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|THE OREGON CRIMINAL LAW GUIDE|
|MAIN PAGE||OREGON SHOPLIFTING LAWYER||OREGON ROBBERY LAWS||OREGON THEFT CRIME GUIDE|
|"I defend people facing theft and shoplifting charges in Multnomah County, Washington County, and Clackamas County."|
THEFT AND SHOPLIFTING LAWS AND OFFENSES
ORS 164.015 “Theft” described. A person commits theft when, with intent to deprive another of property or to appropriate property to the person or to a third person, the person:
(1) Takes, appropriates, obtains or withholds such property from an owner thereof;
(2) Commits theft of property lost, mislaid or delivered by mistake as provided in ORS 164.065;
(3) Commits theft by extortion as provided in ORS 164.075;
(4) Commits theft by deception as provided in ORS 164.085; or
(5) Commits theft by receiving as provided in ORS 164.095. [1971 c.743 §123; 2007 c.71 §47]
ORS 164.043 Theft in the third degree. [Known as Theft III or Theft 3] (1) A person commits the crime of theft in the third degree if:
(a) By means other than extortion, the person commits theft as defined in ORS 164.015; and
(b) The total value of the property in a single or an aggregate transaction is less than $100.
(2) Theft in the third degree is a Class C misdemeanor. [1987 c.907 §2; 2009 c.11 §11; 2009 c.16 §1]
ORS 164.045 Theft in the second degree. [Known as Theft II or Theft 2] (1) A person commits the crime of theft in the second degree if:
(a) By means other than extortion, the person commits theft as defined in ORS 164.015; and
(b) The total value of the property in a single or aggregate transaction is $100 or more and less than $1,000.
(2) Theft in the second degree is a Class A misdemeanor. [1971 c.743 §124; 1987 c.907 §3; 1993 c.680 §19; 2009 c.11 §12; 2009 c.16 §2]
ORS 164.055 Theft in the first degree. [Known as Theft I or Theft 1] (1) A person commits the crime of theft in the first degree if, by means other than extortion, the person commits theft as defined in ORS 164.015 and:
(a) The total value of the property in a single or aggregate transaction is $1,000 or more;
(b) The theft is committed during a riot, fire, explosion, catastrophe or other emergency in an area affected by the riot, fire, explosion, catastrophe or other emergency;
(c) The theft is theft by receiving committed by buying, selling, borrowing or lending on the security of the property;
(d) The subject of the theft is a firearm or explosive;
(e) The subject of the theft is a livestock animal, a companion animal or a wild animal removed from habitat or born of a wild animal removed from habitat, pursuant to ORS 497.308 (2)(c); or
(f) The subject of the theft is a precursor substance.
(2) As used in this section:
(a) “Companion animal” means a dog or cat possessed by a person, business or other entity for purposes of companionship, security, hunting, herding or providing assistance in relation to a physical disability.
(b) “Explosive” means a chemical compound, mixture or device that is commonly used or intended for the purpose of producing a chemical reaction resulting in a substantially instantaneous release of gas and heat, including but not limited to dynamite, blasting powder, nitroglycerin, blasting caps and nitrojelly, but excluding fireworks as defined in ORS 480.110 (1), black powder, smokeless powder, small arms ammunition and small arms ammunition primers.
(c) “Firearm” has the meaning given that term in ORS 166.210.
(d) “Livestock animal” means a ratite, psittacine, horse, gelding, mare, filly, stallion, colt, mule, ass, jenny, bull, steer, cow, calf, goat, sheep, lamb, llama, pig or hog.
(e) “Precursor substance” has the meaning given that term in ORS 475.940.
(3) Theft in the first degree is a Class C felony. [1971 c.743 §125; 1973 c.405 §1; 1983 c.740 §32; 1987 c.907 §4; 1991 c.837 §9; 1993 c.252 §5; 1993 c.680 §20; 2005 c.706 §10; 2009 c.16 §3; 2009 c.610 §6]
ORS 164.057 Aggravated theft in the first degree. (1) A person commits the crime of aggravated theft in the first degree, if:
(a) The person violates ORS 164.055 with respect to property, other than a motor vehicle used primarily for personal rather than commercial transportation; and
(b) The value of the property in a single or aggregate transaction is $10,000 or more.
(2) Aggravated theft in the first degree is a Class B felony. [1987 c.907 §5]
ORS 164.061 Sentence for aggravated theft in the first degree when victim 65 years of age or older. When a person is convicted of aggravated theft in the first degree under ORS 164.057, the court shall sentence the person to a term of incarceration ranging from 16 months to 45 months, depending on the person’s criminal history, if:
(1) The victim of the theft was 65 years of age or older at the time of the commission of the offense; and
(2) The value of the property stolen from the victim described in subsection (1) of this section, in a single or aggregate transaction, is $10,000 or more. [2008 c.14 §4]
ORS 164.075 Theft by extortion. (1) A person commits theft by extortion when the person compels or induces another to deliver property to the person or to a third person by instilling in the other a fear that, if the property is not so delivered, the actor or a third person will in the future:
(a) Cause physical injury to some person;
(b) Cause damage to property;
(c) Engage in other conduct constituting a crime;
(d) Accuse some person of a crime or cause criminal charges to be instituted against the person;
(e) Expose a secret or publicize an asserted fact, whether true or false, tending to subject some person to hatred, contempt or ridicule;
(f) Cause or continue a strike, boycott or other collective action injurious to some person’s business, except that such conduct is not considered extortion when the property is demanded or received for the benefit of the group in whose interest the actor purports to act;
(g) Testify or provide information or withhold testimony or information with respect to another’s legal claim or defense;
(h) Use or abuse the position as a public servant by performing some act within or related to official duties, or by failing or refusing to perform an official duty, in such manner as to affect some person adversely; or
(i) Inflict any other harm that would not benefit the actor.
(2) Theft by extortion is a Class B felony. [1971 c.743 §127; 1987 c.158 §27; 2007 c.71 §48]
ORS 164.085 Theft by deception. (1) A person, who obtains property of another thereby, commits theft by deception when, with intent to defraud, the person:
(a) Creates or confirms another’s false impression of law, value, intention or other state of mind that the actor does not believe to be true;
(b) Fails to correct a false impression that the person previously created or confirmed;
(c) Prevents another from acquiring information pertinent to the disposition of the property involved;
(d) Sells or otherwise transfers or encumbers property, failing to disclose a lien, adverse claim or other legal impediment to the enjoyment of the property, whether such impediment is or is not valid, or is or is not a matter of official record; or
(e) Promises performance that the person does not intend to perform or knows will not be performed.
(2) “Deception” does not include falsity as to matters having no pecuniary significance, or representations unlikely to deceive ordinary persons in the group addressed. For purposes of this subsection, the theft of a companion animal, as defined in ORS 164.055, or a captive wild animal is a matter having pecuniary significance.
(3) In a prosecution for theft by deception, the defendant’s intention or belief that a promise would not be performed may not be established by or inferred from the fact alone that such promise was not performed.
(4) In a prosecution for theft by deception committed by means of a bad check, it is prima facie evidence of knowledge that the check or order would not be honored if:
(a) The drawer has no account with the drawee at the time the check or order is drawn or uttered; or
(b) Payment is refused by the drawee for lack of funds, upon presentation within 30 days after the date of utterance, and the drawer fails to make good within 10 days after receiving notice of refusal. [1971 c.743 §128; 1991 c.837 §10; 2007 c.71 §49]
ORS 164.095 Theft by receiving. (1) A person commits theft by receiving if the person receives, retains, conceals or disposes of property of another knowing or having good reason to know that the property was the subject of theft.
(2) It is a defense to a charge of violating subsection (1) of this section if:
(a) The person is a scrap metal business as defined in ORS 165.116 or an agent or employee of a scrap metal business;
(b) The person receives or retains metal property as defined in ORS 165.116; and
(c) The person makes a report in accordance with ORS 165.118 (3)(a).
(3) “Receiving” means acquiring possession, control or title, or lending on the security of the property. [1971 c.743 §129; 2009 c.811 §9]
ORS 164.098 Organized retail theft. (1) A person commits the crime of organized retail theft if, acting in concert with another person:
(a) The person violates ORS 164.015 or aids or abets the other person to violate ORS 164.015;
(b) The subject of the theft is merchandise and the merchandise is taken from a mercantile establishment; and
(c) The aggregate value of the merchandise taken within any 90-day period exceeds $5,000.
(2) As used in this section:
(a) “Merchandise” has the meaning given that term in ORS 30.870.
(b) “Mercantile establishment” has the meaning given that term in ORS 30.870.
(3) Organized retail theft is a Class B felony. [2007 c.498 §2]
ORS 164.125 Theft of services. (1) A person commits the crime of theft of services if:
(a) With intent to avoid payment therefor, the person obtains services that are available only for compensation, by force, threat, deception or other means to avoid payment for the services; or
(b) Having control over the disposition of labor or of business, commercial or industrial equipment or facilities of another, the person uses or diverts to the use of the person or a third person such labor, equipment or facilities with intent to derive for the person or the third person a commercial benefit to which the person or the third person is not entitled.
(2) As used in this section, “services” includes, but is not limited to, labor, professional services, toll facilities, transportation, communications service, entertainment, the supplying of food, lodging or other accommodations in hotels, restaurants or elsewhere, the supplying of equipment for use, and the supplying of commodities of a public utility nature such as gas, electricity, steam and water. “Communication service” includes, but is not limited to, use of telephone, computer and cable television systems.
(3) Absconding without payment or offer to pay for hotel, restaurant or other services for which compensation is customarily paid immediately upon the receiving of them is prima facie evidence that the services were obtained with intent to avoid payment therefor. Obtaining the use of any communication system the use of which is available only for compensation, including but not limited to telephone, computer and cable television systems, or obtaining the use of any services of a public utility nature, without payment or offer to pay for such use is prima facie evidence that the obtaining of the use of such system or the use of such services was gained with intent to avoid payment therefor.
(4) The value of single theft transactions may be added together if the thefts were committed:
(a) Against multiple victims by a similar means within a 30-day period; or
(b) Against the same victim, or two or more persons who are joint owners, within a 180-day period.
(5) Theft of services is:
(a) A Class C misdemeanor if the aggregate total value of services that are the subject of the theft is less than $100;
(b) A Class A misdemeanor if the aggregate total value of services that are the subject of the theft is $100 or more and less than $1,000;
(c) A Class C felony if the aggregate total value of services that are the subject of the theft is $1,000 or more; and
(d) A Class B felony if the aggregate total value of services that are
the subject of the theft is $10,000 or more. [1971 c.743 §133; 1973
c.133 §1; 1985 c.537 §1; 1987 c.907 §8; 1993 c.680 §21; 2009 c.16 §4]
David N Lesh
Oregon Theft Lawyer
No cost initial consultation
434 NW 19th Avenue
Portland, OR 97209
TIP: Many theft offenses are expungeable; however, aggravated theft is a Class B felony and not expungeable.
David Lesh Mini Biography
Oregon attorney since 1990;
Former Portland Police Bureau;
Sought after criminal defense attorney.