Oregon Law
Law as of Jan 1, 2026
Chapter contents
164.005Definitions 164.010[Amended by 1959 c.236 §1; repealed by 1971 c.743 §432] 164.015“Theft” described 164.020[Amended by 1959 c.236 §2; repealed by 1971 c.743 §432] 164.025Consolidation of theft offenses; pleading and proof 164.030[Amended by 1955 c.37 §1; 1959 c.236 §3; repealed by 1971 c.743 §432] 164.035Defenses 164.040[Amended by 1959 c.236 §4; repealed by 1971 c.743 §432] 164.043Theft in the third degree 164.045Theft in the second degree 164.050[Repealed by 1965 c.253 §153] 164.055Theft in the first degree 164.057Aggravated theft in the first degree 164.060[Repealed by 1965 c.253 §153] 164.061Sentence for aggravated theft in the first degree when victim 65 years of age or older 164.063Disproportionate impact; rules 164.065Theft of lost, mislaid property 164.070[Amended by 1965 c.253 §131; repealed by 1971 c.743 §432] 164.075Extortion 164.080[Repealed by 1971 c.743 §432] 164.085Theft by deception 164.090[Repealed by 1971 c.743 §432] 164.095Theft by receiving 164.098Organized retail theft 164.100[Repealed by 1971 c.743 §432] 164.105Right of possession 164.110[Repealed by 1971 c.743 §432] 164.115Value of property 164.125Theft of services 164.130Application of ORS 164.125 to telephone or telegraph services; jurisdiction 164.132Unlawful distribution of cable television equipment 164.135Unauthorized use of a vehicle 164.138Criminal possession of a rented or leased motor vehicle 164.140Criminal possession of rented or leased personal property 164.160Definitions 164.162Mail theft or receipt of stolen mail 164.164Defense in prosecution under ORS 164.162; applicability of ORS 164.162 164.170Laundering a monetary instrument 164.172Engaging in a financial transaction in property derived from unlawful activity 164.174Exceptions 164.205Definitions for ORS 164.205 to 164.270 164.210[Repealed by 1971 c.743 §432] 164.215Burglary in the second degree 164.220[Repealed by 1971 c.743 §432] 164.225Burglary in the first degree 164.230[Repealed by 1971 c.743 §432] 164.235Possession of a burglary tool or theft device 164.240[Amended by 1959 c.99 §1; repealed by 1971 c.743 §432] 164.243Criminal trespass in the second degree by a guest 164.245Criminal trespass in the second degree 164.250[Repealed by 1971 c.743 §432] 164.255Criminal trespass in the first degree 164.260[Repealed by 1971 c.743 §432] 164.265Criminal trespass while in possession of a firearm 164.270Closure of premises to motor-propelled vehicles 164.272Unlawful entry into a motor vehicle 164.274Definitions for ORS 164.276 and 164.278 164.276Authority of sports official to expel persons from sports event 164.278Criminal trespass at a sports event 164.305Definitions for ORS 164.305 to 164.377 164.310[Amended by 1957 c.653 §1; 1959 c.302 §2; repealed by 1971 c.743 §432] 164.315Arson in the second degree 164.320[Amended by 1959 c.77 §1; repealed by 1971 c.743 §432] 164.325Arson in the first degree 164.330[Repealed by 1971 c.743 §432] 164.335Reckless burning 164.338Arson incident to the manufacture of a controlled substance in the second degree 164.340[Repealed by 1971 c.743 §432] 164.342Arson incident to the manufacture of a controlled substance in the first degree 164.345Criminal mischief in the third degree 164.350[Repealed by 1971 c.743 §432] 164.354Criminal mischief in the second degree 164.355[1967 c.378 §§1,2,3,4; 1969 c.287 §1; repealed by 1971 c.743 §432] 164.360[Repealed by 1971 c.743 §432] 164.362[1957 c.714 §§1,6(1); repealed by 1971 c.743 §432] 164.364[1957 c.714 §§4,5; repealed by 1971 c.743 §432] 164.365Criminal mischief in the first degree 164.366[1957 c.714 §§2,6(2); repealed by 1971 c.743 §432] 164.367Determining value of damage; aggregation 164.368[1957 c.714 §3; repealed by 1971 c.743 §432] 164.369[1989 c.584 §4; 2003 c.543 §5; renumbered 167.337 in 2003] 164.370[Repealed by 1971 c.743 §432] 164.373Tampering with cable television equipment 164.377Computer crime 164.380[Repealed by 1971 c.743 §432] 164.381Definitions 164.383Unlawfully applying graffiti 164.385[1967 c.243 §1; repealed by 1971 c.743 §432] 164.386Unlawfully possessing a graffiti implement 164.388Preemption 164.390[1959 c.626 §§1,4; repealed by 1971 c.743 §432] 164.392[1959 c.626 §§2,3; repealed by 1971 c.743 §432] 164.395Robbery in the third degree 164.405Robbery in the second degree 164.410[Repealed by 1971 c.743 §432] 164.415Robbery in the first degree 164.420[Repealed by 1971 c.743 §432] 164.430[Repealed by 1971 c.743 §432] 164.440[Amended by 1969 c.511 §1; repealed by 1971 c.404 §8 and by 1971 c.743 §432] 164.450[Repealed by 1971 c.743 §432] 164.452[1965 c.100 §300; repealed by 1971 c.743 §432] 164.455[1953 c.535 §1; 1959 c.687 §2; 1965 c.453 §1; repealed by 1971 c.743 §432] 164.460[Amended by 1957 c.470 §1; 1959 c.530 §2; 1969 c.501 §3; repealed by 1971 c.743 §432] 164.462[1963 c.552 §§1,2; 1965 c.450 §1; repealed by 1971 c.743 §432] 164.465[1953 c.430 §1; 1959 c.687 §3; repealed by 1971 c.743 §432] 164.470[Amended by 1969 c.594 §1; repealed by 1971 c.743 §432] 164.480[Repealed by 1971 c.743 §432] 164.485[1969 c.652 §1; repealed by 1971 c.743 §432] 164.490[1969 c.652 §2; repealed by 1971 c.743 §432] 164.500[1969 c.652 §§3,4,6; repealed by 1971 c.743 §432] 164.505[1969 c.652 §5; repealed by 1971 c.743 §432] 164.510[Repealed by 1971 c.743 §432] 164.520[Repealed by 1971 c.743 §432] 164.530[Repealed by 1971 c.743 §432] 164.540[Repealed by 1971 c.743 §432] 164.550[Repealed by 1971 c.743 §432] 164.555[1963 c.552 §3; repealed by 1971 c.743 §432] 164.560[Repealed by 1971 c.743 §432] 164.570[Repealed by 1971 c.743 §432] 164.580[Amended by 1959 c.580 §103; repealed by 1971 c.743 §432] 164.590[Repealed by 1971 c.743 §432] 164.610[Repealed by 1971 c.743 §432] 164.620[Repealed by 1971 c.743 §432] 164.630[Repealed by 1971 c.743 §432] 164.635[1961 c.310 §2; 1967 c.332 §1; repealed by 1971 c.743 §432] 164.640[Repealed by 1971 c.743 §432] 164.650[Repealed by 1971 c.743 §432] 164.660[Amended by 1967 c.390 §1; repealed by 1971 c.743 §432] 164.670[Amended by 1965 c.552 §1; repealed by 1971 c.743 §432] 164.680[Repealed by 1971 c.743 §432] 164.690[Repealed by 1971 c.743 §432] 164.700[1965 c.594 §1; repealed by 1971 c.743 §432] 164.710[Amended by 1969 c.517 §1; repealed by 1971 c.743 §432] 164.720[Repealed by 1971 c.743 §432] 164.730[Amended by 1967 c.351 §1; repealed by 1971 c.743 §432] 164.740[Repealed by 1971 c.743 §432] 164.750[1969 c.584 §1; repealed by 1971 c.743 §432] 164.760[1969 c.584 §§2,3; repealed by 1971 c.743 §432] 164.770[1969 c.584 §4; repealed by 1971 c.743 §432] 164.775Deposit of trash within 100 yards of waters or in waters; license suspensions; civil penalties; credit for work in lieu of fine 164.780[1969 c.584 §5; repealed by 1971 c.743 §432] 164.785Placing offensive substances in waters, on highways or other property 164.805Offensive littering 164.810[Repealed by 1971 c.743 §432] 164.813Unlawful cutting and transport of special forest products 164.814State Forester required to develop forms for special forest products 164.815[1971 c.743 §288a; 1973 c.445 §1; repealed by 2019 c.80 §1] 164.820[Amended by 1971 c.647 §1; repealed by 1971 c.743 §432] 164.825Cutting and transport of coniferous trees without permit or bill of sale 164.828Ownership as affirmative defense under ORS 164.813 and 164.825 164.830[Repealed by 1971 c.743 §432] 164.835Investigation to prevent violations of ORS 164.813 and 164.825 164.840[Repealed by 1971 c.743 §432] 164.845Arrest, summons for cutting or transport of trees or special forest products; effect of failure to appear 164.850[Repealed by 1971 c.743 §432] 164.855Seizure of trees or special forest products cut or transported in violation of ORS 164.813 or 164.825 164.857Unlawfully transporting metal property 164.860[Repealed by 1971 c.743 §432] 164.863Unlawful transport of meat animal carcasses 164.864Definitions for ORS 164.864 to 164.882 164.865Unlawful sound recording 164.866Civil action for injuries caused by criminal acts 164.867Applicability of ORS 164.868, 164.869 and 164.872 164.868Unlawful labeling of a sound recording 164.869Unlawful recording of a live performance 164.870[Repealed by 1957 c.269 §1; (164.871 enacted in lieu of 164.870)] 164.871[1957 c.269 §2 (enacted in lieu of 164.870); repealed by 1971 c.743 §432] 164.872Unlawful labeling of a videotape recording 164.873Exemptions from ORS 164.865, 164.868, 164.869, 164.872 and 164.875 164.875Unlawful videotape recording 164.876[1993 c.95 §12; repealed by 2001 c.666 §56] 164.877[1989 c.1003 §§2,3; renumbered 164.886 in 2007] 164.879[2001 c.666 §50; repealed by 2005 c.830 §48] 164.880[Repealed by 1971 c.743 §432] 164.882Unlawful operation of an audiovisual device 164.885Endangering aircraft 164.886Unlawful tree spiking; unlawful possession of substance that can damage certain wood processing equipment 164.887Interference with agricultural operations 164.889Interference with agricultural research 164.890[Repealed by 1971 c.743 §432] 164.900[Repealed by 1971 c.743 §432]

Chapter 164 — Offenses Against Property

ORS 164.828 Ownership as affirmative defense under ORS 164.813 and 164.825

It is an affirmative defense to any charge under ORS 164.813 or 164.825 that the defendant is in fact the owner of the trees or special forest products cut or transported.

Note: 164.828 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 164 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Official sources · 2Tap to view provenance and version history

Online copy of the published ORS edition

Provenance

Version history

Earlier statutory text is available in an ingested published ORS edition.