(a) After renting a motor vehicle from a commercial renter of motor vehicles under a written agreement that provides for the return of the motor vehicle to a particular place at a particular time, the person fails to return the motor vehicle as specified, is thereafter served in accordance with subsection (2) of this section with a written demand to return the motor vehicle and knowingly fails to return the motor vehicle within three calendar days from the date of the receipt or refusal of the demand; or
(b) After leasing a motor vehicle from a commercial lessor of motor vehicles under a written agreement that provides for periodic lease payments, the person fails to pay the lessor a periodic payment when due for a period of 45 days, is thereafter served with a written demand to return the motor vehicle in accordance with subsection (2) of this section and knowingly fails to return the motor vehicle within three calendar days from the date of the receipt or refusal of the demand.
(2)(a) Service of written demand under this section shall be accomplished by delivery through any commercial overnight service that can supply a delivery receipt. The demand shall be sent to the person who obtained the motor vehicle by rental or lease at the address stated in the rental or lease agreement and any other address of the person provided by the person to the renter or lessor. The person is responsible for providing correct current address information to the renter or lessor until the motor vehicle is returned.
(b) The person shall be considered to have refused the written demand if the commercial delivery service determines that the demand is not deliverable to the person at the address or addresses provided by the person.
(3) A bona fide contract dispute with the lessor or renter shall be an affirmative defense to a charge of criminal possession of a rented or leased motor vehicle.
(4) Criminal possession of a rented or leased motor vehicle is a Class C felony. [2007 c.684 ยง1]
Note: 164.138 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 164 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
Structure 2021 Oregon Revised Statutes
Volume : 04 - Criminal Procedure, Crimes
Chapter 164 - Offenses Against Property
Section 164.005 - Definitions.
Section 164.015 - "Theft" described.
Section 164.025 - Consolidation of theft offenses; pleading and proof.
Section 164.043 - Theft in the third degree.
Section 164.045 - Theft in the second degree.
Section 164.055 - Theft in the first degree.
Section 164.057 - Aggravated theft in the first degree.
Section 164.063 - Disproportionate impact; rules.
Section 164.085 - Theft by deception.
Section 164.095 - Theft by receiving.
Section 164.098 - Organized retail theft.
Section 164.105 - Right of possession.
Section 164.115 - Value of property.
Section 164.125 - Theft of services.
Section 164.130 - Application of ORS 164.125 to telephone or telegraph services; jurisdiction.
Section 164.132 - Unlawful distribution of cable television equipment.
Section 164.135 - Unauthorized use of a vehicle.
Section 164.138 - Criminal possession of a rented or leased motor vehicle.
Section 164.140 - Criminal possession of rented or leased personal property.
Section 164.160 - Definitions.
Section 164.162 - Mail theft or receipt of stolen mail.
Section 164.164 - Defense in prosecution under ORS 164.162; applicability of ORS 164.162.
Section 164.170 - Laundering a monetary instrument.
Section 164.172 - Engaging in a financial transaction in property derived from unlawful activity.
Section 164.205 - Definitions for ORS 164.205 to 164.270.
Section 164.215 - Burglary in the second degree.
Section 164.225 - Burglary in the first degree.
Section 164.235 - Possession of a burglary tool or theft device.
Section 164.245 - Criminal trespass in the second degree.
Section 164.255 - Criminal trespass in the first degree.
Section 164.265 - Criminal trespass while in possession of a firearm.
Section 164.270 - Closure of premises to motor-propelled vehicles.
Section 164.272 - Unlawful entry into a motor vehicle.
Section 164.274 - Definitions for ORS 164.276 and 164.278.
Section 164.276 - Authority of sports official to expel persons from sports event.
Section 164.278 - Criminal trespass at a sports event.
Section 164.305 - Definitions for ORS 164.305 to 164.377.
Section 164.315 - Arson in the second degree.
Section 164.325 - Arson in the first degree.
Section 164.335 - Reckless burning.
Section 164.338 - Arson incident to the manufacture of a controlled substance in the second degree.
Section 164.342 - Arson incident to the manufacture of a controlled substance in the first degree.
Section 164.345 - Criminal mischief in the third degree.
Section 164.354 - Criminal mischief in the second degree.
Section 164.365 - Criminal mischief in the first degree.
Section 164.367 - Determining value of damage; aggregation.
Section 164.373 - Tampering with cable television equipment.
Section 164.377 - Computer crime.
Section 164.381 - Definitions.
Section 164.383 - Unlawfully applying graffiti.
Section 164.386 - Unlawfully possessing a graffiti implement.
Section 164.395 - Robbery in the third degree.
Section 164.405 - Robbery in the second degree.
Section 164.415 - Robbery in the first degree.
Section 164.785 - Placing offensive substances in waters, on highways or other property.
Section 164.805 - Offensive littering.
Section 164.813 - Unlawful cutting and transport of special forest products.
Section 164.814 - State Forester required to develop forms for special forest products.
Section 164.825 - Cutting and transport of coniferous trees without permit or bill of sale.
Section 164.828 - Ownership as affirmative defense under ORS 164.813 and 164.825.
Section 164.835 - Investigation to prevent violations of ORS 164.813 and 164.825.
Section 164.857 - Unlawfully transporting metal property.
Section 164.863 - Unlawful transport of meat animal carcasses.
Section 164.864 - Definitions for ORS 164.864 to 164.882.
Section 164.865 - Unlawful sound recording.
Section 164.866 - Civil action for injuries caused by criminal acts.
Section 164.867 - Applicability of ORS 164.868, 164.869 and 164.872.
Section 164.868 - Unlawful labeling of a sound recording.
Section 164.869 - Unlawful recording of a live performance.
Section 164.872 - Unlawful labeling of a videotape recording.
Section 164.873 - Exemptions from ORS 164.865, 164.868, 164.869, 164.872 and 164.875.
Section 164.875 - Unlawful videotape recording.
Section 164.882 - Unlawful operation of an audiovisual device.
Section 164.885 - Endangering aircraft.
Section 164.887 - Interference with agricultural operations.