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Oregon Revised Statutes

Or. Rev. Stat. § 164.395 (2026)

Robbery in the third degree

✓ current as of May 2026
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      164.395 Robbery in the third degree. (1) A person commits the crime of robbery in the third degree if in the course of committing or attempting to commit theft or unauthorized use of a vehicle as defined in ORS 164.135 the person uses or threatens the immediate use of physical force upon another person with the intent of:

      (a) Preventing or overcoming resistance to the taking of the property or to retention thereof immediately after the taking; or

      (b) Compelling the owner of such property or another person to deliver the property or to engage in other conduct which might aid in the commission of the theft or unauthorized use of a vehicle.

      (2) Robbery in the third degree is a Class C felony. [1971 c.743 §148; 2003 c.357 §1]

Notes of Decisions
Cited in 242 cases (39 in the last 5 years), 1973–2026 · leading case: State v. Hall, 966 P.2d 208 (Or. 1998).
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State v. Hall, 966 P.2d 208 (Or. 1998). · cites it 22× “, and GILLETTE, VAN HOOMISSEN, DURHAM and LEESON, JJ. [*] *209 LEESON, Justice. In this criminal case involving multiple charges, a jury convicted defendant of two counts of robbery in the first degree, ORS 164.”
Pereida-Alba v. Coursey, 342 P.3d 70 (Or. 2015). · cites it 14× “415(1)(b) provides that “[a] person commits the crime of robbery in the first degree if the person violates ORS 164.395 [defining third-degree rob- bery] and the person * * * uses or attempts to use a dangerous weapon.”
State v. Rennells, 162 P.3d 1006 (Or. Ct. App. 2007). · cites it 25× “405 provides, in part: “(1) A person commits the crime of robbery in the second degree if the person violates ORS 164.395 and the person: «Hí H * * H« “(b) Is aided by another person actually present.”
United States v. Dunlap, 162 F. Supp. 3d 1106 (D. Or. 2016). · cites it 22× “The Oregon Court of Appeals upheld the defendant’s conviction, holding that: The statute [ORS 164.395] requires that force must be used on the victim.”
State v. White, 211 P.3d 248 (Or. 2009). · cites it 8× “ORS 164.395. [11] The crimes of second- and first-degree robbery then use third-degree robbery as a foundation and build on its elements by identifying additional elements that, if present, make the crime a more serious one.”
State v. Rose, 810 P.2d 839 (Or. 1991). · cites it 8× “415 provides in part: "(1) A person commits the crime of robbery in the first degree if the person violates ORS 164.395 and the person: "* * * * * "(c) Causes or attempts to cause serious physical injury to any person.”
State v. Johnson, 168 P.3d 312 (Or. Ct. App. 2007). · cites it 11× “Defendant appeals a judgment of conviction for robbery in the third degree, ORS 164.395, raising two assignments of error.”
State v. Hamilton, 233 P.3d 432 (Or. 2010). · cites it 8× “ORS 164.395 provides, in part: “(1) A person commits the crime of robbery in the third degree if in the course of committing or attempting to commit theft * * * the person uses or threatens the immediate use of physical force upon another person with the intent of: “(a)…”
State v. Butterfield, 549 P.3d 545 (Or. Ct. App. 2024). · cites it 8× “The parties also do not dispute that third-degree robbery, ORS 164.395, qualifies as “a felony involving the use or threatened imminent use of physical force against a person,” for purposes of determining whether defendant’s use of deadly force in self-defense was justified by C…”
Ludwin Lopez-Aguilar v. William Barr, 948 F.3d 1143 (9th Cir. 2020). · cites it 3× “BARR 9 Or. Rev. Stat. § 164.395 . Section 164.395 incorporates Oregon’s definition of theft, which includes “theft by deception.”
State v. Hall, 942 P.2d 882 (Or. Ct. App. 1997). · cites it 16× “415, robbery in the third degree, ORS 164.395, and felon in possession of a firearm, ORS 166.”
State v. Vance, 591 P.2d 355 (Or. 1979). · cites it 8× “ORS 164.395. It becomes a Class A felony when the robber "(a) Is armed with a deadly weapon; or (b) Uses or attempts to use a dangerous weapon; or (c) Causes or attempts to cause serious physical injury to any person.”
Show all 242 citing cases →
— Or. Rev. Stat. § 164.395(1) — 47 cases
State v. Hall, 966 P.2d 208 (Or. 1998). “, and GILLETTE, VAN HOOMISSEN, DURHAM and LEESON, JJ. [*] *209 LEESON, Justice. In this criminal case involving multiple charges, a jury convicted defendant of two counts of robbery in the first degree, ORS 164.”
United States v. Dunlap, 162 F. Supp. 3d 1106 (D. Or. 2016). “The Oregon Court of Appeals upheld the defendant’s conviction, holding that: The statute [ORS 164.395] requires that force must be used on the victim.”
State v. Hall, 942 P.2d 882 (Or. Ct. App. 1997). “415, robbery in the third degree, ORS 164.395, and felon in possession of a firearm, ORS 166.”
State v. White, 211 P.3d 248 (Or. 2009). “ORS 164.395. [11] The crimes of second- and first-degree robbery then use third-degree robbery as a foundation and build on its elements by identifying additional elements that, if present, make the crime a more serious one.”
State v. Taylor, 434 P.3d 331 (Or. 2019).
— Or. Rev. Stat. § 164.395(1)(a) — 9 cases
State v. Perkins, 607 P.2d 1202 (Or. Ct. App. 1980).
State v. White, 455 P.3d 969 (Or. Ct. App. 2019).
State v. Tolson, 546 P.2d 1115 (Or. Ct. App. 1976).
State v. Rios, 545 P.2d 609 (Or. Ct. App. 1976).
State v. Nebreja, 339 Or. App. 725 (Or. Ct. App. 2025).
— Or. Rev. Stat. § 164.395(1)(b) — 6 cases
Pereida-Alba v. Coursey, 342 P.3d 70 (Or. 2015). “415(1)(b) provides that “[a] person commits the crime of robbery in the first degree if the person violates ORS 164.395 [defining third-degree rob- bery] and the person * * * uses or attempts to use a dangerous weapon.”
State v. Perkins, 607 P.2d 1202 (Or. Ct. App. 1980).
State v. Dillman, 580 P.2d 567 (Or. Ct. App. 1978).
State v. Linthwaite, 628 P.2d 1250 (Or. Ct. App. 1981).
State v. D. J. B., 329 Or. App. 92 (Or. Ct. App. 2023).
— Or. Rev. Stat. § 164.395(2) — 2 cases
United States v. Dunlap, 162 F. Supp. 3d 1106 (D. Or. 2016). “The Oregon Court of Appeals upheld the defendant’s conviction, holding that: The statute [ORS 164.395] requires that force must be used on the victim.”
State v. McKinney, 687 P.2d 167 (Or. Ct. App. 1984).
— Or. Rev. Stat. § 164.395(l)(a) — 6 cases
United States v. Dunlap, 162 F. Supp. 3d 1106 (D. Or. 2016). “The Oregon Court of Appeals upheld the defendant’s conviction, holding that: The statute [ORS 164.395] requires that force must be used on the victim.”
State v. Byam, 393 P.3d 252 (Or. Ct. App. 2017).
State v. Papineau, 630 P.2d 904 (Or. Ct. App. 1981).
State v. Jackson, 596 P.2d 600 (Or. Ct. App. 1979).
State v. Fickes, 584 P.2d 770 (Or. Ct. App. 1978).
— Or. Rev. Stat. § 164.395(l)(b) — 4 cases
Pereida-Alba v. Coursey, 342 P.3d 70 (Or. 2015). “415(1)(b) provides that “[a] person commits the crime of robbery in the first degree if the person violates ORS 164.395 [defining third-degree rob- bery] and the person * * * uses or attempts to use a dangerous weapon.”
State v. Hamilton, 233 P.3d 432 (Or. 2010). “ORS 164.395 provides, in part: “(1) A person commits the crime of robbery in the third degree if in the course of committing or attempting to commit theft * * * the person uses or threatens the immediate use of physical force upon another person with the intent of: “(a)…”
State v. Dillman, 580 P.2d 567 (Or. Ct. App. 1978).
State v. Linthwaite, 628 P.2d 1250 (Or. Ct. App. 1981).
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