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Oregon Revised Statutes

Or. Rev. Stat. § 164.095 (2026)

Theft by receiving

✓ current as of May 2026
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      164.095 Theft by receiving. (1) A person commits theft by receiving if the person receives, retains, conceals or disposes of property of another knowing or having good reason to know that the property was the subject of theft.

      (2) It is a defense to a charge of violating subsection (1) of this section if:

      (a) The person is a scrap metal business as defined in ORS 165.116 or an agent or employee of a scrap metal business;

      (b) The person receives or retains metal property as defined in ORS 165.116; and

      (c) The person makes a report in accordance with ORS 165.118 (3)(e)(A).

      (3) “Receiving” means acquiring possession, control or title, or lending on the security of the property. [1971 c.743 §129; 2009 c.811 §9; 2021 c.412 §8]

Notes of Decisions
Cited in 83 cases (12 in the last 5 years), 1973–2025 · leading case: State v. Smith, 288 P.3d 974 (Or. Ct. App. 2012).
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State v. Smith, 288 P.3d 974 (Or. Ct. App. 2012). · cites it 13× “We therefore conclude, given *715 the circumstances of the court’s ruling, that defendant’s argument concerning the knowledge requirement in ORS 164.095 was adequately preserved and, accordingly, turn to the merits.”
State v. Fujimoto, 338 P.3d 180 (Or. Ct. App. 2014). · cites it 8× “By defining ‘theft by receiving,’ for example, ORS 164.095 does not create a separate crime punishable as a felony or a misdemeanor.”
Kotera v. Daioh Int'l U.S.A. Corp., 40 P.3d 506 (Or. Ct. App. 2002). · cites it 5× “085, theft by receiving, ORS 164.095, the fraudulent obtaining of a signature, ORS 165.”
State v. Satterfield, 362 P.3d 728 (Or. Ct. App. 2015). · cites it 9× “055 (theft in the first degree), ORS 164.095 (theft by receiving), and (2) unlawful possession of a short-barreled rifle, ORS 166.”
State v. Cox, 82 P.3d 619 (Or. 2003). · cites it 4× “085; or “(5) Commits theft by receiving as provided in ORS 164.095.” *290 ORS 164.095 provides: “(1) A person commits theft by receiving if the person receives, retains, conceals or disposes of property of another knowing or having good reason to know that the property was the…”
Oregon v. Hass, 420 U.S. 714 (1975). · cites it 2× “[2] Hass' testimony would appear to be an admission of guilt of the Oregon crime of "theft by receiving," Ore. Rev. Stat. § 164.095, that is, the receipt or disposal of property of another, knowing that the property was stolen.”
State v. Wilson, 248 P.3d 10 (Or. Ct. App. 2011). · cites it 4× “* * * «* * * * * “There’s a separate cause of action for that called theft by receiving that is defined in ORS 164.095. * * * “I think that’s probably kind ofivhat the Court is getting at; that maybe [defendant] didn’t steal the crates but he could have disposed of them, knowing…”
State v. Marshall, 295 P.3d 128 (Or. Ct. App. 2013). · cites it 4× “270, and theft in the first degree by receiving, ORS 164.095. 1 Defendant assigns error to the trial court’s denial of his motion to suppress evidence discovered during a warrantless search of an RV trailer, contending that his consent to a search was improperly induced by an…”
State v. Gilbert, 555 P.2d 31 (Or. Ct. App. 1976). · cites it 6× “085; or "(5) Commits theft by receiving as provided in ORS 164.095." *34 Enacted at the same time as ORS 164.”
State v. Thomas, 509 P.2d 446 (Or. Ct. App. 1973). · cites it 6× “015 “ ‘Theft’ described,” and ORS 164.095 “Theft by receiving.” The defendant objected to the latter instruction on the basis that it allowed conviction if the jury found that defendant had “good reason to know” the property in his car was stolen, even if ■they also found that…”
State v. Gilbert, 574 P.2d 313 (Or. 1978). · cites it 2× “085; or *106 "(5) Commits theft by receiving as provided in ORS 164.095.” The legislature defined in detail certain kinds of theft referred to in ORS 164.”
State v. Jim, 508 P.2d 462 (Or. Ct. App. 1973). · cites it 3× “085; or “(5) Commits theft by receiving as provided in ORS 164.095.” ORS 164.065 provides: “A person who comes into control of property of another that he 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…”
Show all 83 citing cases →
— Or. Rev. Stat. § 164.095(1) — 22 cases
State v. Satterfield, 362 P.3d 728 (Or. Ct. App. 2015). “055 (theft in the first degree), ORS 164.095 (theft by receiving), and (2) unlawful possession of a short-barreled rifle, ORS 166.”
State v. Smith, 288 P.3d 974 (Or. Ct. App. 2012). “We therefore conclude, given *715 the circumstances of the court’s ruling, that defendant’s argument concerning the knowledge requirement in ORS 164.095 was adequately preserved and, accordingly, turn to the merits.”
State v. Cox, 37 P.3d 193 (Or. Ct. App. 2001).
State v. Niehuser, 533 P.2d 834 (Or. Ct. App. 1975).
Alphonso N. Owens v. United States, 90 A.3d 1118 (D.C. 2014).
— Or. Rev. Stat. § 164.095(2) — 2 cases
Kotera v. Daioh Int'l U.S.A. Corp., 40 P.3d 506 (Or. Ct. App. 2002). “085, theft by receiving, ORS 164.095, the fraudulent obtaining of a signature, ORS 165.”
State v. Harelson, 938 P.2d 763 (Or. Ct. App. 1997).
— Or. Rev. Stat. § 164.095(3) — 1 case
State v. Fujimoto, 338 P.3d 180 (Or. Ct. App. 2014). “By defining ‘theft by receiving,’ for example, ORS 164.095 does not create a separate crime punishable as a felony or a misdemeanor.”
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