Oregon law on unauthorized use of a vehicle (ORS 164.135) defines the offense as knowingly taking, operating, exercising control over, riding in, or otherwise using another person's vehicle, boat, or aircraft without the owner's consent. This statute covers "joy-riding" type offenses where there is no intent to steal or permanently deprive the owner of the vehicle but involves unauthorized use.
Key points of ORS 164.135 include:
- The crime occurs when a person knowingly takes or uses another's vehicle without consent.
- It is classified as a Class C felony.
- The statute explicitly prohibits any unauthorized use, including acts leading up to or following operation, such as entering the vehicle without permission.
- Riding in a vehicle without consent can also constitute unauthorized use, except for public transit vehicles operated by authorized personnel.
Application to minors:
While ORS 164.135 does not explicitly differentiate between adults and minors in the statute's language, minors can be charged under this law if they knowingly take or use a vehicle without consent. The key elements—knowledge and lack of consent—apply regardless of age.
However, because minors are subject to Oregon's juvenile justice system, the handling of unauthorized use cases involving minors typically involves juvenile court proceedings rather than adult criminal court. The juvenile system focuses more on rehabilitation than punishment.
In practice:
- A minor who takes or uses a vehicle without consent may face juvenile delinquency proceedings under ORS 164.135.
- The juvenile court may consider the minor's age, intent, and circumstances in determining consequences.
- If the minor is close to the age of majority or the offense is severe, the case might be transferred to adult court.
No specific statutory exemption or modification for minors is found in ORS 164.135 itself, but the juvenile justice framework governs how minors are processed for such offenses.
Summary:
| Aspect | Details |
|---|---|
| Statute | ORS 164.135 - Unauthorized use of vehicle |
| Definition | Taking, operating, or using another's vehicle without owner's consent |
| Classification | Class C felony |
| Intent | No need to intend theft; unauthorized use alone suffices |
| Application to minors | Minors can be charged but typically handled in juvenile court |
| Juvenile considerations | Focus on rehabilitation; possible transfer to adult court for serious cases |
This means that minors who take or use a vehicle without consent are subject to the same legal definition of unauthorized use but are processed differently due to their age under Oregon law.
🔴 Immediate Actions (Today or ASAP)
- Ensure the minor’s safety: If the minor is currently involved in a situation with an unauthorized vehicle, make sure they are safe and not in danger.
- Do not admit guilt or discuss details with police without a lawyer: If law enforcement contacts you or the minor, politely decline to answer questions until you have legal representation.
- Gather basic information: Write down what happened, including dates, times, locations, and any witnesses.
- Preserve evidence: Keep any related documents, messages, or photos that show the minor’s involvement or context.
🟡 Short-Term Steps (This Week)
- Consult a juvenile defense attorney: Contact a lawyer experienced in Oregon juvenile law to understand the minor’s rights and possible outcomes.
- Request juvenile court records: If the minor has already been charged, ask for copies of any court documents or notices.
- Prepare a written statement: With your lawyer’s help, prepare a clear and honest account of what happened, focusing on facts and context.
- Explore diversion or rehabilitation programs: Ask the attorney about programs that may reduce penalties or avoid formal charges.
🟢 Strategic Follow-Up (Next 2-4 Weeks or Longer)
- Attend all juvenile court hearings: Stay involved and follow your attorney’s guidance carefully.
- Complete any court-ordered programs: Such as community service, counseling, or educational courses focused on safe vehicle use.
- Maintain good behavior and records: Avoid further legal issues to improve the chance of favorable outcomes.
- Discuss sealing or expunging records: After the case, ask your lawyer about options to clear the minor’s record to avoid future consequences.
Your Legal Rights
- Right to legal counsel: Minors have the right to a lawyer during juvenile proceedings.
- Right to remain silent: You do not have to answer questions from police or prosecutors without a lawyer present.
- Right to a fair hearing: The juvenile court must consider the minor’s age, intent, and circumstances.
- Focus on rehabilitation: Oregon’s juvenile system aims to help minors learn from mistakes rather than punish harshly.
- Protection against self-incrimination: Anything the minor says can be used in court, so be cautious in communication.
Where to Get Help
- Oregon State Bar Lawyer Referral Service: Call 503-684-3763 or visit osbar.org/public/ris to find a juvenile defense attorney.
- Legal Aid Services of Oregon: Provides free or low-cost legal help. Visit lasoregon.org or call 1-800-520-5292.
- Oregon Department of Human Services - Juvenile Services: For information on juvenile justice programs: oregon.gov/dhs/children/juvenile-justice
- Local juvenile court clerk’s office: Can provide information about court dates and procedures.
- National Juvenile Defender Center: Resources on juvenile rights: njdc.info
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