ORS 164.045
Theft in the second degree


(1)

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

(a)

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

(b)

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

(2)

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]

Source: Section 164.045 — Theft in the second degree, https://www.­oregonlegislature.­gov/bills_laws/ors/ors164.­html.

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
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
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