Oregon Statutes 165.805 – Misrepresentation of age by a minor
(1) A person commits the crime of misrepresentation of age by a minor if:
Attorney's Note
Under the Oregon Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class C misdemeanor | up to 30 days | up to $1,250 |
Terms Used In Oregon Statutes 165.805
- Conviction: A judgement of guilt against a criminal defendant.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
(a) Being less than a certain, specified age, the person knowingly purports to be of any age other than the true age of the person with the intent of securing a right, benefit or privilege which by law is denied to persons under that certain, specified age; or
(b) Being unmarried, the person knowingly represents that the person is married with the intent of securing a right, benefit or privilege which by law is denied to unmarried persons.
(2) Misrepresentation of age by a minor is a Class C misdemeanor.
(3)(a) In addition to and not in lieu of any other penalty established by law, if a person, using a driver permit or license or other identification issued by the Department of Transportation of this state or its equivalent in another state, commits the crime of misrepresentation of age by a minor in order to purchase or consume alcoholic liquor or cannabis:
(A) The person may be required to perform community service; and
(B) The court may order that the person’s driving privileges and right to apply for driving privileges be suspended for a period not to exceed one year upon:
(i) The person’s second or subsequent conviction or adjudication for an offense described in this paragraph;
(ii) The person’s first conviction or adjudication if the person has previously entered into a formal accountability agreement under ORS § 419C.230 for an offense described in this paragraph; or
(iii) The person’s first conviction or adjudication if the offense involved the operation of a motor vehicle.
(b) If a court has issued an order suspending driving privileges under this section, the court, upon petition of the person, may withdraw the order at any time the court deems appropriate. The court notification to the department under this subsection may include a recommendation that the person be granted a hardship permit under ORS § 807.240 if the person is otherwise eligible for the permit.
(4) The prohibitions of this section do not apply to any person acting under the direction of the Oregon Liquor and Cannabis Commission or a regulatory specialist or under the direction of state or local law enforcement agencies for the purpose of investigating possible violations of laws prohibiting sales of alcoholic beverages or marijuana items, as defined in ORS § 475C.009, to persons who are under a certain, specified age.
(5) The prohibitions of this section do not apply to a person under the age of 21 years who is acting under the direction of a licensee for the purpose of investigating possible violations by employees of the licensee of laws prohibiting sales of alcoholic beverages or marijuana items, as defined in ORS § 475C.009, to persons who are under the age of 21 years. [1971 c.743 § 285; 1991 c.860 § 1; 1993 c.18 § 25; 2001 c.791 § 3; 2011 c.355 § 19; 2012 c.54 § 28; 2015 c.614 § 150; 2018 c.76 § 19; 2021 c.351 § 5]