164.828 Ownership as affirmative defense under ORS 164.813 and 164.825. It is an affirmative defense to any charge under ORS 164.813 or 164.825 that the defendant is in fact the owner of the trees or special forest products cut or transported. [1981 c.645 §7; 1993 c.167 §2]
Note: 164.828 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.
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ORS sections in this chapter were amended or repealed by the Legislative Assembly during its 2026 regular session. See the table of ORS sections amended or repealed during the 2026 regular session: 2026 A&R Tables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
File SHA-256: 4f233e8c2845121d92478a7eeb1ecc446ff209639f33f26a4f75386ddc5638f3. The original may include catalog metadata, neighboring provisions, or embedded records outside this collection's scope. This page displays the selected Oregon section record with its printed versions and adjoining notes. Historical editions and unverified snapshots are not a statement of current law.
Authority boundary: official snapshot extraction not current law verified.
Stable record: oregon_criminal_law:legal_authorities:164.828 Source file: ors164.html Pages: Not recorded – Not recorded Passage SHA-256: 3f47b4be709cbe2ef6dddca730ae5b909ad2d95aa8142584ea59988768f7e8f3 Retained source evidence SHA-256: 4f233e8c2845121d92478a7eeb1ecc446ff209639f33f26a4f75386ddc5638f3
Source location: ORS 164.828 (all printed versions and notes)
Stored source content
164.828 Ownership as affirmative defense under ORS 164.813 and 164.825. It is an affirmative defense to any charge under ORS 164.813 or 164.825 that the defendant is in fact the owner of the trees or special forest products cut or transported. [1981 c.645 §7; 1993 c.167 §2]
Note: 164.828 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.
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Oregon criminal law — ORS Title 16 (2025 snapshot) · legal_authorities
164.813 Unlawful cutting and transport of special forest products. (1) As used in this section:
(a) “Harvest” means to separate by cutting, digging, prying, picking, peeling, breaking, pulling, splitting or otherwise removing a special forest product from:
(A) Its physical connection or point of contact with the ground or vegetation upon which it was growing; or
(B) The place or position where it lay.
(b) “Special forest products” means:
(A) Plants, plant parts, fruit, fungi, parts of fungi, rocks or minerals that are identified in State Board of Forestry rules as special forest products;
(B) Firewood;
(C) Trees or parts of trees of a species identified in board rules as a forest tree species not normally used in commercial forest harvests; and
(D) Other items identified by the board by rule as special forest products.
(c) “Special forest products” does not mean mill ends, driftwood and artificially fabricated fireplace logs.
(d) “Transportation” means the physical conveyance of special forest products away from a harvest or collection site and includes, but is not limited to, transportation in or on:
(A) A motor vehicle or trailer, both as defined for purposes of the Oregon Vehicle Code;
(B) A boat, barge, raft or other water vessel; or
(C) An airplane, helicopter, balloon or other aircraft.
(2) Subject to subsection (6) of this section, it is unlawful for any person other than the landowner to cut or split wood into special forest products or to harvest or remove special forest products from a place unless the person has in possession a written permit to do so from the owner of the land from which the wood is cut or the special forest products taken. The written permit required under this subsection must set forth:
(a) The date of the permit;
(b) The n