Offenses Against Property

ORS 164.065
Theft of lost, mislaid property

A person who comes into control of property of another that the person knows or has good reason to know to have been lost, mislaid or delivered under a mistake as to the nature or amount of the property or the identity of the recipient, commits theft if, with intent to deprive the owner thereof, the person fails to take reasonable measures to restore the property to the owner. [1971 c.743 §126]

Notes of Decisions

Although conviction under this section was improper under evidence that ring which defendant purchased was not lost or mislaid but had been stolen, such evidence was sufficient for remand for resentencing for crime of attempted theft. State v. Mack, 31 Or App 59, 569 P2d 624 (1977)

When read with ORS 98.005, 98.015 and 98.025, this section requires finder's belief that property is lost be objectively reasonable. Finder of bag not visible from street and located no more than five feet from door to defendant's residence could not have objectively reasonable belief bag was lost. State v. Vanburen, 262 Or App 715, 327 P3d 555 (2014)

§§ 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)


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Jun. 26, 2021