Chapter 164 — Chapter 164
181 sections in this chapter.
ORS 164.005 Definitions. As used in chapter 743, Oregon Laws 1971, unless the context requires otherwise
1.9K chars
(1) “Appropriate property of another to oneself or a third person” or “appropriate” means to: (a) Exercise control over property of another, or to aid a third person to exercise control over property of another, permanently or for so extended a period or under such circumstances …
ORS 164.010 [Amended by 1959 c.236 §1; repealed by 1971 c.743 §432]
0.0K chars
THEFT AND RELATED 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
0.5K chars
(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 extortion as provided in ORS 164.075 by compelling or inducing another person to deliver …
ORS 164.020 [Amended by 1959 c.236 §2; repealed by 1971 c.743 §432]
0.0K chars
[Repealed or reserved.]
ORS 164.025 Consolidation of theft offenses; pleading and proof. (1) Except for the crime of extortion, conduct denominated theft under ORS 164.015 constitutes a single offense
0.7K chars
(2) If it is an element of the crime charged that property was taken by extortion, an accusation of theft must so specify. In all other cases an accusation of theft is sufficient if it alleges that the defendant committed theft of property of the nature or value required for the …
ORS 164.030 [Amended by 1955 c.37 §1; 1959 c.236 §3; repealed by 1971 c.743 §432]
0.0K chars
[Repealed or reserved.]
ORS 164.035 Defenses. (1) In a prosecution for theft it is a defense that the defendant acted under an honest claim of right, in that
1.4K chars
(a) The defendant was unaware that the property was that of another; or (b) The defendant reasonably believed that the defendant was entitled to the property involved or had a right to acquire or dispose of it as the defendant did. (2) In a prosecution for extortion committed by …
ORS 164.040 [Amended by 1959 c.236 §4; repealed by 1971 c.743 §432]
0.0K chars
[Repealed or reserved.]
ORS 164.043 Theft in the third degree. (1) A person commits the crime of theft in the third degree if
0.3K chars
(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.…
ORS 164.045 Theft in the second degree. (1) A person commits the crime of theft in the second degree if
0.3K chars
(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; 198…
ORS 164.050 [Repealed by 1965 c.253 §153]
0.0K chars
[Repealed or reserved.]
ORS 164.055 Theft in the first degree. (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
2.1K chars
(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…
ORS 164.057 Aggravated theft in the first degree. (1) A person commits the crime of aggravated theft in the first degree, if
0.3K chars
(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…
ORS 164.060 [Repealed by 1965 c.253 §153]
0.0K chars
[Repealed or reserved.]
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
0.5K chars
(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] No…
ORS 164.063 Disproportionate impact; rules. (1) As used in this section, “disproportionate impact” means that, in a case of theft in the first degree under ORS 164.055 or aggravated theft in the first degree under ORS 164.057
0.9K chars
(a) The offender caused damage to property during the commission of the theft and the cost to restore the damaged property to the condition the property was in immediately before the theft is more than three times the value of the property that was the subject of the theft; or (b…
ORS 164.065 Theft of lost, mislaid property. A person who comes into control of property of another that the person knows or has good reason to know to have been lost, mislaid or delivered under a mistake as to the nature or amount of the property or the identity of the recipient, commits theft if, with intent to deprive the owner thereof, the person fails to take reasonable measures to restore the property to the owner. [1971 c.743 §126]
0.0K chars
[Repealed or reserved.]
ORS 164.070 [Amended by 1965 c.253 §131; repealed by 1971 c.743 §432]
0.0K chars
[Repealed or reserved.]
ORS 164.075 Extortion. (1) A person commits the crime of extortion when the person compels or induces another person to either deliver property or services to the person or to a third person, or refrain from reporting unlawful conduct to a law enforcement agency, by instilling in the other person a fear that, if the property or services are not so delivered or if the unlawful conduct is reported, the actor or a third person will in the future
1.2K chars
(a) Unlawfully cause physical injury to some person; (b) Unlawfully 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) Report the immigration status, or s…
ORS 164.080 [Repealed by 1971 c.743 §432]
0.0K chars
[Repealed or reserved.]
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
1.8K chars
(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 …
ORS 164.090 [Repealed by 1971 c.743 §432]
0.0K chars
[Repealed or reserved.]
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
0.5K chars
(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 (…
ORS 164.098 Organized retail theft. (1) A person commits the crime of organized retail theft if, acting in concert with another person
0.7K chars
(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 180-day period e…
ORS 164.100 [Repealed by 1971 c.743 §432]
0.0K chars
[Repealed or reserved.]
ORS 164.105 Right of possession. Right of possession of property is as follows
0.8K chars
(1) A person who has obtained possession of property by theft or other illegal means shall be deemed to have a right of possession superior to that of another person who takes, obtains or withholds the property from that person by means of theft. (2) A joint or common owner of pr…
ORS 164.110 [Repealed by 1971 c.743 §432]
0.0K chars
[Repealed or reserved.]
ORS 164.115 Value of property. For the purposes of chapter 743, Oregon Laws 1971, the value of property shall be ascertained as follows
1.8K chars
(1) Except as otherwise specified in this section, value means the market value of the property at the time and place of the crime, or if such cannot reasonably be ascertained, the cost of replacement of the property within a reasonable time after the crime. (2) Whether or not th…
ORS 164.125 Theft of services. (1) A person commits the crime of theft of services if
2.7K chars
(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 industr…
ORS 164.130 Application of ORS 164.125 to telephone or telegraph services; jurisdiction. (1) ORS 164.125 shall apply when the telephone or telegraph communication involved either originates or terminates, or both originates and terminates, in this state, or when the charges for service would have been billable, in normal course, by a person providing telephone or telegraph service in this state, but for the fact that the charge for service was avoided, or attempted to be avoided by one or more of the means set forth in ORS 164.125
0.4K chars
(2) Jurisdiction of an offense under ORS 164.125 is in the jurisdictional territory where the telephone or telegraph communication involved in the offense originates or where it terminates, or the jurisdictional territory to which the bill for the service is sent or would have be…
ORS 164.132 Unlawful distribution of cable television equipment. (1) A person commits the crime of unlawful distribution of cable television equipment if the person knowingly manufactures, imports into this state, distributes, sells, offers for sale, rental or use, possesses for sale, rental or use, or advertises for sale, rental or use, any device designed to make available the unauthorized reception of cable television signals
0.1K chars
(2) Unlawful distribution of cable television equipment is a Class B misdemeanor. [1985 c.537 §3]
ORS 164.135 Unauthorized use of a vehicle. (1) A person commits the crime of unauthorized use of a vehicle when
2.2K chars
(a)(A) The person knowingly takes, operates, exercises control over or otherwise uses another’s vehicle, boat or aircraft; (B) The person is aware of and consciously disregards a substantial and unjustifiable risk that the owner of the vehicle, boat or aircraft does not consent t…
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
2.2K chars
(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 …
ORS 164.140 Criminal possession of rented or leased personal property. (1) A person is guilty of criminal possession of rented or leased personal property if
1.9K chars
(a) After renting an item of personal property from a commercial renter of personal property under a written agreement which provides for the return of the item to a particular place at a particular time, the person fails to return the item as specified, is thereafter served by m…
ORS 164.160 Definitions. As used in this section and ORS 164.162
1.2K chars
(1) “Authorized depository” means a mailbox, post office box or rural box used by postal customers to deposit outgoing mail or used by the Postal Service to deliver incoming mail. (2) “Mail” means any letter, card, parcel or other material that: (a) Is sent or delivered by means …
ORS 164.162 Mail theft or receipt of stolen mail. (1) A person commits the crime of mail theft or receipt of stolen mail if the person intentionally
0.7K chars
(a) Takes or, by fraud or deception, obtains mail from a post office, postal station, mail receptacle, authorized depository or mail carrier; (b) Takes from mail any article contained therein; (c) Secretes, embezzles or destroys mail or any article contained therein; (d) Takes or…
ORS 164.164 Defense in prosecution under ORS 164.162; applicability of ORS 164.162. (1) In a prosecution under ORS 164.162, it is a defense that the defendant acted under an honest claim of right in that
1.1K chars
(a) The defendant was unaware that the property was that of another person; (b) The defendant reasonably believed that the defendant was entitled to the property involved or had a right to acquire or dispose of it as the defendant did; or (c) The property involved was that of the…
ORS 164.170 Laundering a monetary instrument. (1) A person commits the crime of laundering a monetary instrument if the person
4.7K chars
(a) Knowing that the property involved in a financial transaction represents the proceeds of some form, though not necessarily which form, of unlawful activity, conducts or attempts to conduct a financial transaction that involves the proceeds of unlawful activity: (A) With the i…
ORS 164.172 Engaging in a financial transaction in property derived from unlawful activity. (1) A person commits the crime of engaging in a financial transaction in property derived from unlawful activity if the person knowingly engages in or attempts to engage in a financial transaction in property that
1.1K chars
(a) Constitutes, or is derived from, the proceeds of unlawful activity; (b) Is of a value greater than $10,000; and (c) The person knows is derived from or represents the proceeds of some form, though not necessarily which form, of unlawful activity. (2)(a) Engaging in a financia…
ORS 164.174 Exceptions. Nothing in ORS 164.170 or 164.172 or the amendments to ORS 166.715 by section 4, chapter 878, Oregon Laws 1999, is intended to allow the prosecution of a corporation, business, partnership, limited liability company, limited liability partnership or any similar entity, or an employee or agent of such an entity, that makes a good faith effort to comply with federal and state laws governing the entity. [1999 c.878 §3]
0.1K chars
Note: See note under 164.170. BURGLARY AND CRIMINAL TRESPASS
ORS 164.205 Definitions for ORS 164.205 to 164.270. As used in ORS 164.205 to 164.270, except as the context requires otherwise
2.0K chars
(1) “Building,” in addition to its ordinary meaning, includes any booth, vehicle, boat, aircraft or other structure adapted for overnight accommodation of persons or for carrying on business therein. Where a building consists of separate units, including, but not limited to, sepa…
ORS 164.210 [Repealed by 1971 c.743 §432]
0.0K chars
[Repealed or reserved.]
ORS 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
0.1K chars
(2) Burglary in the second degree is a Class C felony. [1971 c.743 §136; 1993 c.680 §24]
ORS 164.220 [Repealed by 1971 c.743 §432]
0.0K chars
[Repealed or reserved.]
ORS 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
0.3K chars
(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 §13…
ORS 164.230 [Repealed by 1971 c.743 §432]
0.0K chars
[Repealed or reserved.]
ORS 164.235 Possession of a burglary tool or theft device. (1) A person commits the crime of possession of a burglary tool or theft device if the person possesses a burglary tool or theft device and the person
1.0K chars
(a) Intends to use the tool or device to commit or facilitate a forcible entry into premises or a theft by a physical taking; or (b) Knows that another person intends to use the tool or device to commit or facilitate a forcible entry into premises or a theft by a physical taking.…
ORS 164.240 [Amended by 1959 c.99 §1; repealed by 1971 c.743 §432]
0.0K chars
[Repealed or reserved.]
ORS 164.243 Criminal trespass in the second degree by a guest. A guest commits the crime of criminal trespass in the second degree if that guest intentionally remains unlawfully in a transient lodging after the departure date of the guest’s reservation without the approval of the hotelkeeper. “Guest” means a person who is registered at a hotel and is assigned to transient lodging, and includes any individual accompanying the person. [1979 c.856 §2]
0.0K chars
[Repealed or reserved.]
ORS 164.245 Criminal trespass in the second degree. (1) A person commits the crime of criminal trespass in the second degree if the person enters or remains unlawfully in a motor vehicle or in or upon premises
0.1K chars
(2) Criminal trespass in the second degree is a Class C misdemeanor. [1971 c.743 §139; 1999 c.1040 §9]