OREGON THEFT CRIMES GUIDE

OREGON AUTO THEFT LAWS



David N Lesh
Oregon Criminal Defense Attorney
Oregon Super Lawyer 2018 and 2019

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     ORS 164.135 Unauthorized use of a vehicle (UUV). 

 

         (1) A person commits the crime of unauthorized use of a vehicle when:

      (a) The person takes, operates, exercises control over, rides in or otherwise uses another’s vehicle, boat or aircraft without consent of the owner;

      (b) Having custody of a vehicle, boat or aircraft pursuant to an agreement between the person or another and the owner thereof whereby the person or another is to perform for compensation a specific service for the owner involving the maintenance, repair or use of such vehicle, boat or aircraft, the person intentionally uses or operates it, without consent of the owner, for the person’s own purpose in a manner constituting a gross deviation from the agreed purpose; or

      (c) Having custody of a vehicle, boat or aircraft pursuant to an agreement with the owner thereof whereby such vehicle, boat or aircraft is to be returned to the owner at a specified time, the person knowingly retains or withholds possession thereof without consent of the owner for so lengthy a period beyond the specified time as to render such retention or possession a gross deviation from the agreement.

      (2) Unauthorized use of a vehicle, boat or aircraft is a Class C felony.

      (3) Subsection (1)(a) of this section does not apply to a person who rides in or otherwise uses a public transit vehicle, as defined in ORS 166.116, if the vehicle is being operated by an authorized operator within the scope of the operator’s employment. [1971 c.743 §134; 2001 c.851 §1; 2007 c.71 §50]

 

     ORS 164.138 Criminal possession of a rented or leased motor vehicle. 

 

         (1) A person commits the offense of criminal possession of a rented or leased motor vehicle if:

      (a) After renting a motor vehicle from a commercial renter of motor vehicles under a written agreement that provides for the return of the motor vehicle to a particular place at a particular time, the person fails to return the motor vehicle as specified, is thereafter served in accordance with subsection (2) of this section with a written demand to return the motor vehicle and knowingly fails to return the motor vehicle within three calendar days from the date of the receipt or refusal of the demand; or

      (b) After leasing a motor vehicle from a commercial lessor of motor vehicles under a written agreement that provides for periodic lease payments, the person fails to pay the lessor a periodic payment when due for a period of 45 days, is thereafter served with a written demand to return the motor vehicle in accordance with subsection (2) of this section and knowingly fails to return the motor vehicle within three calendar days from the date of the receipt or refusal of the demand.

      (2)(a) Service of written demand under this section shall be accomplished by delivery through any commercial overnight service that can supply a delivery receipt. The demand shall be sent to the person who obtained the motor vehicle by rental or lease at the address stated in the rental or lease agreement and any other address of the person provided by the person to the renter or lessor. The person is responsible for providing correct current address information to the renter or lessor until the motor vehicle is returned.

      (b) The person shall be considered to have refused the written demand if the commercial delivery service determines that the demand is not deliverable to the person at the address or addresses provided by the person.

      (3) A bona fide contract dispute with the lessor or renter shall be an affirmative defense to a charge of criminal possession of a rented or leased motor vehicle.

      (4) Criminal possession of a rented or leased motor vehicle is a Class C felony. [2007 c.684 §1]

 

     ORS 819.300 Possession of a stolen vehicle; penalty (PSMV). 

 

         (1) A person commits the offense of possession of a stolen vehicle if the person possesses any vehicle which the person knows or has reason to believe has been stolen.

      (2) The offense described in this section, possession of a stolen vehicle, is a Class C felony. [1983 c.338 §297]

 

      ORS 819.310 Trafficking in stolen vehicles; penalty. 

 

         (1) A person commits the offense of trafficking in stolen vehicles if the person receives or transfers possession of a vehicle which the person knows or has reason to believe has been stolen with intent to obtain, transfer or sell title to the vehicle.

      (2) The offense described in this section, trafficking in stolen vehicles, is a Class C felony. [1983 c.338 §298; 1985 c.16 §121]

 

 

POSSIBLE SENTENCE
Probation Sometimes
Jail Yes or
Prison Sometimes




Is stealing a car a felony in Oregon?

Yes, both UUV and PSMV are Class C felonies.


"I defend and help people facing charges in the Portland metro area. 
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Twenty nine years as an Oregon attorney
Former Multnomah County prosecutor
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