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]
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ORS sections in this chapter were amended or repealed by the Legislative Assembly during its 2026 regular session. See the table of ORS sections amended or repealed during the 2026 regular session: 2026 A&R Tables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:164.095 Source file: ors164.html Pages: Not recorded – Not recorded Passage SHA-256: 62011a82bb1bac61b61b57f29dbb25ec0212590ac31d5fb4abc7726419caeab1 Retained source evidence SHA-256: 4f233e8c2845121d92478a7eeb1ecc446ff209639f33f26a4f75386ddc5638f3
Source location: ORS 164.095 (all printed versions and notes)
Stored source content
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]
Cross-references
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Oregon criminal law — ORS Title 16 (2025 snapshot) · legal_authorities
165.116 Definitions for ORS 165.116 to 165.124. As used in ORS 165.116 to 165.124:
(1) “Commercial account” means an agreement or arrangement between a commercial seller and a scrap metal business for regularly or periodically selling, delivering, purchasing or receiving metal property.
(2) “Commercial metal property” means an item fabricated or containing parts made of metal or metal alloys that:
(a) Is used as, used in or used as part of:
(A) A utility access cover or a cover for a utility meter;
(B) A pole, fixture or component of a street light or traffic light;
(C) A sign or marker located, with the permission of a governmental entity, alongside a street, road or bridge for the purpose of directing or controlling traffic or providing information to motorists;
(D) A traffic safety device, including a guardrail for a highway, road or bridge;
(E) A vase, plaque, marker, tablet, plate or other sign or ornament affixed to or in proximity to a historic site, grave, statue, monument or similar property accessible to members of the public;
(F) An agricultural implement, including an irrigation wheel, sprinkler head or pipe;
(G) A forestry implement or structure, including silvicultural equipment, gates, culverts and servicing and maintenance parts or supplies; or
(H) A logging operation implement, including mechanical equipment, rigging equipment and servicing and maintenance parts or supplies;
(b) Bears the name of, or a serial or model number, logo or other device used by, a commercial seller to identify the commercial seller’s property including, but not limited to, implements or equipment used by railroads and utilities that provide telephone, commercial mobile radio, cable television, electricity, water, natural gas or similar services;
(c) Consists of ma
165.118 Metal property offenses. (1) A person commits the offense of unlawfully altering metal property if the person, with intent to deceive a scrap metal business as to the ownership or origin of an item of metal property, knowingly removes, alters, renders unreadable or invisible or obliterates a name, logo, model or serial number, personal identification number or other mark or method that a manufacturer uses to identify the metal property.
(2)(a) A person commits the offense of making a false statement on a metal property record if the person:
(A) Knowingly makes, causes or allows to be made a false entry or misstatement of material fact in a metal property record described in ORS 165.117; or
(B) Signs a declaration under ORS 165.117 knowing that the nonferrous metal property or private metal property that is the subject of a transaction is stolen.
(b) As used in this subsection, “material fact” means information required under ORS 165.117 (1)(a)(C) or (4)(b).
(3) A person commits the offense of unlawfully purchasing or receiving metal property if the person is a scrap metal business, is an agent or employee of a scrap metal business or engages in the business of purchasing or receiving metal property and the person does any of the following:
(a) Conducts a private metal property transaction or purchases or receives private metal property without holding a license required by state law or local ordinance to engage in all applicable business activity.
(b) Fails to create a metal property record under ORS 165.117 when purchasing or receiving private metal property or fails to properly maintain metal property records related to private metal property.
(c) Purchases or receives private metal property at any place other than a fixed place of business for either
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]