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Oregon Revised Statutes

Or. Rev. Stat. § 164.045 (2026)

Theft in the second degree

✓ current as of May 2026
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      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; 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]

 

      164.050 [Repealed by 1965 c.253 §153]

Notes of Decisions
Cited in 235 cases (58 in the last 5 years), 1973–2025 · leading case: State v. Wilson, 248 P.3d 10 (Or. Ct. App. 2011).
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State v. Wilson, 248 P.3d 10 (Or. Ct. App. 2011). · cites it 7× “Ultimately, the state charged defendant and Down with second-degree theft, ORS 164.045 (2007), amended by Or Laws 2009, ch 11, § 12; Or Laws 2009, ch 16, § 2.”
State v. Civil, 388 P.3d 1185 (Or. Ct. App. 2017). “Defendant was charged by indictment with one count of UUV and one count of theft in the second degree, ORS 164.045. The UUV count (Count 1) alleged: “The defendant, on or about April 15, 2014, in Clackamas County, Oregon, did unlawfully and knowingly *398 take, operate, ride in,…”
In Re Complaint as to the Conduct of Kimmell, 31 P.3d 414 (Or. 2001). · cites it 3× “ORS 164.045. 1 Theft in the second degree is a Class A misdemeanor.”
State v. Mays, 429 P.3d 1061 (Or. Ct. App. 2018). · cites it 4× “055, and second-degree theft, ORS 164.045. 1 To convict a person of either first- or second-degree theft, the state must prove that the "market value" of the stolen item or items at the time and place of the crime exceeds certain monetary thresholds.”
State v. Simonov, 368 P.3d 11 (Or. 2016). “ORS 164.045 (second-degree theft); ORS 164.”
State v. Webb, 927 P.2d 79 (Or. 1996). · cites it 2× “Following a bench trial, the trial court convicted defendant of theft in the second degree under ORS 164.045, for theft of the gift certificate, and of attempted theft in the second degree under ORS 161.”
State v. Shedrick, 518 P.3d 559 (Or. 2022). “043 (third-degree); ORS 164.045 (second- degree); and ORS 164.”
State v. Islam, 377 P.3d 533 (Or. 2016). “ORS 164.045. Under ORS 137.106(1) (a), the prosecutor sought restitution for Macy’s economic damages based on the retail price of the jeans at the time and place of the theft.”
State v. Pulver, 95 P.3d 250 (Or. Ct. App. 2004). · cites it 3× “See ORS 164.045. On appeal, the sole issue is whether evidence of the price of the shoes, in the form of testimony as to their price tags and electronic scans of their uniform product bar codes (UPCs), was inadmissible hearsay.”
State v. White, 455 P.3d 969 (Or. Ct. App. 2019). · cites it 3× “Finally, ORS 164.045 provides: “(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.”
State v. Vallin, 434 P.3d 413 (Or. 2019). · cites it 2× “" Defendant had four prior convictions of the relevant kind-three for theft in the second degree, ORS 164.045, and one for unauthorized use of a vehicle, ORS 164.”
State v. Riekens, 457 P.3d 347 (Or. Ct. App. 2019). · cites it 5× “A jury convicted defendant of second-degree theft, ORS 164.045, for unlawfully taking a bicycle that another person had stolen from the victim several days earlier, dam- aged, and left leaning against some shrubs.”
Show all 235 citing cases →
— Or. Rev. Stat. § 164.045(1) — 3 cases
State v. Bailey, 743 P.2d 1123 (Or. Ct. App. 1987).
State v. Richardson, 342 Or. App. 95 (Or. Ct. App. 2025).
State v. Heward, 341 Or. App. 381 (Or. Ct. App. 2025).
— Or. Rev. Stat. § 164.045(1)(b) — 7 cases
State v. White, 455 P.3d 969 (Or. Ct. App. 2019). “Finally, ORS 164.045 provides: “(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.”
State v. Slater, 487 P.3d 59 (Or. Ct. App. 2021).
State v. Mays, 429 P.3d 1061 (Or. Ct. App. 2018). “055, and second-degree theft, ORS 164.045. 1 To convict a person of either first- or second-degree theft, the state must prove that the "market value" of the stolen item or items at the time and place of the crime exceeds certain monetary thresholds.”
State v. R. B. C., 342 Or. App. 835 (Or. Ct. App. 2025).
State v. R. B. C., 342 Or. App. 835 (Or. Ct. App. 2025).
— Or. Rev. Stat. § 164.045(2) — 6 cases
In Re Complaint as to the Conduct of Kimmell, 31 P.3d 414 (Or. 2001). “ORS 164.045. 1 Theft in the second degree is a Class A misdemeanor.”
State v. Nichols, 383 P.3d 988 (Or. Ct. App. 2016).
State v. Hinkle, 201 P.3d 250 (Or. Ct. App. 2009).
State v. Lewis, 174 P.3d 1043 (Or. Ct. App. 2007).
State Ex Rel. Juv. Dep't v. Chapter, 681 P.2d 1171 (Or. Ct. App. 1984).
— Or. Rev. Stat. § 164.045(l)(b) — 3 cases
State v. Pulver, 95 P.3d 250 (Or. Ct. App. 2004). “See ORS 164.045. On appeal, the sole issue is whether evidence of the price of the shoes, in the form of testimony as to their price tags and electronic scans of their uniform product bar codes (UPCs), was inadmissible hearsay.”
State v. Davis, 225 P.3d 150 (Or. Ct. App. 2010).
State v. Hamel-Spencer, 333 P.3d 1157 (Or. Ct. App. 2014).
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