ORS 164.085
Theft by deception

Text
Annotations 5

(1)

A person, who obtains property of another thereby, commits theft by deception when, with intent to defraud, the person:

(a)

Creates or confirms another’s false impression of law, value, intention or other state of mind that the actor does not believe to be true;

(b)

Fails to correct a false impression that the person previously created or confirmed;

(c)

Prevents another from acquiring information pertinent to the disposition of the property involved;

(d)

Sells or otherwise transfers or encumbers property, failing to disclose a lien, adverse claim or other legal impediment to the enjoyment of the property, whether such impediment is or is not valid, or is or is not a matter of official record; or

(e)

Promises performance that the person does not intend to perform or knows will not be performed.

(2)

“Deception” does not include falsity as to matters having no pecuniary significance, or representations unlikely to deceive ordinary persons in the group addressed. For purposes of this subsection, the theft of a companion animal, as defined in ORS 164.055 (Theft in the first degree), or a captive wild animal is a matter having pecuniary significance.

(3)

In a prosecution for theft by deception, the defendant’s intention or belief that a promise would not be performed may not be established by or inferred from the fact alone that such promise was not performed.

(4)

In a prosecution for theft by deception committed by means of a bad check, it is prima facie evidence of knowledge that the check or order would not be honored if:

(a)

The drawer has no account with the drawee at the time the check or order is drawn or uttered; or

(b)

Payment is refused by the drawee for lack of funds, upon presentation within 30 days after the date of utterance, and the drawer fails to make good within 10 days after receiving notice of refusal. [1971 c.743 §128; 1991 c.837 §10; 2007 c.71 §49]

Source: Section 164.085 — Theft by deception, https://www.oregonlegislature.gov/bills_laws/ors/ors164.html.

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)

164.005
Definitions 164.015
“Theft” described 164.025
Consolidation of theft offenses 164.035
Defenses 164.043
Theft in the third degree 164.045
Theft in the second degree 164.055
Theft in the first degree 164.057
Aggravated theft in the first degree 164.061
Sentence for aggravated theft in the first degree when victim 65 years of age or older 164.063
Disproportionate impact 164.065
Theft of lost, mislaid property 164.075
Extortion 164.085
Theft by deception 164.095
Theft by receiving 164.098
Organized retail theft 164.105
Right of possession 164.115
Value of property 164.125
Theft of services 164.130
Application of ORS 164.125 to telephone or telegraph services 164.132
Unlawful distribution of cable television equipment 164.135
Unauthorized use of a vehicle 164.138
Criminal possession of a rented or leased motor vehicle 164.140
Criminal possession of rented or leased personal property 164.160
Definitions 164.162
Mail theft or receipt of stolen mail 164.164
Defense in prosecution under ORS 164.162 164.170
Laundering a monetary instrument 164.172
Engaging in a financial transaction in property derived from unlawful activity 164.174
Exceptions 164.205
Definitions for ORS 164.205 to 164.270 164.215
Burglary in the second degree 164.225
Burglary in the first degree 164.235
Possession of a burglary tool or theft device 164.243
Criminal trespass in the second degree by a guest 164.245
Criminal trespass in the second degree 164.255
Criminal trespass in the first degree 164.265
Criminal trespass while in possession of a firearm 164.270
Closure of premises to motor-propelled vehicles 164.272
Unlawful entry into a motor vehicle 164.274
Definitions for ORS 164.276 and 164.278 164.276
Authority of sports official to expel persons from sports event 164.278
Criminal trespass at a sports event 164.305
Definitions for ORS 164.305 to 164.377 164.315
Arson in the second degree 164.325
Arson in the first degree 164.335
Reckless burning 164.338
Arson incident to the manufacture of a controlled substance in the second degree 164.342
Arson incident to the manufacture of a controlled substance in the first degree 164.345
Criminal mischief in the third degree 164.354
Criminal mischief in the second degree 164.365
Criminal mischief in the first degree 164.367
Determining value of damage 164.373
Tampering with cable television equipment 164.377
Computer crime 164.381
Definitions 164.383
Unlawfully applying graffiti 164.386
Unlawfully possessing a graffiti implement 164.388
Preemption 164.395
Robbery in the third degree 164.405
Robbery in the second degree 164.415
Robbery in the first degree 164.775
Deposit of trash within 100 yards of waters or in waters 164.785
Placing offensive substances in waters, on highways or other property 164.805
Offensive littering 164.813
Unlawful cutting and transport of special forest products 164.814
State Forester required to develop forms for special forest products 164.825
Cutting and transport of coniferous trees without permit or bill of sale 164.828
Ownership as affirmative defense under ORS 164.813 and 164.825 164.835
Investigation to prevent violations of ORS 164.813 and 164.825 164.845
Arrest, summons for cutting or transport of trees or special forest products 164.855
Seizure of trees or special forest products cut or transported in violation of ORS 164.813 or 164.825 164.857
Unlawfully transporting metal property 164.863
Unlawful transport of meat animal carcasses 164.864
Definitions for ORS 164.864 to 164.882 164.865
Unlawful sound recording 164.866
Civil action for injuries caused by criminal acts 164.867
Applicability of ORS 164.868, 164.869 and 164.872 164.868
Unlawful labeling of a sound recording 164.869
Unlawful recording of a live performance 164.872
Unlawful labeling of a videotape recording 164.873
Exemptions from ORS 164.865, 164.868, 164.869, 164.872 and 164.875 164.875
Unlawful videotape recording 164.882
Unlawful operation of an audiovisual device 164.885
Endangering aircraft 164.886
Unlawful tree spiking 164.887
Interference with agricultural operations 164.889
Interference with agricultural research

Up to date

Current through early 2024

§ 164.085’s source at oregon.gov