164.138 Criminal possession of a rented or leased motor vehicle. (1) A person commits the offense of criminal possession of a rented or leased motor vehicle if:
(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 determi
Stored review status: 2025_edition_later_amendments_unresolved. A text match is a research starting point; applicability is not established.
Official chapter context and edition notices
Chapter 164 — Offenses Against Property
ORS sections in this chapter were amended or repealed by the Legislative Assembly during its 2026 regular session. See the table of ORS sections amended or repealed during the 2026 regular session: 2026 A&R Tables
New sections of law were enacted by the Legislative Assembly during its 2026 regular session and pertain to or are likely to be compiled in this ORS chapter. See sections in the following 2026 Oregon Laws chapters: 2026 Session Laws 0014 ; 2026 Session Laws 0053 ; 2026 Session Laws 0067
2025 EDITION
OFFENSES AGAINST PROPERTY
CRIMES AND PUNISHMENTS
DEFINITIONS
THEFT AND RELATED OFFENSES
MAIL-RELATED OFFENSES
MONEY LAUNDERING
BURGLARY AND CRIMINAL TRESPASS
ARSON, CRIMINAL MISCHIEF AND RELATED OFFENSES
GRAFFITI-RELATED OFFENSES
ROBBERY
LITTERING
UNLAWFUL TRANSPORT
MISCELLANEOUS
DEFINITIONS
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Stable record: oregon_criminal_law:legal_authorities:164.138 Source file: ors164.html Pages: Not recorded – Not recorded Passage SHA-256: 6ec4f8f79e760855ca8845d46d545b6b797b6425346308779ee4a19cba0f0f48 Retained source evidence SHA-256: 4f233e8c2845121d92478a7eeb1ecc446ff209639f33f26a4f75386ddc5638f3
Source location: ORS 164.138 (all printed versions and notes)
Stored source content
164.138 Criminal possession of a rented or leased motor vehicle. (1) A person commits the offense of criminal possession of a rented or leased motor vehicle if:
(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 §1]
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.
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Oregon criminal law — ORS Title 16 (2025 snapshot) · legal_authorities
161.067 Determining punishable offenses for violation of multiple statutory provisions, multiple victims or repeated violations. (1)(a) When the same conduct or criminal episode violates two or more statutory provisions and each provision requires proof of an element that the others do not, there are as many separately punishable offenses as there are separate statutory violations.
(b) Notwithstanding ORS 132.586, 163.160 and 163.190 and paragraph (a) of this subsection, a pleading, admission or finding that criminal conduct constitutes a crime involving domestic violence, as defined in ORS 135.230, is not an element for purposes of this section.
(2) When the same conduct or criminal episode, though violating only one statutory provision involves two or more victims, there are as many separately punishable offenses as there are victims. However, two or more persons owning joint interests in real or personal property shall be considered a single victim for purposes of determining the number of separately punishable offenses if the property is the subject of one of the following crimes:
(a) Theft as defined in ORS 164.015.
(b) Unauthorized use of a vehicle as defined in ORS 164.135.
(c) Criminal possession of rented or leased personal property as defined in ORS 164.140.
(d) Criminal possession of a rented or leased motor vehicle as defined in ORS 164.138.
(e) Burglary as defined in ORS 164.215 or 164.225.
(f) Criminal trespass as defined in ORS 164.243, 164.245, 164.255, 164.265 or 164.278.
(g) Arson and related offenses as defined in ORS 164.315, 164.325 or 164.335.
(h) Forgery and related offenses as defined in ORS 165.002 to 165.070.
(3) When the same conduct or criminal episode violates only one statutory provision and involves only one victim, but neverthe