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CRIMINAL TRESPASS IN THE FIRST DEGREE
164.255 Criminal trespass in the first degree. (1) A person commits the crime of criminal trespass in the first degree if the person:
(a) Enters or remains unlawfully in a dwelling;
(b) Having been denied future entry to a building pursuant to a merchant’s notice of trespass, reenters the building during hours when the building is open to the public with the intent to commit theft therein;
(c) Enters or remains unlawfully upon railroad yards, tracks, bridges or rights of way; or
(d) Enters or remains unlawfully in or upon premises that have been determined to be not fit for use under ORS 453.855 to 453.912.
(2) Subsection (1)(d) of this section does not apply to the owner of record of the premises if:
(a) The owner notifies the law enforcement agency having jurisdiction over the premises that the owner intends to enter the premises;
(b) The owner enters or remains on the premises for the purpose of inspecting or decontaminating the premises or lawfully removing items from the premises; and
(c) The owner has not been arrested for, charged with or convicted of a criminal offense that contributed to the determination that the premises are not fit for use.
(3) Criminal trespass in the first degree is a Class A misdemeanor.
As used in ORS 164.205 to 164.270, except as the context requires otherwise:
(1) “Building,” in addition to its ordinary meaning, includes any booth, vehicle, boat, aircraft or other structure adapted for overnight accommodation of persons or for carrying on business therein. Where a building consists of separate units, including, but not limited to, separate apartments, offices or rented rooms, each unit is, in addition to being a part of such building, a separate building.
(2) “Dwelling” means a building which regularly or intermittently is occupied by a person lodging therein at night, whether or not a person is actually present.
(3) “Enter or remain unlawfully” means:
(a) To enter or remain in or upon premises when the premises, at the time of such entry or remaining, are not open to the public [or] and when the entrant is not otherwise licensed or privileged to do so;
(b) To fail to leave premises that are open to the public after being lawfully directed to do so by the person in charge;
(c) To enter premises that are open to the public after being lawfully directed not to enter the premises; or
(d) To enter or remain in a motor vehicle when the entrant is not authorized to do so.