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 extortion as provided in ORS 164.075 by compelling or inducing another person to deliver property;
(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; 2016 c.47 §7]
Stored review status: 2025_edition_later_amendments_unresolved. A text match is a research starting point; applicability is not established.
Official chapter context and edition notices
Chapter 164 — Offenses Against Property
ORS sections in this chapter were amended or repealed by the Legislative Assembly during its 2026 regular session. See the table of ORS sections amended or repealed during the 2026 regular session: 2026 A&R Tables
New sections of law were enacted by the Legislative Assembly during its 2026 regular session and pertain to or are likely to be compiled in this ORS chapter. See sections in the following 2026 Oregon Laws chapters: 2026 Session Laws 0014 ; 2026 Session Laws 0053 ; 2026 Session Laws 0067
2025 EDITION
OFFENSES AGAINST PROPERTY
CRIMES AND PUNISHMENTS
DEFINITIONS
THEFT AND RELATED OFFENSES
MAIL-RELATED OFFENSES
MONEY LAUNDERING
BURGLARY AND CRIMINAL TRESPASS
ARSON, CRIMINAL MISCHIEF AND RELATED OFFENSES
GRAFFITI-RELATED OFFENSES
ROBBERY
LITTERING
UNLAWFUL TRANSPORT
MISCELLANEOUS
DEFINITIONS
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Stable record: oregon_criminal_law:legal_authorities:164.015 Source file: ors164.html Pages: Not recorded – Not recorded Passage SHA-256: 4012ee566f25bbbc226acefbe71315fe9e9f2bca901220d387bda994aa62e15a Retained source evidence SHA-256: 4f233e8c2845121d92478a7eeb1ecc446ff209639f33f26a4f75386ddc5638f3
Source location: ORS 164.015 (all printed versions and notes)
Stored source content
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 extortion as provided in ORS 164.075 by compelling or inducing another person to deliver property;
(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; 2016 c.47 §7]
Cross-references
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Oregon criminal law — ORS Title 16 (2025 snapshot) · legal_authorities
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]
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:
(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 suspected immigration status, of the other person, or some other person known to the other person, to a law enforcement agency;
(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 falsely or provide false information or withhold testimony or information with respect to another’s legal claim or defense; or
(h) Unlawfully 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.
(2) Extortion is a Class B felony. [1971 c.743 §127; 1987 c.158 §27; 2007 c.71 §48; 2016 c.47 §2]
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 t
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)(e)(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; 2021 c.412 §8]
161.067 Determining punishable offenses for violation of multiple statutory provisions, multiple victims or repeated violations. (1)(a) When the same conduct or criminal episode violates two or more statutory provisions and each provision requires proof of an element that the others do not, there are as many separately punishable offenses as there are separate statutory violations.
(b) Notwithstanding ORS 132.586, 163.160 and 163.190 and paragraph (a) of this subsection, a pleading, admission or finding that criminal conduct constitutes a crime involving domestic violence, as defined in ORS 135.230, is not an element for purposes of this section.
(2) When the same conduct or criminal episode, though violating only one statutory provision involves two or more victims, there are as many separately punishable offenses as there are victims. However, two or more persons owning joint interests in real or personal property shall be considered a single victim for purposes of determining the number of separately punishable offenses if the property is the subject of one of the following crimes:
(a) Theft as defined in ORS 164.015.
(b) Unauthorized use of a vehicle as defined in ORS 164.135.
(c) Criminal possession of rented or leased personal property as defined in ORS 164.140.
(d) Criminal possession of a rented or leased motor vehicle as defined in ORS 164.138.
(e) Burglary as defined in ORS 164.215 or 164.225.
(f) Criminal trespass as defined in ORS 164.243, 164.245, 164.255, 164.265 or 164.278.
(g) Arson and related offenses as defined in ORS 164.315, 164.325 or 164.335.
(h) Forgery and related offenses as defined in ORS 165.002 to 165.070.
(3) When the same conduct or criminal episode violates only one statutory provision and involves only one victim, but neverthe
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.
(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 commission of the crime charged without designating the particular way or manner in which the theft was committed.
(3) Proof that the defendant engaged in conduct constituting theft as defined in ORS 164.015 is sufficient to support any indictment, information or complaint for theft other than one charging extortion. An accusation of extortion must be supported by proof establishing extortion. [1971 c.743 §122; 2016 c.47 §8]
164.043 Theft in the third degree. (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]
164.045 Theft in the second degree. (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]
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:
(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);
(f) The subject of the theft is a precursor substance; or
(g) During the commission of the theft, the person recklessly engages in conduct that creates a substantial risk of serious physical injury to another person.
(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 480.111, 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)
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 180-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; 2023 c.151 §5]
Note: 164.098 was added to and made a part of ORS chapter 164 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.