ORS 164.005¹

As used in chapter 743, Oregon Laws 1971, unless the context requires otherwise:

(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 as to acquire the major portion of the economic value or benefit of such property; or

(b) Dispose of the property of another for the benefit of oneself or a third person.

(2) “Deprive another of property” or “deprive” means to:

(a) Withhold property of another or cause property of another to be withheld from that person permanently or for so extended a period or under such circumstances that the major portion of its economic value or benefit is lost to that person; or

(b) Dispose of the property in such manner or under such circumstances as to render it unlikely that an owner will recover such property.

(3) “Obtain” includes, but is not limited to, the bringing about of a transfer or purported transfer of property or of a legal interest therein, whether to the obtainer or another.

(4) “Owner of property taken, obtained or withheld” or “owner” means any person who has a right to possession thereof superior to that of the taker, obtainer or withholder.

(5) “Property” means any article, substance or thing of value, including, but not limited to, money, tangible and intangible personal property, real property, choses-in-action, evidence of debt or of contract. [1971 c.743 §121]

Note: Legislative Counsel has substituted “chapter 743, Oregon Laws 1971,” for the words “this Act” in sections 121 and 131, chapter 743, Oregon Laws 1971, compiled as 164.005 (Definitions) and 164.115 (Value of property). Specific ORS references have not been substituted, pursuant to 173.160 (Powers and duties of Legislative Counsel in preparing editions for publication). These sections may be determined by referring to the 1971 Comparative Section Table located in Volume 22 of ORS.

Notes of Decisions

The defini­tion of prop­erty in this statute sweeps across all statutes that deal with crimes against prop­erty. State v. Whitley, 295 Or 455, 666 P2d 1340 (1983)

For goods covered by Uniform Commercial Code, seller continues to be “owner” of goods until buyer has paid for goods. State v. Alexander, 186 Or App 600, 64 P3d 1148 (2003)

Person takes prop­erty with intent to deprive owner of prop­erty “permanently” if per­son abandons or disposes of prop­erty under circumstances creating risk that owner will not recover prop­erty. State v. Christine, 193 Or App 800, 93 P3d 82 (2004), Sup Ct review denied

For purposes of merger under ORS 161.067 (Determining punishable offenses for violation of multiple statutory provisions, multiple victims or repeated violations), defendant who committed first-de­gree theft and total value of prop­erty was $1,000 or more and in same incident, one subject of theft was firearm, defendant committed single crime of first-de­gree theft rather than multiple crimes eligible for merger. State v. Slatton, 268 Or App 556, 343 P3d 253 (2015)

Law Review Cita­tions

51 OLR 432, 525-536 (1972); 10 WLJ 156 (1974)

Chapter 164

Law Review Cita­tions

51 OLR 427-637 (1972)

1 Legislative Counsel Committee, CHAPTER 164—Offenses Against Property, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors164.­html (2019) (last ac­cessed May 16, 2020).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2019, Chapter 164, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano164.­html (2019) (last ac­cessed May 16, 2020).
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent. Currency Information