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Oregon Revised Statutes

Or. Rev. Stat. § 164.055 (2026)

Theft in the first degree

✓ current as of May 2026
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      164.055 Theft in the first degree. (1) A person commits the crime of theft in the first degree if, by means other than extortion, the person commits theft as defined in ORS 164.015 and:

      (a) The total value of the property in a single or aggregate transaction is $1,000 or more;

      (b) The theft is committed during a riot, fire, explosion, catastrophe or other emergency in an area affected by the riot, fire, explosion, catastrophe or other emergency;

      (c) The theft is theft by receiving committed by buying, selling, borrowing or lending on the security of the property;

      (d) The subject of the theft is a firearm or explosive;

      (e) The subject of the theft is a livestock animal, a companion animal or a wild animal removed from habitat or born of a wild animal removed from habitat, pursuant to ORS 497.308 (2)(c);

      (f) The subject of the theft is a precursor substance; or

      (g) During the commission of the theft, the person recklessly engages in conduct that creates a substantial risk of serious physical injury to another person.

      (2) As used in this section:

      (a) “Companion animal” means a dog or cat possessed by a person, business or other entity for purposes of companionship, security, hunting, herding or providing assistance in relation to a physical disability.

      (b) “Explosive” means a chemical compound, mixture or device that is commonly used or intended for the purpose of producing a chemical reaction resulting in a substantially instantaneous release of gas and heat, including but not limited to dynamite, blasting powder, nitroglycerin, blasting caps and nitrojelly, but excluding fireworks as defined in ORS 480.111, black powder, smokeless powder, small arms ammunition and small arms ammunition primers.

      (c) “Firearm” has the meaning given that term in ORS 166.210.

      (d) “Livestock animal” means a ratite, psittacine, horse, gelding, mare, filly, stallion, colt, mule, ass, jenny, bull, steer, cow, calf, goat, sheep, lamb, llama, pig or hog.

      (e) “Precursor substance” has the meaning given that term in ORS 475.940.

      (3) Theft in the first degree is a Class C felony. [1971 c.743 §125; 1973 c.405 §1; 1983 c.740 §32; 1987 c.907 §4; 1991 c.837 §9; 1993 c.252 §5; 1993 c.680 §20; 2005 c.706 §10; 2009 c.16 §3; 2009 c.610 §6; 2013 c.24 §11; 2023 c.151 §4]

Notes of Decisions
Cited in 475 cases (88 in the last 5 years), 1973–2026 · leading case: State v. Shedrick, 518 P.3d 559 (Or. 2022).
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State v. Shedrick, 518 P.3d 559 (Or. 2022). · cites it 10× “045 (second- degree); and ORS 164.055 (first-degree). Pursuant to ORS 164.”
State v. Jones, 196 P.3d 97 (Or. Ct. App. 2008). · cites it 17× “Defendant appeals his convictions for first-degree theft, ORS 164.055, and unauthorized use of a vehicle, ORS 164.”
State v. Stowell, 466 P.3d 1009 (Or. Ct. App. 2020). · cites it 8× “In this appeal, defendant asserts that the trial court plainly erred in failing to instruct the jury that its members needed to concur on whether defendant acted as a principal or as an aider and abettor to the charged offenses.”
State v. Slatton, 268 P.3d 556 (Or. Ct. App. 2015). · cites it 30× “In this criminal case, a jury found defendant guilty of two counts of first-degree theft for violating two separate paragraphs of the first-degree theft statute, ORS 164.055 (2010), amended by Oregon Laws 2013, chapter 24, section ll.”
Ewing v. California, 538 U.S. 11 (2003). · cites it 2× “605 (1997); Ore. Rev. Stat. Ann. §§ 164.055(1)(a), (3) (Supp.”
State v. Turnidge, 374 P.3d 853 (Or. 2016). · cites it 2× “355; «* * * * * “(c) The defendant committed murder by means of an explosive as defined in ORS 164.055. “(d) Notwithstanding ORS 163.”
State v. Fujimoto, 338 P.3d 180 (Or. Ct. App. 2014). · cites it 9× “098, and nine counts of first-degree theft, ORS 164.055, challenges his conviction on the organized retail theft count, as well as the trial court’s failure to merge the first-degree theft convictions into the organized retail theft conviction.”
State v. Huffman, 227 P.3d 1206 (Or. Ct. App. 2010). · cites it 5× “Defendant appeals from a judgment of conviction on two counts of theft in the first degree (Counts 1 and 2), ORS 164.055 (2005), amended by Oregon Laws 2009, chapter 16, section 3, and one count of giving false information to a peace officer for the issuance or service of a…”
State v. Gortmaker, 655 P.2d 575 (Or. Ct. App. 1982). · cites it 8× “Defendant appeals his convictions for theft in the first degree, ORS 164.055; tampering with public records, ORS 162.”
State v. Brady, 506 P.3d 1180 (Or. Ct. App. 2022). · cites it 14× “Defendant also appeals a denial of his motion for judgment of acquittal, contending that the evidence of his deal with the pawnshop is insufficient to permit a finding that he committed theft by “selling” a bicycle “knowing that the property was the subject of theft.”
State v. Hash, 578 P.2d 482 (Or. Ct. App. 1978). · cites it 10× “The term was defined in ORS 164.055 (theft in the first degree) as "* * * a weapon, by whatever name known, which is designed to expel a projectile by the action of black powder or smokeless powder and which is readily capable of use as a weapon.”
State v. Slater, 487 P.3d 59 (Or. Ct. App. 2021). · cites it 4× “Defendant was arrested and charged with theft in the first degree, ORS 164.055, a Class C felony, and unlawful entry into a motor vehicle, ORS 164.”
Show all 475 citing cases →
— Or. Rev. Stat. § 164.055(1) — 16 cases
State v. McLaughlin, 258 P.3d 1241 (Or. Ct. App. 2011).
State v. Spears, 196 P.3d 1037 (Or. Ct. App. 2008).
State v. Gortmaker, 655 P.2d 575 (Or. Ct. App. 1982). “Defendant appeals his convictions for theft in the first degree, ORS 164.055; tampering with public records, ORS 162.”
State v. Fujimoto, 338 P.3d 180 (Or. Ct. App. 2014). “098, and nine counts of first-degree theft, ORS 164.055, challenges his conviction on the organized retail theft count, as well as the trial court’s failure to merge the first-degree theft convictions into the organized retail theft conviction.”
State v. Rocha, 225 P.3d 45 (Or. Ct. App. 2009).
— Or. Rev. Stat. § 164.055(1)(a) — 24 cases
State v. Shedrick, 518 P.3d 559 (Or. 2022). “045 (second- degree); and ORS 164.055 (first-degree). Pursuant to ORS 164.”
Ewing v. California, 538 U.S. 11 (2003). “605 (1997); Ore. Rev. Stat. Ann. §§ 164.055(1)(a), (3) (Supp.”
State v. Dillard, 490 P.3d 176 (Or. Ct. App. 2021).
State v. Slater, 487 P.3d 59 (Or. Ct. App. 2021). “Defendant was arrested and charged with theft in the first degree, ORS 164.055, a Class C felony, and unlawful entry into a motor vehicle, ORS 164.”
State v. Kaino-Smith, 371 P.3d 1256 (Or. Ct. App. 2016).
— Or. Rev. Stat. § 164.055(1)(c) — 11 cases
State v. Brady, 506 P.3d 1180 (Or. Ct. App. 2022). “Defendant also appeals a denial of his motion for judgment of acquittal, contending that the evidence of his deal with the pawnshop is insufficient to permit a finding that he committed theft by “selling” a bicycle “knowing that the property was the subject of theft.”
State v. Meyer, 435 P.3d 829 (Or. Ct. App. 2019).
State v. Noble, 217 P.3d 1130 (Or. Ct. App. 2009).
State v. Knutson, 725 P.2d 407 (Or. Ct. App. 1986).
State v. Hopkins, 502 P.3d 785 (Or. Ct. App. 2021).
— Or. Rev. Stat. § 164.055(1)(d) — 4 cases
State v. Slater, 487 P.3d 59 (Or. Ct. App. 2021). “Defendant was arrested and charged with theft in the first degree, ORS 164.055, a Class C felony, and unlawful entry into a motor vehicle, ORS 164.”
State v. Gatewood, 452 P.3d 1046 (Or. Ct. App. 2019).
State v. Wells, 935 P.2d 447 (Or. Ct. App. 1997).
State v. Crotsley, 765 P.2d 818 (Or. Ct. App. 1988).
— Or. Rev. Stat. § 164.055(2)(a) — 3 cases
State v. Wagner, 752 P.2d 1136 (Or. 1988).
State v. Boots, 780 P.2d 725 (Or. 1989).
State v. White, 707 P.2d 1267 (Or. Ct. App. 1985).
— Or. Rev. Stat. § 164.055(2)(b) — 2 cases
State v. Turnidge, 374 P.3d 853 (Or. 2016). “355; «* * * * * “(c) The defendant committed murder by means of an explosive as defined in ORS 164.055. “(d) Notwithstanding ORS 163.”
State v. Gortmaker, 655 P.2d 575 (Or. Ct. App. 1982). “Defendant appeals his convictions for theft in the first degree, ORS 164.055; tampering with public records, ORS 162.”
— Or. Rev. Stat. § 164.055(2)(c) — 2 cases
State v. Boone, 160 P.3d 994 (Or. Ct. App. 2007).
State v. Wise, 946 P.2d 363 (Or. Ct. App. 1997).
— Or. Rev. Stat. § 164.055(2)(d) — 1 case
State v. Jones, 196 P.3d 97 (Or. Ct. App. 2008). “Defendant appeals his convictions for first-degree theft, ORS 164.055, and unauthorized use of a vehicle, ORS 164.”
— Or. Rev. Stat. § 164.055(3) — 8 cases
State v. Brown, 355 P.3d 216 (Or. Ct. App. 2015).
State v. Rice, 836 P.2d 731 (Or. Ct. App. 1992).
State v. Callaghan, 576 P.2d 14 (Or. Ct. App. 1978).
State v. Actkinson, 511 P.3d 444 (Or. Ct. App. 2022).
State v. Williams, 222 P.3d 31 (Or. Ct. App. 2009).
— Or. Rev. Stat. § 164.055(c) — 1 case
State v. Milek, 727 P.2d 164 (Or. Ct. App. 1986).
— Or. Rev. Stat. § 164.055(l)(a) — 20 cases
State v. Slatton, 268 P.3d 556 (Or. Ct. App. 2015). “In this criminal case, a jury found defendant guilty of two counts of first-degree theft for violating two separate paragraphs of the first-degree theft statute, ORS 164.055 (2010), amended by Oregon Laws 2013, chapter 24, section ll.”
Ewing v. California, 538 U.S. 11 (2003). “605 (1997); Ore. Rev. Stat. Ann. §§ 164.055(1)(a), (3) (Supp.”
State v. Huffman, 227 P.3d 1206 (Or. Ct. App. 2010). “Defendant appeals from a judgment of conviction on two counts of theft in the first degree (Counts 1 and 2), ORS 164.055 (2005), amended by Oregon Laws 2009, chapter 16, section 3, and one count of giving false information to a peace officer for the issuance or service of a…”
State v. Savastano, 309 P.3d 1083 (Or. 2013).
State v. Spears, 196 P.3d 1037 (Or. Ct. App. 2008).
— Or. Rev. Stat. § 164.055(l)(b) — 1 case
State v. Jones, 196 P.3d 97 (Or. Ct. App. 2008). “Defendant appeals his convictions for first-degree theft, ORS 164.055, and unauthorized use of a vehicle, ORS 164.”
— Or. Rev. Stat. § 164.055(l)(c) — 11 cases
State v. Fujimoto, 338 P.3d 180 (Or. Ct. App. 2014). “098, and nine counts of first-degree theft, ORS 164.055, challenges his conviction on the organized retail theft count, as well as the trial court’s failure to merge the first-degree theft convictions into the organized retail theft conviction.”
State v. Kirkland, 342 P.3d 163 (Or. Ct. App. 2015).
State v. Rocha, 225 P.3d 45 (Or. Ct. App. 2009).
State v. Knutson, 725 P.2d 407 (Or. Ct. App. 1986).
State v. Farmer, 605 P.2d 716 (Or. Ct. App. 1980).
— Or. Rev. Stat. § 164.055(l)(d) — 5 cases
State v. Slatton, 268 P.3d 556 (Or. Ct. App. 2015). “In this criminal case, a jury found defendant guilty of two counts of first-degree theft for violating two separate paragraphs of the first-degree theft statute, ORS 164.055 (2010), amended by Oregon Laws 2013, chapter 24, section ll.”
State v. Wise, 946 P.2d 363 (Or. Ct. App. 1997).
State v. Gilbert, 555 P.2d 31 (Or. Ct. App. 1976).
State v. Brown, 368 P.3d 79 (Or. Ct. App. 2016).
State ex rel. Juv. Dep't v. Dahl, 788 P.2d 459 (Or. Ct. App. 1990).
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