ORS 164.065¹
Theft of lost, mislaid property

A person who comes into control of property of another that the person knows or has good reason to know to have been lost, mislaid or delivered under a mistake as to the nature or amount of the property or the identity of the recipient, commits theft if, with intent to deprive the owner thereof, the person fails to take reasonable measures to restore the property to the owner. [1971 c.743 §126]

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 (Rights and duties of finder of money or goods), 98.015 (Liability of noncomplying finder) and 98.025 (Rights of owner), 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)

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