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Oregon Revised Statutes

Or. Rev. Stat. § 164.065 (2026)

Theft of lost, mislaid property

✓ current as of May 2026
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      164.065 Theft of lost, mislaid property. A person who comes into control of property of another that the person knows or has good reason to know to have been lost, mislaid or delivered under a mistake as to the nature or amount of the property or the identity of the recipient, commits theft if, with intent to deprive the owner thereof, the person fails to take reasonable measures to restore the property to the owner. [1971 c.743 §126]

 

      164.070 [Amended by 1965 c.253 §131; repealed by 1971 c.743 §432]

Notes of Decisions
Cited in 16 cases (2 in the last 5 years), 1973–2023 · 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 3× “015 provides: “A person commits theft when, with intent to deprive another of property or to appropriate property to the person or to a third person, the person: “(1) Takes, appropriates, obtains or withholds such property from an owner thereof; or “(2) Commits theft of property…”
State v. Jim, 508 P.2d 462 (Or. Ct. App. 1973). · cites it 4× “015 describes theft: “A person commits theft when, with intent to *210 deprive another of property or to appropriate property to himself or to a third person, he: “(1) Takes, appropriates, obtains or withholds such property from an owner thereof; or “(2) Commits theft of…”
State v. Gilbert, 555 P.2d 31 (Or. Ct. App. 1976). · cites it 4× “f a comprehensive revision of Oregon's criminal code now provides that: "A person commits theft when, with intent to deprive another of property or to appropriate property to himself or to a third person, he: "(1) Takes, appropriates, obtains or withholds such property from an…”
State v. Gilbert, 574 P.2d 313 (Or. 1978). “It provides: "A person commits theft when, with intent to deprive another of property or to appropriate property to himself or to a third person, he: "(1) Takes, appropriates, obtains or withholds such property from an owner thereof; or "(2) Commits theft of property lost,…”
State v. Smith, 288 P.3d 974 (Or. Ct. App. 2012). “015, which provides: “A person commits theft when, with intent to deprive another of property or to appropriate property to the person or to a third person, the person: “(1) Takes, appropriates, obtains or withholds such property from an owner thereof; “(2) Commits theft of…”
State v. Vanburen, 327 P.3d 555 (Or. Ct. App. 2014). · cites it 9× “We also consider ORS 164.065, a closely related statute referenced in ORS 98.”
State v. Delaney, 71 P.3d 93 (Or. Ct. App. 2003). “*718 PER CURIAM Defendant was convicted of theft of lost or mislaid property, ORS 164.065, possession of a controlled substance, ORS 475.”
State v. Rocha, 225 P.3d 45 (Or. Ct. App. 2009). “015 provides: *6 “A person commits theft when, with intent to deprive another of property or to appropriate property to the person or to a third person, the person: “(1) Takes, appropriates, obtains or withholds such property from an owner thereof; “(2) Commits theft of property…”
State v. Hull, 575 P.2d 1015 (Or. Ct. App. 1978). · cites it 2× “015, which provides: *1020 "A person commits theft when, with intent to deprive another of property or to appropriate property to himself or to a third person, he: "(1) Takes, appropriates, obtains or withholds such property from an owner thereof; or "(2) Commits theft of…”
State v. Watts, 653 P.2d 560 (Or. Ct. App. 1982). “015 provides: “A person commits theft when, with intent to deprive another of property or to appropriate property to himself or to a third person, he: “(1) Takes, appropriates, obtains or withholds such property from an owner thereof; or “(2) Commits theft of property lost,…”
State v. Mack, 569 P.2d 624 (Or. Ct. App. 1977). · cites it 4× “The court found defendant "guilty of THEFT IN THE SECOND DEGREE committed by theft of lost or mislaid property under ORS 164.065” and fined him $500. Defendant’s first assignment of error contends that ORS 164.”
State v. Odell, 326 Or. App. 812 (Or. Ct. App. 2023). · cites it 4× “055, specifically theft of lost or mis- laid property, ORS 164.065. Defendant raises two assign- ments of error: first, arguing that the trial court erred when it denied her motion for a judgment of acquittal; second, arguing that the trial court misinterpreted ORS 164.”
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