ORS 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 (“Theft” described) 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 (Wildlife holding and habitat removal permits) (2)(c); or

(f)

The subject of the theft is a precursor substance.

(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 (Definitions for ORS 480.111 to 480.165), black powder, smokeless powder, small arms ammunition and small arms ammunition primers.

(c)

“Firearm” has the meaning given that term in ORS 166.210 (Definitions).

(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 (Precursor substances described).

(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]

Source: Section 164.055 — Theft in the first degree, https://www.­oregonlegislature.­gov/bills_laws/ors/ors164.­html.

Notes of Decisions

Buying or selling stolen property is an essential element of theft in the first degree under this section. State v. Dechand, 13 Or App 530, 511 P2d 430 (1973)

This section authorizes “aggregation” only if component acts are part of same “transaction” as that word has been previously defined by Oregon Supreme Court. State v. Barnes, 14 Or App 23, 511 P2d 1235 (1973); State v. Pena, 15 Or App 582, 516 P2d 761 (1973)

An indictment charging the defendant with the crime of theft which was framed in terms of this statute and ORS 164.015 adequately provided notice as required by due process. State v. Gray, 23 Or App 464, 543 P2d 316 (1975)

Since state may not reach back in time to criminal conduct occurring beyond statute of limitations to construct charge of first degree theft, conviction under this section was improper where evidence showed that only one payment of $50 was made to defendant after November 7, 1974 and less than $200 was obtained by defendant during three years prior to indictment. State v. Scott, 48 Or App 623, 617 P2d 681 (1980)

Evidence that defendant had access to firearms, was seen with them night of theft and sold one of them was sufficient for jury to find that essential elements of crime of this section had been proven beyond reasonable doubt. State v. Taylor, 54 Or App 428, 634 P2d 1381 (1981)

Revolver that could be made operable in three to four minutes at cost of $6 was “readily capable” of use as a weapon within meaning of this section. State v. Gortmaker, 60 Or App 723, 655 P2d 575 (1982), aff’d on other grounds, 295 Or 505, 668 P2d 354 (1983)

Where defendant was experienced district attorney and had himself prosecuted policeman for misappropriation of confiscated guns and where it was undisputed that firearm was property of Marion County and that destruction order did not authorize defendant to give gun to private individual, rational jury could infer that defendant intended to appropriate to third person property he knew was not his to give away. State v. Gortmaker, 60 Or App 723, 655 P2d 575 (1982), aff’d on other grounds, 295 Or 505, 668 P2d 354 (1983)

Theft by taking, ORS 164.015, did not merge for sentencing purposes with theft by receiving, committed by selling stolen item, because there were two criminal objectives and two separate victims. Smith v. State of Oregon, 78 Or App 485, 717 P2d 240 (1986)

Value of property sold is irrelevant when charge is selling stolen property. Gill v. Cupp, 78 Or App 505, 717 P2d 211 (1986)

Element of concealment in ORS 164.095 is incorporated in this section through ORS 164.015 (5) and ORS 164.095; concealment can be continuing act and, therefore, crime of theft by receiving can be continuing crime. State v. Knutson, 81 Or App 353, 725 P2d 407 (1986)

Where defendant appealed conviction for theft by receiving committed by selling, claiming fatal variance between indictment and proof because sale was not consummated, crime was nonetheless sufficiently described in indictment and defendant was not mislead nor prejudiced in preparation of his defense. State v. Swanson, 90 Or App 543, 753 P2d 431 (1988)

That firearm was “readily capable of use as weapon” may be established by evidence other than test firing of weapon. State v. Bennett, 79 Or App 267, 719 P2d 38 (1986), Sup Ct review denied; State v. Wise, 150 Or App 449, 946 P2d 363 (1997)

Culpable mental state required by definition of theft does not extend to other elements constituting offense of theft in first degree. State v. Jones, 223 Or App 611, 196 P3d 97 (2008), Sup Ct review denied

Crime of unlawful entry into motor vehicle is not lesser included offense of attempted theft in the first degree. State v. Medley, 239 Or App 25, 243 P3d 147 (2010)

Defendant’s conduct does not constitute selling when defendant takes goods from sales floor and fraudulently returns goods to store for cash. State v. Fonte, 363 Or 327, 422 P3d 202 (2018)

“Selling” excludes act of returning stolen property to its owner. State v. Meyer, 295 Or App 632, 435 P3d 829 (2019)

164.005
Definitions
164.015
“Theft” described
164.025
Consolidation of theft offenses
164.035
Defenses
164.043
Theft in the third degree
164.045
Theft in the second degree
164.055
Theft in the first degree
164.057
Aggravated theft in the first degree
164.061
Sentence for aggravated theft in the first degree when victim 65 years of age or older
164.063
Disproportionate impact
164.065
Theft of lost, mislaid property
164.075
Extortion
164.085
Theft by deception
164.095
Theft by receiving
164.098
Organized retail theft
164.105
Right of possession
164.115
Value of property
164.125
Theft of services
164.130
Application of ORS 164.125 to telephone or telegraph services
164.132
Unlawful distribution of cable television equipment
164.135
Unauthorized use of a vehicle
164.138
Criminal possession of a rented or leased motor vehicle
164.140
Criminal possession of rented or leased personal property
164.160
Definitions
164.162
Mail theft or receipt of stolen mail
164.164
Defense in prosecution under ORS 164.162
164.170
Laundering a monetary instrument
164.172
Engaging in a financial transaction in property derived from unlawful activity
164.174
Exceptions
164.205
Definitions for ORS 164.205 to 164.270
164.215
Burglary in the second degree
164.225
Burglary in the first degree
164.235
Possession of a burglary tool or theft device
164.243
Criminal trespass in the second degree by a guest
164.245
Criminal trespass in the second degree
164.255
Criminal trespass in the first degree
164.265
Criminal trespass while in possession of a firearm
164.270
Closure of premises to motor-propelled vehicles
164.272
Unlawful entry into a motor vehicle
164.274
Definitions for ORS 164.276 and 164.278
164.276
Authority of sports official to expel persons from sports event
164.278
Criminal trespass at a sports event
164.305
Definitions for ORS 164.305 to 164.377
164.315
Arson in the second degree
164.325
Arson in the first degree
164.335
Reckless burning
164.338
Arson incident to the manufacture of a controlled substance in the second degree
164.342
Arson incident to the manufacture of a controlled substance in the first degree
164.345
Criminal mischief in the third degree
164.354
Criminal mischief in the second degree
164.365
Criminal mischief in the first degree
164.367
Determining value of damage
164.373
Tampering with cable television equipment
164.377
Computer crime
164.381
Definitions
164.383
Unlawfully applying graffiti
164.386
Unlawfully possessing a graffiti implement
164.388
Preemption
164.395
Robbery in the third degree
164.405
Robbery in the second degree
164.415
Robbery in the first degree
164.775
Deposit of trash within 100 yards of waters or in waters
164.785
Placing offensive substances in waters, on highways or other property
164.805
Offensive littering
164.813
Unlawful cutting and transport of special forest products
164.814
State Forester required to develop forms for special forest products
164.825
Cutting and transport of coniferous trees without permit or bill of sale
164.828
Ownership as affirmative defense under ORS 164.813 and 164.825
164.835
Investigation to prevent violations of ORS 164.813 and 164.825
164.845
Arrest, summons for cutting or transport of trees or special forest products
164.855
Seizure of trees or special forest products cut or transported in violation of ORS 164.813 or 164.825
164.857
Unlawfully transporting metal property
164.863
Unlawful transport of meat animal carcasses
164.864
Definitions for ORS 164.864 to 164.882
164.865
Unlawful sound recording
164.866
Civil action for injuries caused by criminal acts
164.867
Applicability of ORS 164.868, 164.869 and 164.872
164.868
Unlawful labeling of a sound recording
164.869
Unlawful recording of a live performance
164.872
Unlawful labeling of a videotape recording
164.873
Exemptions from ORS 164.865, 164.868, 164.869, 164.872 and 164.875
164.875
Unlawful videotape recording
164.882
Unlawful operation of an audiovisual device
164.885
Endangering aircraft
164.886
Unlawful tree spiking
164.887
Interference with agricultural operations
164.889
Interference with agricultural research
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