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Oregon Revised Statutes

Or. Rev. Stat. § 164.098 (2026)

Organized retail theft

✓ current as of May 2026
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      164.098 Organized retail theft. (1) A person commits the crime of organized retail theft if, acting in concert with another person:

      (a) The person violates ORS 164.015 or aids or abets the other person to violate ORS 164.015;

      (b) The subject of the theft is merchandise and the merchandise is taken from a mercantile establishment; and

      (c) The aggregate value of the merchandise taken within any 180-day period exceeds $5,000.

      (2) As used in this section:

      (a) “Merchandise” has the meaning given that term in ORS 30.870.

      (b) “Mercantile establishment” has the meaning given that term in ORS 30.870.

      (3) Organized retail theft is a Class B felony. [2007 c.498 §2; 2023 c.151 §5]

 

      Note: 164.098 was added to and made a part of ORS chapter 164 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

 

      164.100 [Repealed by 1971 c.743 §432]

Notes of Decisions
Cited in 2 cases, 2014–2018 · leading case: State v. Fujimoto, 338 P.3d 180 (Or. Ct. App. 2014).
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State v. Fujimoto, 338 P.3d 180 (Or. Ct. App. 2014). · cites it 9× “Defendant, who was convicted on one count of organized retail theft, ORS 164.098, and nine counts of first-degree theft, ORS 164.”
Lang, Terri Regina, 561 S.W.3d 174 (Tex. Crim. App. 2018). “"); Or. Rev. Stat. Ann. § 164.098 (West 2008) ("A person commits the crime of organized retail theft if, acting in concert with another person .”
— Or. Rev. Stat. § 164.098(1) — 1 case
State v. Fujimoto, 338 P.3d 180 (Or. Ct. App. 2014). “Defendant, who was convicted on one count of organized retail theft, ORS 164.098, and nine counts of first-degree theft, ORS 164.”
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