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:
(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 instilling in the victim a fear that the victim or another person would be charged with a crime, it is a defense that the defendant reasonably believed the threatened charge to be true and that the sole purpose of the defendant was to compel or induce the victim to take reasonable action to make good the wrong which was the subject of the threatened charge.
(3) In a prosecution for theft by receiving, it is a defense that the defendant received, retained, concealed or disposed of the property with the intent of restoring it to the owner.
(4) It is a defense that the property involved was that of the defendant’s spouse, unless the parties were not living together as spouses in a marriage and were living in separate abodes at the time of the alleged theft.
(5) In a prosecution for theft, it is a defense that:
(a) The defendant is an animal holding agency, as defined in ORS 609.425, or an employee, volunteer or other agent acting on behalf of an animal holding agency; and
(b) The defendant complied with the provisions of ORS 609.425. [1971 c.743 §132; 2001 c.104 §53; 2015 c.629 §31; 2016 c.47 §9; 2025 c.159 §1]
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ORS sections in this chapter were amended or repealed by the Legislative Assembly during its 2026 regular session. See the table of ORS sections amended or repealed during the 2026 regular session: 2026 A&R Tables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
File SHA-256: 4f233e8c2845121d92478a7eeb1ecc446ff209639f33f26a4f75386ddc5638f3. The original may include catalog metadata, neighboring provisions, or embedded records outside this collection's scope. This page displays the selected Oregon section record with its printed versions and adjoining notes. Historical editions and unverified snapshots are not a statement of current law.
Authority boundary: official snapshot extraction not current law verified.
Stable record: oregon_criminal_law:legal_authorities:164.035 Source file: ors164.html Pages: Not recorded – Not recorded Passage SHA-256: 3290f8e5617244b88294de1365bcd71d4649d54d030a6cf0143b8744b71542dd Retained source evidence SHA-256: 4f233e8c2845121d92478a7eeb1ecc446ff209639f33f26a4f75386ddc5638f3
Source location: ORS 164.035 (all printed versions and notes)
Stored source content
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:
(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 instilling in the victim a fear that the victim or another person would be charged with a crime, it is a defense that the defendant reasonably believed the threatened charge to be true and that the sole purpose of the defendant was to compel or induce the victim to take reasonable action to make good the wrong which was the subject of the threatened charge.
(3) In a prosecution for theft by receiving, it is a defense that the defendant received, retained, concealed or disposed of the property with the intent of restoring it to the owner.
(4) It is a defense that the property involved was that of the defendant’s spouse, unless the parties were not living together as spouses in a marriage and were living in separate abodes at the time of the alleged theft.
(5) In a prosecution for theft, it is a defense that:
(a) The defendant is an animal holding agency, as defined in ORS 609.425, or an employee, volunteer or other agent acting on behalf of an animal holding agency; and
(b) The defendant complied with the provisions of ORS 609.425. [1971 c.743 §132; 2001 c.104 §53; 2015 c.629 §31; 2016 c.47 §9; 2025 c.159 §1]
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
No explicit source connection was found. This does not mean there are no relevant authorities.