In oregon a man comes into a neighbors home and takes a computer neither man owns. is this burglary? this same

both men know each other but do not hang out or do stuff together. the"trespassor" also walks into others homes without asking... his excuse, the door was open. the homeowner was not open but his freinds were and did not know the guy taking the computor, they tried to stop him form coming in but he pushed his way in and overcame their objections apparently by the force of his personality. (no blows were exchanged although there may have been some brushing aside. ) the computor was given back when the owner came back and he was able to return it to the real owner , a customer. the trouble arises because the apartment ownere has failed to charge the trespassoe and the other neighbors (self included) are uncomfortable having this person around. do we have recourse to charge this individual with anything?

At the very least, by entering someone else's house, whether the door was unlocked or not, is breaking and entering. The person whose home was entered can calso have him charged with trespassing. As for theft, if nobody owns it, it is not theft. If he has posession of something that has been stolen, it is posession of stolen property.

Battery - Battery is defined as any unlawful and unconsenting "touching" of another individual. If this person pushes or brushes anyone aside attempting to gain entry to the property he can be tried for battery. Regardless of if the door is open or not, if a person enters private property by any means with the sole intent of removing items that do not belong to them, this is larceny, if the item is valued at over $200 this would be grand larceny in most areas, which constitutes a felony. Find a friendly cop and bring them up to speed on the situation, they will tell you what your options are.

Was the computer being repo'ed for lack of payment? You did say the homeowner was the real customer. As far as him entering, has he ever been in the home other then this incident/offense? How well are the two known to each other?

In my state harassment would be pushing or minor contact or verbal threaten.

1. Tell the owner to try and file a criminal trespass charge on the subject.

2. You and the others that he touched should be able to file a harassment charge for the pushing.

The police should have been called to sort the legal part out at that time. It has to be determine that a actual crime under the law has been committed to pro-seed with charges. There is no doubt that the subject should not have laid a hand on anybody so therefore you and the other should be able to charge him with at least harassment.

As far as burglary theft of property the police would have to interview the homeowner to see if them charges can be applied. Sometime it only take one word to determine if the situation is a criminal or civil matter.

Bottom line go to your local PD in the city where this took place and talk to an officer. He going to ask a lot of questions and would probable want to talk to the homeowner. Better yet take the homeowner with you.

This is Burglary and in most jurisdictions it is a serious burglary (1st Degree) because people were present in the home during the crime and force (pushing) was used.

Oregon specifically defines burglary as:

164.215 Burglary in the second degree. (1) Except as otherwise provided in ORS 164.255, a person commits the crime of burglary in the second degree if the person enters or remains unlawfully in a building with intent to commit a crime therein.

(2) Burglary in the second degree is a Class C felony. [1971 c.743 搂136; 1993 c.680 搂24]

164.225 Burglary in the first degree. (1) A person commits the crime of burglary in the first degree if the person violates ORS 164.215 and the building is a dwelling, or if in effecting entry or while in a building or in immediate flight therefrom the person:

(a) Is armed with a burglary tool or theft device as defined in ORS 164.235 or a deadly weapon;

(b) Causes or attempts to cause physical injury to any person; or

(c) Uses or threatens to use a dangerous weapon.

(2) Burglary in the first degree is a Class A felony. [1971 c.743 搂137; 2003 c.577 搂10]