ORS 164.115
Value of property


For the purposes of chapter 743, Oregon Laws 1971, the value of property shall be ascertained as follows:

(1)

Except as otherwise specified in this section, value means the market value of the property at the time and place of the crime, or if such cannot reasonably be ascertained, the cost of replacement of the property within a reasonable time after the crime.

(2)

Whether or not they have been issued or delivered, certain written instruments, not including those having a readily ascertainable market value, shall be evaluated as follows:

(a)

The value of an instrument constituting an evidence of debt, including, but not limited to, a check, draft or promissory note, shall be considered the amount due or collectible thereon or thereby.

(b)

The value of any other instrument which creates, releases, discharges or otherwise affects any valuable legal right, privilege or obligation shall be considered the greatest amount of economic loss which the owner might reasonably suffer because of the loss of the instrument.

(3)

The value of a gambling chip, token, imitation currency or similar device is its face value.

(4)

The value of the wildlife listed in ORS 496.705 (Damage suits for unlawful killing of wildlife) is the amount of damages as specified in ORS 496.705 (Damage suits for unlawful killing of wildlife).

(5)

When the value of property cannot reasonably be ascertained, it shall be presumed to be an amount less than $100 in a case of theft, and less than $500 in any other case.

(6)

The value of single theft transactions may be added together if the thefts were committed:

(a)

Against multiple victims by similar means within a 30-day period; or

(b)

Against the same victim, or two or more persons who are joint owners, within a 180-day period. [1971 c.743 §131; 1987 c.907 §6; 1993 c.680 §22; 1997 c.867 §18; 2011 c.363 §2; 2019 c.399 §5]
Note: See note under 164.005 (Definitions).

Source: Section 164.115 — Value of property, https://www.­oregonlegislature.­gov/bills_laws/ors/ors164.­html.

Notes of Decisions

Invoice price of goods shipped to defendant’s home and not paid for was sufficient to establish prima facie market value of the property, which could be rebutted by defendant. State v. Callaghan, 33 Or App 49, 576 P2d 14 (1978), Sup Ct review denied

Where property is stolen from wholesaler, price at which wholesaler offers to sell it ordinarily reflects its market value. State v. Callaghan, 33 Or App 49, 576 P2d 14 (1978), Sup Ct review denied

Evidence was insufficient to prove that damages in stripping bark from chittamwood trees exceeded $200 where only testimony as to damage came from property owner, his first statement was that it looked like “about $1,000 worth of damage” and he testified at trial that he could not put monetary value on the trees but sold the bark from damaged trees for $284. State v. Washburn, 53 Or App 258, 631 P2d 827 (1981), as modified by 54 Or App 64, 633 P2d 1321 (1981)

“Market value” presumes that both buyer and seller have accurate information. State v. Pierce, 153 Or App 569, 962 P2d 35 (1998), Sup Ct review denied

For property to have “market value,” there must be actual market in which property has value in trade as demonstrated by existence of both willing buyer and willing seller. State ex rel Juvenile Dept. v. Deford, 177 Or App 555, 34 P3d 673 (2001)

Tags and price code information showing price at which goods were offered for retail sale are direct evidence of market value, not out-of-court assertion of value. State v. Pulver, 194 Or App 423, 95 P3d 250 (2004), Sup Ct review denied

To prove value of stolen property through evidence of cost of replacement property, state must prove that stolen property and replacement property are of equal effectiveness or have same utility. State ex rel Juvenile Department v. H.S., 237 Or App 385, 239 P3d 999 (2010)

Evidence that marketplace for property exists but is unreliable is sufficient for trier of fact to conclude that market value of stolen items cannot reasonably be ascertained and that replacement value of stolen items may be used. State v. Mays, 294 Or App 229, 429 P3d 1061 (2018), Sup Ct review denied

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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