trespassing charges may be elevated if the trespasser enters with the intent to commit a crime on the property. 

Oregon Nuisance Laws 

Oregon's nuisance laws are designed to address situations where the use of one's property causes inconvenience, damage, or annoyance to others. These laws aim to ensure that individuals can enjoy their property without undue interference from neighboring properties or activities. Nuisance can be categorized into two types: public and private. A public nuisance is an act that affects the community or a significant number of people, while a private nuisance affects one or a few individuals. Examples of nuisances include noise pollution, odors, light pollution, and property maintenance issues that impact neighboring properties. 

Legal remedies for nuisances in Oregon include seeking an injunction to stop the nuisance or seeking damages for any harm caused. In addition to state laws, local governments may have ordinances that address specific types of nuisances, such as noise ordinances or property maintenance codes. 

Trespassing With a Firearm 

Trespassing with a firearm in Oregon can lead to more serious legal consequences compared to simple trespassing. Here are some key points:

● Criminal Trespass While in Possession of a Firearm (ORS 164.265):

A person commits this offense if they enter or remain unlawfully in or upon premises while in possession of a firearm. This is considered a more serious offense than simple trespassing due to the potential threat posed by the presence of a firearm. 

● Hunting and Recreational Shooting:

Trespassing laws also apply to individuals who are hunting or engaging in recreational shooting. Entering private property without permission while hunting or shooting can lead to trespassing charges, and the presence of a firearm can escalate the seriousness of the offense. 

● Notice Against Trespassing:

As with general trespassing laws, property owners can provide notice against trespassing through signs, fencing, or verbal communication. If a person enters or remains on the property with a firearm after such notice has been given, they may be charged with trespassing while in possession of a firearm. 

● Legal Defenses:

There are legal defenses available for individuals charged with trespassing with a firearm, such as proving that they had the owner's permission to be on the property or that they were not in possession of a firearm at the time of the alleged trespassing.

Fines and Sentences 

Here's a general overview of the potential penalties: 

● Criminal Trespass in the Second Degree:

This is typically considered a Class C misdemeanor. If convicted, a person may face up to 30 days in jail and/or a fine of up to $1,250.

● Criminal Trespass in the First Degree:

This is a more serious offense, usually classified as a Class A misdemeanor. A conviction could result in up to 1 year in jail and/or a fine of up to $6,250. 

● Criminal Trespass While in Possession of a Firearm:

This offense is also generally a Class A misdemeanor. The penalties are similar to those for Criminal Trespass in the First Degree, with up to 1 year in jail and/or a fine of up to $6,250. 

It's important to remember that these are the maximum penalties, and actual sentences can vary based on factors such as the defendant's criminal history, the presence of aggravating or mitigating circumstances, and the discretion of the court. In some cases, alternative sentences such as probation, community service, or diversion programs may be available.

The Oregon Trespassing Laws Guide Conclusion 

Familiarizing yourself with the trespassing laws in Oregon is important for navigating legal boundaries and ensuring respect for private and public spaces. By understanding the various degrees of trespassing and their associated consequences, you can make informed decisions and avoid potential legal pitfalls. 

If you or a loved one are facing criminal charges in the Beaverton-Portland area, it's important to seek expert legal guidance. Turn to Shannon Powell with Powell Law for experienced and dedicated representation to help you navigate the complexities of the legal system.

*Nothing herein constitutes legal advice. You should obtain independent legal counsel regarding your specific factual situation.