Offenses Against Property

ORS 164.045
Theft in the second degree


A person commits the crime of theft in the second degree if:


By means other than extortion, the person commits theft as defined in ORS 164.015 (“Theft” described); and


The total value of the property in a single or aggregate transaction is $100 or more and less than $1,000.


Theft in the second degree is a Class A misdemeanor. [1971 c.743 §124; 1987 c.907 §3; 1993 c.680 §19; 2009 c.11 §12; 2009 c.16 §2]

Notes of Decisions

Under Former Similar Statute (Ors 164.310)

Evidence of other crimes was relevant and admissible to prove the existence of a larger continuing plan, scheme or conspiracy of which the present crime on trial was a part. State v. Wilson, 6 Or App 259, 487 P2d 892 (1971)

In the absence of contrary legislative intent, one breaking and entering with intent to commit larceny could only be convicted and sentenced for burglary and not for larceny and not for both. State v. Burns, 9 Or App 392, 495 P2d 1240 (1972)

Under Former Similar Statute (Ors 164.320)

It was proper for the trial court to allow a police officer to testify as an expert on the modus operandi of shoplifters. State v. Woods, 6 Or App 311, 487 P2d 666 (1971), Sup Ct review denied

Under Former Similar Statute (Ors 165.010)

The taking was unlawful not only from person owning legal title, but also from any person entitled to possession. State v. Brewer, 7 Or App 158, 490 P2d 202 (1971), Sup Ct review denied

In General

Value of stolen property is a question of fact, not of law, and as such is not subject to demurrer as a "view of law," when stated in an indictment. State v. Chase, 15 Or App 369, 515 P2d 1337 (1973), Sup Ct review denied

Complaint alleging that defendant "did unlawfully and knowingly attempt to commit theft" charged defendant with necessary criminal intent under this section. State v. House, 37 Or App 131, 586 P2d 388 (1978)

In prosecution for theft of food from employer's grocery store, trial court erred in excluding evidence that it was employer's policy to allow employes to eat food from store and pay for it later. State v. Bailey, 87 Or App 664, 743 P2d 1123 (1987)

Assault in second degree is not lesser included offense of robbery in first or second degree. State v. Taylor, 97 Or App 261, 774 P2d 1121 (1989)

Completed Citations

State v. Morasch, 5 Or App 211, 483 P2d 474 (1971), Sup Ct review denied; State v. Smith, 6 Or App 27, 487 P2d 90 (1971), Sup Ct review denied

§§ 164.005 to 164.135

Law Review Citations

51 OLR 432, 525-536 (1972); 10 WLJ 156 (1974)

Chapter 164

Law Review Citations

51 OLR 427-637 (1972)


Last accessed
Jun. 26, 2021