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Oregon Revised Statutes

Or. Rev. Stat. § 164.043 (2026)

Theft in the third degree

✓ current as of May 2026
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      164.043 Theft in the third degree. (1) A person commits the crime of theft in the third degree if:

      (a) By means other than extortion, the person commits theft as defined in ORS 164.015; and

      (b) The total value of the property in a single or an aggregate transaction is less than $100.

      (2) Theft in the third degree is a Class C misdemeanor. [1987 c.907 §2; 2009 c.11 §11; 2009 c.16 §1]

Notes of Decisions
Cited in 101 cases (27 in the last 5 years), 1989–2026 · leading case: State v. Waterhouse, 373 P.3d 131 (Or. 2016).
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State v. Waterhouse, 373 P.3d 131 (Or. 2016). · cites it 7× “See ORS 164.043 (so stating). At the close of the state’s case-in-chief, defendant unsuccessfully moved for a judgment of acquittal, arguing that the evidence presented by the state had failed to establish that the items he had taken possessed actual—as opposed to…”
Pereida-Alba v. Coursey, 342 P.3d 70 (Or. 2015). · cites it 4× “See ORS 164.043 (third-degree theft consists of the theft of property worth less than $100).”
State v. Stutte, 568 P.3d 247 (Or. Ct. App. 2025). · cites it 3× “” He was charged with third-degree theft, ORS 164.043, for allegedly having committed “theft of property and/or credit card” worth less than $100.”
State v. Simonov, 368 P.3d 11 (Or. 2016). “045 (second-degree theft); ORS 164.043 (third-degree theft). The specific value of the stolen property does not change the essential character of the prohibited conduct.”
State v. Ciraulo, 478 P.3d 502 (Or. 2020). “ORS 164.043(2); ORS 161.615(3). Neither party has addressed whether third-degree theft is a petty offense or whether any constitutional provision requires a jury verdict finding the defendant guilty of a petty offense to be unanimous.”
State v. Shedrick, 518 P.3d 559 (Or. 2022). “See ORS 164.043 (third-degree); ORS 164.045 (second- degree); and ORS 164.”
State v. Slater, 487 P.3d 59 (Or. Ct. App. 2021). · cites it 2× “Therefore, we reverse and remand for entry of a judgment of conviction for the lesser-included offense of theft in the third degree, ORS 164.043. Conviction on Count 1 reversed and remanded for entry of a judgment of conviction for theft in the third degree; remanded for…”
State v. Postlethwait, 493 P.3d 35 (Or. Ct. App. 2021). · cites it 2× “395 (Count 2); and third-degree theft, ORS 164.043 (Count 3). The trial court merged the guilty verdicts on the two robbery counts into a single conviction for second-degree robbery and separately entered a third-degree theft conviction.”
State v. Thomas, 780 P.2d 1197 (Or. Ct. App. 1989). · cites it 4× “ORS 164.043. Before defendant pled not guilty to the charge, the trial court, pursuant to ORS 161.”
State v. Keith, 431 P.3d 94 (Or. Ct. App. 2018). · cites it 2× “572 (Count 8); and theft in the third degree, ORS 164.043 (Count 9). In another alleged incident, one not involving allegations of domestic violence, that occurred on January 19, 2015, the state charged defendant with unlawful possession of methamphetamine, ORS 475.”
State v. Gensitskiy, 446 P.3d 26 (Or. 2019). “215, for entering a building to commit theft of the files (count 2); 27 counts of identity theft (counts 3-29), and one count of third-degree theft, ORS 164.043, for theft of the files (count 30).”
State v. Blake, 228 P.3d 560 (Or. 2010). “2 For examples of such statutes, see ORS 164.043 (third-degree theft); ORS 164.”
Show all 101 citing cases →
— Or. Rev. Stat. § 164.043(1) — 5 cases
State v. Waterhouse, 373 P.3d 131 (Or. 2016). “See ORS 164.043 (so stating). At the close of the state’s case-in-chief, defendant unsuccessfully moved for a judgment of acquittal, arguing that the evidence presented by the state had failed to establish that the items he had taken possessed actual—as opposed to…”
State v. Waterhouse, 337 P.3d 195 (Or. Ct. App. 2014).
State v. Santini, 536 P.3d 1055 (Or. Ct. App. 2023).
State v. Santini (Or. Ct. App. 2023).
State v. Waterhouse (Or. 2016).
— Or. Rev. Stat. § 164.043(1)(b) — 6 cases
State v. Slater, 487 P.3d 59 (Or. Ct. App. 2021). “Therefore, we reverse and remand for entry of a judgment of conviction for the lesser-included offense of theft in the third degree, ORS 164.043. Conviction on Count 1 reversed and remanded for entry of a judgment of conviction for theft in the third degree; remanded for…”
State v. Venable, 502 P.3d 250 (Or. Ct. App. 2021).
State v. Breslin, 342 Or. App. 612 (Or. Ct. App. 2025).
State v. Breslin, 342 Or. App. 612 (Or. Ct. App. 2025).
State v. Waterhouse (Or. 2016).
— Or. Rev. Stat. § 164.043(2) — 3 cases
State v. Ciraulo, 478 P.3d 502 (Or. 2020). “ORS 164.043(2); ORS 161.615(3). Neither party has addressed whether third-degree theft is a petty offense or whether any constitutional provision requires a jury verdict finding the defendant guilty of a petty offense to be unanimous.”
State v. Fuller, 287 P.3d 1263 (Or. Ct. App. 2012).
State v. Cox, 947 P.2d 207 (Or. Ct. App. 1997).
— Or. Rev. Stat. § 164.043(b) — 2 cases
State v. Van Norsdall, 873 P.2d 345 (Or. Ct. App. 1994).
State v. Engen, 993 P.2d 161 (Or. Ct. App. 1999).
— Or. Rev. Stat. § 164.043(l)(b) — 1 case
State v. Waterhouse, 373 P.3d 131 (Or. 2016). “See ORS 164.043 (so stating). At the close of the state’s case-in-chief, defendant unsuccessfully moved for a judgment of acquittal, arguing that the evidence presented by the state had failed to establish that the items he had taken possessed actual—as opposed to…”
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