§ 385.380. Trespassing upon the land or property of another.  


Latest version.
  • (a) Definitions. For purposes of this section:

    (1)

    Agent shall have the following meaning: a person authorized by another to act for him or her. The act of posting a no trespassing sign shall constitute authorization for a licensed peace officer to act as an agent for the lawful possessor of the land or property unless the lawful possessor affirmatively indicates otherwise on the face of the sign. "Agent" shall include, but not be limited to, a security officer hired to secure the land or property or a licensed peace officer.

    (2)

    Lawful possessor shall have the following meaning: a land owner, a property owner, or a tenant of the land or property.

    (3)

    Property shall have the following meaning: a building or other property, whether real or personal, private or public.

    (b)

    Prohibitions.

    (1)

    No person shall intentionally enter or remain upon or within the land or property of another and, without claim of right, refuse to depart therefrom on demand of a lawful possessor thereof or his or her agent. A demand to depart may be made orally, or in writing, by the lawful possessor or the possessor's agent. No person who has received an oral or written demand to depart pursuant to this subsection shall reenter a lawful possessor's land or property without the written permission of a lawful possessor or the agent providing said demand for a period of up to one (1) year from the date of the oral or written demand, as provided therein.

    (2)

    No person shall intentionally enter or remain upon or within the land or property of another without permission from a lawful possessor thereof or his or her agent when such land or property includes signs conspicuously posted at reasonable intervals which prohibit trespass or trespass during certain hours on the affected land or property.

    (3)

    No person shall enter or remain upon or within the locked or posted property of another, or condemned or boarded or abandoned property, without claim of right or consent of a lawful possessor or his or her agent. (79-Or-192, § 1, 9-28-79; 88-Or-164, 9-2-88; 91-Or-205, § 1, 10-25-91; 2005-Or-134, § 1, 12-2-05; 2006-Or-026, § 1, 3-31-06)