ORS 164.395¹
Robbery in the third degree

(1) A person commits the crime of robbery in the third degree if in the course of committing or attempting to commit theft or unauthorized use of a vehicle as defined in ORS 164.135 (Unauthorized use of a vehicle) the person uses or threatens the immediate use of physical force upon another person with the intent of:

(a) Preventing or overcoming resistance to the taking of the property or to retention thereof immediately after the taking; or

(b) Compelling the owner of such property or another person to deliver the property or to engage in other conduct which might aid in the commission of the theft or unauthorized use of a vehicle.

(2) Robbery in the third degree is a Class C felony. [1971 c.743 §148; 2003 c.357 §1]

Notes of Decisions

Physical force employed by the defendant was sufficiently close in space and time to theft to be characterized as an at­tempt to prevent or overcome resistance to his reten­tion of stolen prop­erty immediately after taking. State v. Rios, 24 Or App 393, 545 P2d 609 (1976); State v. Tolson, 24 Or App 657, 546 P2d 1115 (1976)

Where defendant pointed pistol at and obtained money from each of four bank tellers in succession there occurred four separate robbery of­fenses and defendant was properly sen­tenced on each con­vic­­tion. State v. Dillman, 34 Or App 937, 580 P2d 567 (1978), Sup Ct review denied

Where defendant abandoned his at­tempt to commit theft prior to use of force against owner of prop­erty, acts did not come within defini­tion of robbery in this sec­tion. State v. Jackson, 40 Or App 759, 596 P2d 600 (1979)

Under evidence that defendant used threats and force to disarm police of­fi­cer and fled with of­fi­cer’s gun, intent to permanently deprive owner of pos­ses­sion of prop­erty could be inferred and sufficient evidence of theft ele­ment of this sec­tion was present. State v. Skaggs, 42 Or App 763, 601 P2d 862 (1979)

Evidence that defendant discharged fire extinguisher at security of­fi­cer, who was approximately nine feet from him, was sufficient to be submitted to jury on issue of use of physical force to prevent resistance to theft. State v. Clark, 47 Or App 557, 615 P2d 1044 (1980)

Where victim testified that defendant grabbed at her purse and told her to give it to him, evidence was sufficient to permit jury to find defendant used force with inten­tion of preventing or overcoming victim’s resistance and such force was sufficient to constitute robbery in third de­gree under this sec­tion. State v. Williams, 58 Or App 398, 648 P2d 1354 (1982)

Where record contained evidence from which ra­tional jury could infer that defendant threatened, expressly or impliedly, to use physical force against an­oth­er, trial court did not err in denying defendant’s mo­tion for acquittal. State v. Odoms, 117 Or App 1, 844 P2d 217 (1992), Sup Ct review denied

Threat is made implicitly where context of demand causes victim to reasonably infer that immediate physical force will be used if demand refused. State v. Hall, 327 Or 568, 966 P2d 208 (1998)

Whether per­son uses “physical force” depends on intent of per­son using force, not extent to which victim perceives use of force. State v. Johnson, 215 Or App 1, 168 P3d 312 (2007), Sup Ct review denied

To be victim of crime of robbery, per­son does not need to own prop­erty that is taken. State v. Williams, 229 Or App 79, 209 P3d 842 (2009), Sup Ct review denied; State v. Hamilton, 348 Or 371, 233 P3d 432 (2010)

When defendant fled from taxi cab without paying for taxi ride, defendant did not did not take “prop­erty” which is require­ment to commit of­fense of third-de­gree robbery under this sec­tion. State v. Bartlett, 270 Or App 37, 346 P3d 1240 (2015)

Law Review Cita­tions

87 OLR 783 (2008)

Notes of Decisions

Trial court properly admitted two handguns found in defendant’s pos­ses­sion shortly after alleged com­mis­sion of crimes of kidnapping and robbery, where crimes were committed with aid of a handgun. State v. Manning, 39 Or App 279, 591 P2d 1195 (1979)

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