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)
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ORS sections in this chapter were amended or repealed by the Legislative Assembly during its 2026 regular session. See the table of ORS sections amended or repealed during the 2026 regular session: 2026 A&R Tables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:164.055 Source file: ors164.html Pages: Not recorded – Not recorded Passage SHA-256: c99daa04ef3aca8ee40e832c6dba10a5e1afce9a94e43d216eaeddc870082ed1 Retained source evidence SHA-256: 4f233e8c2845121d92478a7eeb1ecc446ff209639f33f26a4f75386ddc5638f3
Source location: ORS 164.055 (all printed versions and notes)
Stored source content
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) “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; 2013 c.24 §11; 2023 c.151 §4]
Cross-references
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Oregon criminal law — ORS Title 16 (2025 snapshot) · legal_authorities
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]
166.210 Definitions. As used in ORS 166.250 to 166.270, 166.291 to 166.295 and 166.410 to 166.470:
(1) “Antique firearm” means:
(a) Any firearm, including any firearm with a matchlock, flintlock, percussion cap or similar type of ignition system, manufactured in or before 1898; and
(b) Any replica of any firearm described in paragraph (a) of this subsection if the replica:
(A) Is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition; or
(B) Uses rimfire or conventional centerfire fixed ammunition that is no longer manufactured in the United States and that is not readily available in the ordinary channels of commercial trade.
(2) “Corrections officer” has the meaning given that term in ORS 181A.355.
(3) “Firearm” means a weapon, by whatever name known, which is designed to expel a projectile by the action of powder.
(4) “Firearms silencer” means any device for silencing, muffling or diminishing the report of a firearm.
(5) “Frame” has the meaning given that term in 27 C.F.R. 478.12.
(6) “Handgun” means any pistol or revolver using a fixed cartridge containing a propellant charge, primer and projectile, and designed to be aimed or fired otherwise than from the shoulder.
(7) “Machine gun” means a weapon of any description by whatever name known, loaded or unloaded, which is designed or modified to allow two or more shots to be fired by a single pressure on the trigger device.
(8) “Major component” has the meaning given that term in 18 U.S.C. 922.
(9) “Minor” means a person under 18 years of age.
(10) “Offense” has the meaning given that term in ORS 161.505.
(11) “Parole and probation officer” has the meaning given that term in ORS 181A.355.
(12) “Peace officer” has the meaning given that term in ORS 133.005.
(13) “Receiv
161.625 Fines for felonies. (1) A sentence to pay a fine for a felony shall be a sentence to pay an amount, fixed by the court, not exceeding:
(a) $500,000 for murder or aggravated murder.
(b) $375,000 for a Class A felony.
(c) $250,000 for a Class B felony.
(d) $125,000 for a Class C felony.
(2) A sentence to pay a fine for an unclassified felony shall be a sentence to pay an amount, fixed by the court, as provided in the statute defining the crime.
(3)(a) If a person has gained money or property through the commission of a felony, then upon conviction thereof the court, in lieu of imposing the fine authorized for the crime under subsection (1) or (2) of this section, may sentence the defendant to pay an amount, fixed by the court, not exceeding double the amount of the defendant’s gain from the commission of the crime.
(b) The provisions of paragraph (a) of this subsection do not apply to the felony theft of a companion animal, as defined in ORS 164.055, or a captive wild animal.
(4) As used in this section, “gain” means the amount of money or the value of property derived from the commission of the felony, less the amount of money or the value of property returned to the victim of the crime or seized by or surrendered to lawful authority before the time sentence is imposed. “Value” shall be determined by the standards established in ORS 164.115.
(5) When the court imposes a fine for a felony the court shall make a finding as to the amount of the defendant’s gain from the crime. If the record does not contain sufficient evidence to support a finding the court may conduct a hearing upon the issue.
(6) Except as provided in ORS 161.655, this section does not apply to a corporation. [1971 c.743 §76; 1981 c.390 §1; 1991 c.837 §11; 1993 c.680 §36; 2003 c.615 §1;
163.107 Murder in the first degree; sentence of life imprisonment required; minimum term. (1) “Murder in the first degree” means murder in the second degree as defined in ORS 163.115 which is committed under, or accompanied by, any of the following circumstances:
(a) The defendant committed the murder pursuant to an agreement that the defendant receive money or other thing of value for committing the murder.
(b) The defendant solicited another to commit the murder and paid or agreed to pay the person money or other thing of value for committing the murder.
(c) The defendant committed murder after having been convicted previously in any jurisdiction of any homicide, the elements of which constitute the crime of aggravated murder as defined in ORS 163.095, murder in the first degree under this section, murder in the second degree as defined in ORS 163.115 or manslaughter in the first degree as defined in ORS 163.118.
(d) There was more than one murder victim in the same criminal episode as defined in ORS 131.505.
(e) The homicide occurred in the course of or as a result of intentional maiming or torture of the victim.
(f) The victim of the intentional homicide was a person under the age of 14 years.
(g) The victim was one of the following and the murder was related to the performance of the victim’s official duties in the justice system:
(A) A police officer as defined in ORS 181A.355;
(B) A correctional, parole and probation officer or other person charged with the duty of custody, control or supervision of convicted persons;
(C) A member of the Oregon State Police;
(D) A judicial officer as defined in ORS 1.210;
(E) A juror or witness in a criminal proceeding;
(F) An employee or officer of a court of justice;
(G) A member of the State Board of Parole and P
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]
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:
(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) The theft of the property creates a hazard to public health or safety or the environment.
(2) The Oregon Criminal Justice Commission shall adopt rules that establish disproportionate impact as an aggravating factor that a court may consider as a substantial and compelling reason to impose an upward departure from a presumptive sentence under the rules of the commission. [2009 c.811 §7]
Note: 164.063 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 164 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
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
164.365 Criminal mischief in the first degree. (1) A person commits the crime of criminal mischief in the first degree who, with intent to damage property, and having no right to do so nor reasonable ground to believe that the person has such right:
(a) Damages or destroys property of another:
(A) In an amount exceeding $1,000;
(B) By means of an explosive;
(C) By starting a fire in an institution while the person is committed to and confined in the institution;
(D) Which is a livestock animal as defined in ORS 164.055;
(E) Which is the property of a public utility, telecommunications carrier, railroad, public transportation facility or medical facility used in direct service to the public; or
(F) By intentionally interfering with, obstructing or adulterating in any manner the service of a public utility, telecommunications carrier, railroad, public transportation facility or medical facility; or
(b) Intentionally uses, manipulates, arranges or rearranges the property of a public utility, telecommunications carrier, railroad, public transportation facility or medical facility used in direct service to the public so as to interfere with its efficiency.
(2) As used in subsection (1) of this section:
(a) “Institution” includes state and local correctional facilities, mental health facilities, juvenile detention facilities and state training schools.
(b) “Medical facility” means a health care facility as defined in ORS 442.015, a licensed physician’s office or anywhere a licensed medical practitioner provides health care services.
(c) “Public utility” has the meaning provided for that term in ORS 757.005 and includes any cooperative, people’s utility district or other municipal corporation providing an electric, gas, water or other utility service.
(d) “Railroa
164.887 Interference with agricultural operations. (1) Except as provided in subsection (3) of this section, a person commits the offense of interference with agricultural operations if the person, while on the property of another person who is engaged in agricultural operations, intentionally or knowingly obstructs, impairs or hinders or attempts to obstruct, impair or hinder agricultural operations.
(2) Interference with agricultural operations is a Class A misdemeanor.
(3) The provisions of subsection (1) of this section do not apply to:
(a) A person who is involved in a labor dispute as defined in ORS 662.010 with the other person; or
(b) A public employee who is performing official duties.
(4) As used in this section:
(a)(A) “Agricultural operations” means the conduct of logging and forest management, mining, farming or ranching of livestock animals or domestic farm animals;
(B) “Domestic farm animal” means an animal used to control or protect livestock animals or used in other related agricultural activities; and
(C) “Livestock animals” has the meaning given that term in ORS 164.055.
(b) “Domestic farm animal” and “livestock animals” do not include stray animals. [1999 c.694 §1]
Note: 164.887 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 164 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
167.385 Unauthorized use of a livestock animal. (1) A person commits the crime of unauthorized use of a livestock animal when the person knowingly:
(a) Takes, appropriates, obtains or withholds a livestock animal from the owner thereof or derives benefit from a livestock animal without the consent of the owner of the animal; or
(b) Takes or holds a livestock animal and thereby obtains the use of the animal to breed, bear or raise offspring without the consent of the owner of the animal.
(2) Except as otherwise provided by law, offspring born to a female livestock animal or hatched from the egg of a female livestock animal belong to the owner of the female livestock animal until the owner transfers ownership of the offspring.
(3) As used in this section, “livestock animal” has the same meaning given that term in ORS 164.055.
(4) Unauthorized use of a livestock animal is a Class A misdemeanor.
(5) In addition to any criminal sanctions, if a defendant is convicted of the crime of unauthorized use of a livestock animal under this section, the court shall order the defendant to pay restitution to the owner of the animal. [1993 c.252 §1]