Theft of lost, mislaid property
Source:
Section 164.065 — Theft of lost, mislaid property, https://www.oregonlegislature.gov/bills_laws/ors/ors164.html
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Notes of Decisions
Although conviction under this section was improper under evidence that ring which defendant purchased was not lost or mislaid but had been stolen, such evidence was sufficient for remand for resentencing for crime of attempted theft. State v. Mack, 31 Or App 59, 569 P2d 624 (1977)
When read with ORS 98.005, 98.015 and 98.025, this section requires finder’s belief that property is lost be objectively reasonable. Finder of bag not visible from street and located no more than five feet from door to defendant’s residence could not have objectively reasonable belief bag was lost. State v. Vanburen, 262 Or App 715, 327 P3d 555 (2014)