(a) Intends to use the tool or device to commit or facilitate a forcible entry into premises or a theft by a physical taking; or
(b) Knows that another person intends to use the tool or device to commit or facilitate a forcible entry into premises or a theft by a physical taking.
(2) For purposes of this section, "burglary tool or theft device" means an acetylene torch, electric arc, burning bar, thermal lance, oxygen lance or other similar device capable of burning through steel, concrete or other solid material, or nitroglycerine, dynamite, gunpowder or any other explosive, tool, instrument or other article adapted or designed for committing or facilitating a forcible entry into premises or theft by a physical taking.
(3) Possession of a burglary tool or theft device is a Class A misdemeanor. [1971 c.743 §138; 1999 c.1040 §13; 2003 c.577 §9]
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.