836-072-0020 Crimes Relevant to a Fitness Determination The following crimes are relevant to a fitness determination under OAR 836-072-0001 to 836-072-0045, to the extent not inconsistent with ORS 670.280: (1) Permanent review crimes. ORS 162.015, Bribe giving; ORS 162.025, Bribe receiving; ORS 162.065, Perjury; ORS 162.117, Public investment fraud; ORS 162.235, Obstructing governmental or judicial administration; ORS 162.265, Bribing a witness; ORS 162.275, Bribe receiving by a witness; ORS 162.285, Tampering with a witness; ORS 162.305, Tampering with public records;ORS 162.325, Hindering prosecution; ORS 162.355, Simulating legal process; ORS 162.365, Criminal impersonation; ORS 162.367, Criminal impersonation of peace officer; ORS 162.405, Official misconduct II; ORS 162.415, Official misconduct I; ORS 162.425, Misuse of confidential information; ORS 163.005, Criminal homicide; ORS 163.095, Aggravated murder; ORS 163.115, Murder; ORS 163.118, Manslaughter I; ORS 163.125, Manslaughter II; ORS 163.145, Criminally negligent homicide; ORS 163.160, Assault IV; ORS 163.165, Assault III; ORS 163.175, Assault II; ORS 163.185, Assault I; ORS 163.187, Strangulation; ORS 163.200, Criminal mistreatment II; ORS 163.205, Criminal mistreatment I; ORS 163.207, Female genital mutilation; ORS 163.208, Assault of Public Safety Officer; ORS 163.225, Kidnapping II; ORS 163.235, Kidnapping I; ORS 163.257, Custodial interference I; ORS 163.275, Coercion; ORS 163.355, Rape III; ORS 163.365, Rape II; ORS 163.375, Rape I; ORS 163.385, Sodomy III; ORS 163.395, Sodomy II; ORS 163.405, Sodomy I; ORS 163.408, Unlawful Sexual penetration II; ORS 163.411, Unlawful Sexual penetration I; ORS 163.425, Sexual abuse II; ORS 163.427, Sexual abuse I; ORS 163.452, Custodial sexual misconduct I; ORS 163.454, Custodial sexual misconduct II; ORS 163.465, Public indecency; ORS 163.479, Unlawful contact with child; ORS 163.515, Bigamy; ORS 163.525, Incest; ORS 163.535, Abandonment of a child; ORS 163.537, Buying or selling a person under 18 years of age; ORS 163.547, Child neglect I; ORS 163.670, Using child in display of sexually explicit conduct; ORS 163.684, Encouraging child sexual abuse I; ORS 163.686, Encouraging child sexual abuse II; ORS 163.687, Encouraging child sexual abuse III; ORS 163.688, Possession of materials depicting sexually explicit conduct of a child I; ORS 163.689, Possession of materials depicting sexually explicit conduct of a child II; ORS 163.732, Stalking; ORS 164.055, Theft I; ORS 164.057, Aggravated theft I; ORS 164.075, Theft by extortion; ORS 164.085, Theft by deception; ORS 164.095, Theft by receiving, if a felony; ORS 164.125, Theft of services; ORS 164.135, Unauthorized use of a vehicle; ORS 164.140, Criminal possession of rented or leased personal property, if a felony; ORS 164.162, Mail theft or receipt of stolen mail; ORS 164.170, Laundering a monetary instrument; ORS 164.172, Engaging in a financial transaction in property derived from unlawful activity; ORS 164.215, Burglary II; ORS 164.225, Burglary I; ORS 164.325, Arson I; ORS 164.377, Computer crime; ORS 164.395, Robbery III; ORS 164.405, Robbery II; ORS 164.415, Robbery I; ORS 165.007, Forgery II; ORS 165.013, Forgery I; ORS 165.017, Criminal possession of a forged instrument II; ORS 165.022, Criminal possession of a forged instrument I; ORS 165.032, Criminal possession of a forgery device; ORS 165.042, Fraudulently obtaining a signature; ORS 165.055, Fraudulent use of a credit card; ORS 165.065, Negotiating a bad check, if a felony; ORS 165.070, Possessing fraudulent communications device; ORS 165.074, Unlawful factoring of payment card transaction; ORS 165.080, Falsifying business records; ORS 165.085, Sports bribery; ORS 165.090, Sports bribe receiving; ORS 165.095, Misapplication of entrusted property; ORS 165.100, Issuing a false financial statement; ORS 165.577, Cellular counterfeiting III; ORS 165.579, Cellular counterfeiting II; ORS 165.581, Cellular counterfeiting I; ORS 165.692, Making false claim for health care payment, if a felony; ORS 165.800, Identity theft; ORS 165.810, Unlawful possession of a personal identification device; ORS 165.813, Unlawful possession of fictitious identification; ORS 166.155, Intimidation II; ORS 166.165, Intimidation I; ORS 166.270, Possession of weapons by certain felons; ORS 166.272, Unlawful possession of machine guns, certain short-barreled firearms and firearm silencers; ORS 166.350, Unlawful possession of armor piercing ammunition; ORS 166.370, Possession of firearm or dangerous weapon in public building or court facility; exceptions; discharging firearm at school; ORS 166.410, Manufacturing, importation or sale of firearms; ORS 166.429, Firearms used in felony; ORS 166.720, Racketeering activity unlawful; ORS 167.167, Cheating ORS 167.212, Tampering with drug records; ORS 181.599, Failure to report as sex offender; ORS 192.852/865, Prohibition on obtaining or disclosing of protected information; ORS 475.840, Prohibited acts generally (regarding drug crimes); ORS 475.904, Unlawful manufacture or delivery of controlled substance within 1000 feet of school; ORS 475.906, Penalties for distribution to minors; ORS 475.908, Causing another person to ingest a controlled substance; ORS 475.910, Application of controlled substance to the body of another person; ORS 475.914, Prohibited acts for registrants (with the State Board of Pharmacy; regarding felony crimes); ORS 475.916, Prohibited acts involving records and fraud; ORS 475.918, Falsifying drug test results; ORS 475.920, Providing drug test falsification equipment; ORS 475.967, Possession of precursor substance with intent to manufacture controlled substance; Any felony under the Oregon Labor Code (ORS Chapters 651-663), the Oregon Vehicle Code (ORS Chapter 801-826), or the Occupations and Professions Code (ORS Chapters 670-704); Any federal crime, US Military crime, or international crime; Any unclassified felony defined in Oregon Revised Statutes not listed elsewhere in this rule; Any other felony under the statutes of Oregon or any other jurisdiction not listed elsewhere in this rule that the authorized designee determines is relevant to performance of the applicant within the scope of the license for which issuance or renewal has been applied, subject to ORS 670.280; Any crime of attempt, solicitation or conspiracy to commit a crime listed in this section pursuant to ORS 161.405, 161.435, or 161.450; Any crime based on criminal liability for conduct of another pursuant to ORS 161.155, when the underlying crime is listed in this section; Any crime in any other jurisdiction that is the substantial equivalent of any of the Oregon crimes listed in this section as determined by the authorized designee; (2) Ten-year review crimes: ORS 133.076, Failure to appear on criminal citation; ORS 162.075, False swearing; ORS 162.085, Unsworn falsification; ORS 162.145, Escape III; ORS 162.175, Unauthorized departure; ORS 162.185, Supplying contraband; ORS 162.195, Failure to appear II; ORS 162.205, Failure to appear I; ORS 162.247, Interfering with a peace officer or parole & probation officer; ORS 162.295, Tampering with physical evidence; ORS 162.369, Possession of false law enforcement identification card; ORS 162.385, Giving false information to police officer for a citation or arrest warrant; ORS 163.245, Custodial interference II; ORS 163.415, Sexual abuse III; ORS 163.435, Contributing to the sexual delinquency of a minor; ORS 163.445, Sexual misconduct; ORS 163.467, Private indecency; ORS 163.476, Unlawfully being in a location where children congregate; ORS 163.545, Child neglect II; ORS 163.555, Criminal nonsupport; ORS 163.575, Endangering the welfare of a minor; ORS 163.693, Failure to report child pornography; ORS 163.700, Invasion of personal privacy; ORS 163.750, Violating court's stalking protective order; ORS 164.043, Theft III; ORS 164.045, Theft II; ORS 164.095, Theft by receiving, if a misdemeanor; ORS 164.140, Criminal possession of rented or leased personal property, if a misdemeanor; ORS 164.235, Possession of burglar's tools or theft device; ORS 164.255, Criminal trespass I; ORS 164.265, Criminal trespass while in possession of firearm; ORS 164.272, Unlawful entry into motor vehicle; ORS 164.315, Arson II; ORS 164.335, Reckless burning; ORS 164.354, Criminal Mischief II; ORS 164.365, Criminal Mischief I; ORS 165.037, Criminal simulation; ORS 165.065, Negotiating a bad check, if a misdemeanor; ORS 165.102, Obtaining execution of documents by deception; ORS 165.540, Obtaining contents of communication; ORS 165.543, Interception of communications; ORS 165.570, Improper use of emergency reporting system; ORS 165.572, Interference with making a report; ORS 165.577, Cellular counterfeiting III; ORS 165.579, Cellular counterfeiting II; ORS 165.692, Making false claim for health care payment, if a misdemeanor; ORS 166.065, Harassment; ORS 166.076, Abuse of a memorial to the dead; ORS 166.190, Pointing firearm at another; ORS 166.220, Unlawful use of weapon; ORS 166.240, Carrying of concealed weapon; ORS 166.250, Unlawful possession of firearms; ORS 166.382, Possession of destructive device prohibited; ORS 166.416, Providing false information in connection with a transfer of a firearm; ORS 167.065, Furnishing obscene materials to minors; ORS 167.070, Sending obscene materials to minors; ORS 167.075, Exhibiting an obscene performance to a minor; ORS 167.080, Displaying obscene materials to minors; ORS 167.090, Publicly displaying nudity or sex for advertising purposes; ORS 167.222, Frequenting a place where controlled substances are used; ORS 167.322, Aggravated animal abuse I; ORS 411.630, Unlawfully obtaining public assistance; ORS 411.640, Unlawfully receiving public assistance; ORS 411.675, Submitting wrongful claim or payment (e.g., public assistance); ORS 411.840, Unlawfully obtaining or disposing of food stamp benefits; Any Class A misdemeanor under the Oregon Labor Code (ORS Chapters 651-663), the Oregon Vehicle Code (ORS Chapter 801-826), or the Occupations and Professions Code (ORS Chapters 670-704); Any unclassified misdemeanor defined in Oregon’s or any other jurisdiction’s statutes and not listed elsewhere in this rule; Any other misdemeanor under the statutes of Oregon or any other jurisdiction and not listed elsewhere in this rule that the authorized designee determines is relevant to performance of the applicant within the scope of the license for which application is made, subject to ORS 670.280; Any crime of attempt, solicitation or conspiracy to commit a crime listed in this section pursuant to ORS 161.405, 161.435, or 161.450; Any crime based on criminal liability for conduct of another pursuant to ORS 161.155, when the underlying crime is listed in this section; Any crime in any other jurisdiction that is the substantial equivalent of any of the Oregon crimes listed in this section as determined by the authorized designee; (3) Five-year review crimes. ORS 162.365, Criminal impersonation; ORS 162.375, Initiating a false report; ORS 163.190, Menacing; ORS 163.195, Recklessly endangering another person; ORS 164.243, Criminal trespass II by a guest; ORS 164.245, Criminal trespass II; ORS 164.345, Criminal mischief III; ORS 166.180, Negligently wounding another; ORS 412.074, Unauthorized use and custody of records of temporary assistance for needy families program; ORS 412.099, Sharing assistance prohibited; ORS 416.990, False or fraudulent statements/information; ORS 830.053, Fraudulent report of theft of boat; ORS 830.475(1), Failure to perform the duties of an operator (boat); ORS 830.730, False information to peace officer or State Marine Board; Any crime of attempt, solicitation or conspiracy to commit a crime listed in this section pursuant to ORS 161.405, 161.435 or 161.450;Any crime based on criminal liability for conduct of another pursuant to ORS 161.155, when the underlying crime is listed in this section; Any crime in any other jurisdiction that is the substantial equivalent of any of the Oregon crimes listed in this section as determined by the authorized designee. (4) An authorized designee shall evaluate a crime on the basis of Oregon laws and, if applicable, federal laws or the laws of any other jurisdiction in which a criminal records check indicates an applicant may have committed a crime, as those laws are in effect at the time of the fitness determination. (5) An applicant may not be denied issuance or renewal of a license on the basis of the existence or contents of a juvenile record that has been expunged pursuant to ORS 419A.260 and 419A.262. Statutory/Other Authority: ORS 181.534, 705.135 & 731.244 Statutes/Other Implemented: ORS 181.534, 705.141, 744.001, 744.059 & 744.326 History: ID 19-2008, f. & cert. ef 12-10-08