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Or. Rev. Stat. § 164.005

Definitions

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      164.005 Definitions. As used in chapter 743, Oregon Laws 1971, unless the context requires otherwise:

      (1) “Appropriate property of another to oneself or a third person” or “appropriate” means to:

      (a) Exercise control over property of another, or to aid a third person to exercise control over property of another, permanently or for so extended a period or under such circumstances as to acquire the major portion of the economic value or benefit of such property; or

      (b) Dispose of the property of another for the benefit of oneself or a third person.

      (2) “Deprive another of property” or “deprive” means to:

      (a) Withhold property of another or cause property of another to be withheld from that person permanently or for so extended a period or under such circumstances that the major portion of its economic value or benefit is lost to that person; or

      (b) Dispose of the property in such manner or under such circumstances as to render it unlikely that an owner will recover such property.

      (3) “Obtain” includes, but is not limited to, the bringing about of a transfer or purported transfer of property or of a legal interest therein, whether to the obtainer or another.

      (4) “Owner of property taken, obtained or withheld” or “owner” means any person who has a right to possession thereof superior to that of the taker, obtainer or withholder.

      (5) “Property” means any article, substance or thing of value, including, but not limited to, money, tangible and intangible personal property, real property, choses-in-action, evidence of debt or of contract. [1971 c.743 §121]

 

      Note: Legislative Counsel has substituted “chapter 743, Oregon Laws 1971,” for the words “this Act” in sections 121 and 131, chapter 743, Oregon Laws 1971, compiled as 164.005 and 164.115. Specific ORS references have not been substituted, pursuant to 173.160. These sections may be determined by referring to the 1971 Comparative Section Table located in Volume 22 of ORS.

 

      164.010 [Amended by 1959 c.236 §1; repealed by 1971 c.743 §432]

 

THEFT AND RELATED OFFENSES

Notes of Decisions
Cited in 63 cases (12 in the last 5 years), 1973–2026 · leading case: State v. Spears
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State v. Spears (2008) orctapp · cites it 6× “As noted, the legislature provided definitions of “appropriate” and “obtain” in ORS 164.005. Although the statutory definition of “obtain” is generally unenlightening, 8 the definition of “appropriate” is significant: “(1) ‘Appropriate property of another to oneself or a third…”
State v. Browning (2016) orctapp · cites it 4× “Both “deprive” and “appropriate” are defined for the purposes of the theft statutes by ORS 164.005, and each definition refers to an interference with property that is either permanent or so extensive as to deprive the property owner of the major portion of the economic value or…”
People v. Zangari (2001) calctapp · cites it 5× “( Or. Rev. Stat. § 164.005 , subds. (1), (2) (1991) .”
Jose Garcia-Martinez v. Jefferson Sessions (2018) ca9 “015 ; see also Or. Rev. Stat. § 164.005 (1)(a), (2)(a). We grant the petition.”
State v. Christine (2004) orctapp · cites it 7× “005(1) and (2) in such a way, however, as to “retain the traditional distinction” between larceny, which requires a thief to intend permanent or virtually permanent loss to the owner of the possession and use of property, and offenses that require the intent to obtain only…”
State v. Dillman (1978) orctapp · cites it 4× “ORS 164.005(4) provides: "`Owner of property taken, obtained or withheld' or `owner' means any person who has a right to possession thereof superior to that of the taker, obtainer or withholder.”
DIAZ-LIZARRAGA (2016) bia “At the outset, we find that a taking or exercise of control over another’s property without consent is itself a potentially reprehensible act that is inherently 5 Conn.”
State v. Waterhouse (2016) or · cites it 2× “Defendant begins by correctly noting that, under the Oregon Criminal Code, property is expressly defined as “any article, substance or thing of value, including, but not limited to, money, tangible and intangible personal property, real property, choses-in-action, evidence of…”
State v. Pusztai (2015) orctapp · cites it 6× “ORS 164.005(1) defines “ [appropriate property of another” to mean “[e]xercis[ing] control over property of another, or *** aid[ing] a third person to exercise control over property of another, permanently or for so extended a period or under such circumstances as to acquire the…”
State v. Hubbell (2023) or “085 (“Definitions with respect to culpability”); ORS 164.005 (“Definitions” for property offenses).”
State v. Ritter (2016) orctapp · cites it 2× “]” The corresponding definitional provision, ORS 164.005(1), which sets out definitions for Oregon’s property crime statutes, states that to “appropriate” means, as relevant here, to “[e]xercise control over property of another, * * * permanently or for so extended a period or…”
State v. Zweigart (2008) or · cites it 2× “" ORS 164.005(4). Fortier was the "taker, obtainer or withholder" of the money and firearms.”
Show all 63 citing cases →
— Or. Rev. Stat. § 164.005(1) — 7 cases
State v. Browning (2016) orctapp “Both “deprive” and “appropriate” are defined for the purposes of the theft statutes by ORS 164.005, and each definition refers to an interference with property that is either permanent or so extensive as to deprive the property owner of the major portion of the economic value or…”
State v. Spears (2008) orctapp “As noted, the legislature provided definitions of “appropriate” and “obtain” in ORS 164.005. Although the statutory definition of “obtain” is generally unenlightening, 8 the definition of “appropriate” is significant: “(1) ‘Appropriate property of another to oneself or a third…”
State v. Ritter (2016) orctapp “]” The corresponding definitional provision, ORS 164.005(1), which sets out definitions for Oregon’s property crime statutes, states that to “appropriate” means, as relevant here, to “[e]xercise control over property of another, * * * permanently or for so extended a period or…”
Neel v. Lee (2021) orctapp
State v. Sorrow (2021) orctapp
— Or. Rev. Stat. § 164.005(1)(a) — 2 cases
State v. Smith (2012) orctapp
State v. Chuol (2025) orctapp
— Or. Rev. Stat. § 164.005(2) — 6 cases
State v. Browning (2016) orctapp “Both “deprive” and “appropriate” are defined for the purposes of the theft statutes by ORS 164.005, and each definition refers to an interference with property that is either permanent or so extensive as to deprive the property owner of the major portion of the economic value or…”
State v. Sorrow (2021) orctapp
State v. Christine (2004) orctapp “005(1) and (2) in such a way, however, as to “retain the traditional distinction” between larceny, which requires a thief to intend permanent or virtually permanent loss to the owner of the possession and use of property, and offenses that require the intent to obtain only…”
State v. Pusztai (2015) orctapp “ORS 164.005(1) defines “ [appropriate property of another” to mean “[e]xercis[ing] control over property of another, or *** aid[ing] a third person to exercise control over property of another, permanently or for so extended a period or under such circumstances as to acquire the…”
State v. Skaggs (1979) orctapp
— Or. Rev. Stat. § 164.005(2)(a) — 4 cases
State v. Linthwaite (1981) orctapp
State v. Applegate (1979) orctapp
State v. Christine (2004) orctapp “005(1) and (2) in such a way, however, as to “retain the traditional distinction” between larceny, which requires a thief to intend permanent or virtually permanent loss to the owner of the possession and use of property, and offenses that require the intent to obtain only…”
State v. Pusztai (2015) orctapp “ORS 164.005(1) defines “ [appropriate property of another” to mean “[e]xercis[ing] control over property of another, or *** aid[ing] a third person to exercise control over property of another, permanently or for so extended a period or under such circumstances as to acquire the…”
— Or. Rev. Stat. § 164.005(2)(b) — 3 cases
State v. Christine (2004) orctapp “005(1) and (2) in such a way, however, as to “retain the traditional distinction” between larceny, which requires a thief to intend permanent or virtually permanent loss to the owner of the possession and use of property, and offenses that require the intent to obtain only…”
State v. Pusztai (2015) orctapp “ORS 164.005(1) defines “ [appropriate property of another” to mean “[e]xercis[ing] control over property of another, or *** aid[ing] a third person to exercise control over property of another, permanently or for so extended a period or under such circumstances as to acquire the…”
State v. Skaggs (1979) orctapp
— Or. Rev. Stat. § 164.005(3) — 2 cases
State v. Spears (2008) orctapp “As noted, the legislature provided definitions of “appropriate” and “obtain” in ORS 164.005. Although the statutory definition of “obtain” is generally unenlightening, 8 the definition of “appropriate” is significant: “(1) ‘Appropriate property of another to oneself or a third…”
State v. Bostwick (2022) orctapp
— Or. Rev. Stat. § 164.005(4) — 14 cases
State v. Dillman (1978) orctapp “ORS 164.005(4) provides: "`Owner of property taken, obtained or withheld' or `owner' means any person who has a right to possession thereof superior to that of the taker, obtainer or withholder.”
State v. Zweigart (2008) or “" ORS 164.005(4). Fortier was the "taker, obtainer or withholder" of the money and firearms.”
State v. Hamilton (2010) or
State v. Fries (2008) or
State v. Perkins (1980) orctapp
— Or. Rev. Stat. § 164.005(5) — 18 cases
State v. Waterhouse (2016) or “Defendant begins by correctly noting that, under the Oregon Criminal Code, property is expressly defined as “any article, substance or thing of value, including, but not limited to, money, tangible and intangible personal property, real property, choses-in-action, evidence of…”
State Ex Rel. Juvenile Department v. Deford (2001) orctapp
State v. Nyhuis (2012) orctapp
State v. Whitley (1983) or
State v. Waterhouse (2014) orctapp
— Or. Rev. Stat. § 164.005(l)(a) — 5 cases
State v. Ritter (2016) orctapp “]” The corresponding definitional provision, ORS 164.005(1), which sets out definitions for Oregon’s property crime statutes, states that to “appropriate” means, as relevant here, to “[e]xercise control over property of another, * * * permanently or for so extended a period or…”
State v. Christine (2004) orctapp “005(1) and (2) in such a way, however, as to “retain the traditional distinction” between larceny, which requires a thief to intend permanent or virtually permanent loss to the owner of the possession and use of property, and offenses that require the intent to obtain only…”
State v. Spears (2008) orctapp “As noted, the legislature provided definitions of “appropriate” and “obtain” in ORS 164.005. Although the statutory definition of “obtain” is generally unenlightening, 8 the definition of “appropriate” is significant: “(1) ‘Appropriate property of another to oneself or a third…”
State v. Rocha (2009) orctapp
State v. Pusztai (2015) orctapp “ORS 164.005(1) defines “ [appropriate property of another” to mean “[e]xercis[ing] control over property of another, or *** aid[ing] a third person to exercise control over property of another, permanently or for so extended a period or under such circumstances as to acquire the…”
— Or. Rev. Stat. § 164.005(l)(b) — 4 cases
In Re Complaint as to the Conduct of Phinney (2013) or
State v. Christine (2004) orctapp “005(1) and (2) in such a way, however, as to “retain the traditional distinction” between larceny, which requires a thief to intend permanent or virtually permanent loss to the owner of the possession and use of property, and offenses that require the intent to obtain only…”
State v. Pusztai (2015) orctapp “ORS 164.005(1) defines “ [appropriate property of another” to mean “[e]xercis[ing] control over property of another, or *** aid[ing] a third person to exercise control over property of another, permanently or for so extended a period or under such circumstances as to acquire the…”
State v. Farmer (1980) orctapp
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