Theft by deception
Source:
Section 164.085 — Theft by deception, https://www.oregonlegislature.gov/bills_laws/ors/ors164.html
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Notes of Decisions
Under former similar statute (ORS 165.205)
The accused must have intended to defraud the injured party, made a false pretense, the latter must have relied on the false representation believing it to be true and must thereby have been induced to part with something of value. State v. Clermont, 9 Or App 141, 495 P2d 305 (1972), Sup Ct review denied
In general
“Intent to defraud” means that person acts with conscious objective to take property from another person by deception. State v. Reynolds, 246 Or App 152, 265 P3d 22 (2011)
Theft by deception is subject to statute extending statute of limitation for offenses involves material element of fraud. Monfore v. Persson, 296 Or App 625, 439 P3d 519 (2019)
Law Review Citations
In general
54 OLR 125 (1975)