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Oregon Revised Statutes

Or. Rev. Stat. § 164.057 (2026)

Aggravated theft in the first degree

✓ current as of May 2026
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      164.057 Aggravated theft in the first degree. (1) A person commits the crime of aggravated theft in the first degree, if:

      (a) The person violates ORS 164.055 with respect to property, other than a motor vehicle used primarily for personal rather than commercial transportation; and

      (b) The value of the property in a single or aggregate transaction is $10,000 or more.

      (2) Aggravated theft in the first degree is a Class B felony. [1987 c.907 §5]

 

      164.060 [Repealed by 1965 c.253 §153]

Notes of Decisions
Cited in 121 cases (31 in the last 5 years), 1991–2026 · leading case: State v. Cox, 82 P.3d 619 (Or. 2003).
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State v. Cox, 82 P.3d 619 (Or. 2003). · cites it 8× “Defendant was charged in separate indictments in Multnomah County and Marion County with aggravated theft in the first degree, ORS 164.057, for the theft of over $10,000 worth of aluminum.”
State v. Slater, 487 P.3d 59 (Or. Ct. App. 2021). · cites it 4× “To convict a person of aggravated theft in the first degree, the state must prove that the stolen property had a value of $10,000 or more. That value is established by “the market value of the property at the time and place of the crime, or if such cannot reasonably be…”
State v. Gray, 401 P.3d 1241 (Or. Ct. App. 2017). · cites it 2× “A jury rejected defendant’s view and found him guilty of 16 counts of aggravated theft in the first degree, ORS 164.057, 1 based on a theory of theft by deception.”
State v. Jones, 196 P.3d 97 (Or. Ct. App. 2008). · cites it 2× “]” 2 ORS 164.057 provides, in part: “(1) A person commits the crime of aggravated theft in the first degree, if: “(a) The person violates ORS 164.”
State v. Althouse, 375 P.3d 475 (Or. 2016). “For example, aggravated first-degree theft is a Class B felony, ORS 164.057(2), and the maximum sentence for a Class B felony is 10 years, ORS 161.”
State v. Perkins, 529 P.3d 999 (Or. Ct. App. 2023). “803 (Count 1), aggravated first-degree theft, ORS 164.057 (Count 2), computer crime, ORS 164.”
State v. Noe, 256 P.3d 166 (Or. Ct. App. 2011). · cites it 2× “Defendant was convicted of two counts of first-degree aggravated theft, ORS 164.057; unauthorized use of a vehicle, ORS 164.”
State v. Montwheeler, 371 P.3d 1232 (Or. Ct. App. 2016). · cites it 3× “Defendants Anthony and Annita Montwheeler, owners of a scrap metal recycling business, were jointly indicted, tried, and convicted of aggravated theft in the first degree, ORS 164.057. Defendants agreed to pay money to Robert and Violet Heiple (the Heiples) for scrap metal…”
State v. McNall, 476 P.3d 1259 (Or. Ct. App. 2020). · cites it 3× “Held: The evidence was suf- ficient for the jury to conclude that defendant committed both offenses.”
State v. Kaino-Smith, 371 P.3d 1256 (Or. Ct. App. 2016). · cites it 2× “055, five counts of aggravated theft in the first degree, ORS 164.057, 1 and seven counts of forgery in the first degree, ORS 165.”
State v. Denson, 380 P.3d 1170 (Or. Ct. App. 2016). · cites it 2× “800, and one count of aggravated theft in the first degree, ORS 164.057. Defendant pleaded guilty to all four counts.”
State v. Nesbit, 361 P.3d 649 (Or. Ct. App. 2015). · cites it 4× “Defendant appeals from a judgment imposing enhanced sentences for two of three counts of aggravated theft in the first degree, ORS 164.057, following his plea of no contest to an indictment charging three counts of aggravated theft in the first degree.”
Show all 121 citing cases →
Or. Rev. Stat. § 164.057(1): 6 cases
State v. Kaino-Smith, 371 P.3d 1256 (Or. Ct. App. 2016). “055, five counts of aggravated theft in the first degree, ORS 164.057, 1 and seven counts of forgery in the first degree, ORS 165.”
State v. G. L. D., 290 P.3d 852 (Or. Ct. App. 2012).
State v. Peterson, 482 P.3d 68 (Or. Ct. App. 2021).
State v. Cox, 37 P.3d 193 (Or. Ct. App. 2001).
State v. Baldwin, 138 P.3d 867 (Or. Ct. App. 2006).
Or. Rev. Stat. § 164.057(1)(b): 2 cases
State v. Manwiller, 435 P.3d 770 (Or. Ct. App. 2018).
State v. Johnson, 331 Or. App. 811 (Or. Ct. App. 2024).
Or. Rev. Stat. § 164.057(2): 3 cases
State v. Althouse, 375 P.3d 475 (Or. 2016). “For example, aggravated first-degree theft is a Class B felony, ORS 164.057(2), and the maximum sentence for a Class B felony is 10 years, ORS 161.”
State v. Onishchenko, 278 P.3d 63 (Or. Ct. App. 2012).
State v. Althouse (Or. 2016).
Or. Rev. Stat. § 164.057(l)(b): 4 cases
State v. Jones, 196 P.3d 97 (Or. Ct. App. 2008). “]” 2 ORS 164.057 provides, in part: “(1) A person commits the crime of aggravated theft in the first degree, if: “(a) The person violates ORS 164.”
State v. Noe, 256 P.3d 166 (Or. Ct. App. 2011). “Defendant was convicted of two counts of first-degree aggravated theft, ORS 164.057; unauthorized use of a vehicle, ORS 164.”
State v. Savastano, 260 P.3d 529 (Or. Ct. App. 2011).
State v. Robertson, 847 P.2d 894 (Or. Ct. App. 1993).
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