The Oregon Shoplifting Laws and Sentences Guide

Whether you're a resident of the Beaver State or just curious about Oregon shoplifting laws, this blog post will provide you with a detailed overview of the legal framework surrounding theft offenses in Oregon. From understanding the elements that constitute shoplifting to delving into the potential consequences and penalties that individuals may face upon conviction, we've got you covered. Join us as we navigate through the nuances of Oregon's shoplifting laws, shedding light on the various factors that influence charges and sentences in these cases. 

If you live in the Portland area and need a lawyer to help you, give us a call at 503-372-6244 or click the button below to get a free consultation. We’re based in Beaverton and serve Clackamas County, Hillsboro, Washington County, and more.

Oregon Shoplifting Laws 

Oregon's shoplifting laws are designed to address theft offenses and protect the rights of both businesses and consumers. Shoplifting, often referred to as "theft in the third degree" in Oregon, encompasses a range of actions aimed at wrongfully obtaining goods or merchandise from a retail establishment without paying the full value. This can involve altering price tags, concealing items, or simply walking out of the store with unpaid merchandise. The state's statutes recognize shoplifting as a form of theft, which is broadly defined as the unlawful taking of another person's property with the intent to deprive them of its possession. 

Portland Retail Theft Laws 

Portland, as part of Oregon, adheres to the state's laws regarding retail theft, which are outlined in the Oregon Revised Statutes (ORS) Chapter 164. Shoplifting is treated similarly in Portland as it is in the rest of the state. 

ORS Theft 1 

ORS Theft in the First Degree or ORS 164.055, is a criminal offense in the state of Oregon. It’s the most serious theft charge and is reserved for cases involving high-value stolen property or certain aggravating factors. Theft in the First Degree occurs when an individual knowingly takes, exercises control over, or obtains someone else's property with the intent to deprive the owner of its possession, and the value of the stolen property exceeds a certain threshold, or the property is a firearm. 

The specifics of what constitutes Theft in the First Degree can vary, but some common scenarios that could lead to this charge include stealing property valued at $1,000 or more, stealing property directly from another person, or stealing a firearm. 

Penalties for Theft in the First Degree can be severe and may include imprisonment, fines, restitution to the victim, and a permanent criminal record. The specific penalties depend on various factors, including the value of the stolen property and the individual's criminal history. 

ORS Theft 2 

ORS Theft in the Second Degree, commonly referred to as ORS 164.045, is a criminal offense in Oregon that pertains to theft of property in specific circumstances. This offense is less severe than Theft in the First Degree but still carries significant legal consequences. 

ORS 164.045 encompasses various scenarios, including: 

1. Theft of property valued between $100 and $1,000. 

2. Theft of certain types of property, such as livestock, firearms, and controlled substances, regardless of their value. 

3. Theft committed by receiving, retaining, or disposing of stolen property. 

Penalties for Theft in the Second Degree can include imprisonment, fines, restitution to the victim, and a criminal record. The severity of the penalties depends on factors such as the value of the stolen property and the individual's prior criminal history. 

ORS Theft 3 

ORS Theft in the Third Degree, often referred to as ORS 164.043, is a criminal offense in Oregon that addresses theft of property involving lower monetary values. This offense is less serious than Theft in the First or Second Degree, but it still carries legal ramifications. 

ORS 164.043 encompasses various situations, including:

1. Theft of property valued at less than $100. 

2. Theft of certain types of property, such as public transportation services, library materials, and mail, regardless of their value.

3. Theft committed by receiving, retaining, or disposing of stolen property. 

Penalties for Theft in the Third Degree can include fines, potential community service, and a criminal record. While this offense is generally considered a misdemeanor, the exact penalties can vary based on factors such as the value of the stolen property and the individual's criminal history.

Aggravated Theft in Oregon 

Aggravated theft in Oregon involves more serious circumstances than traditional theft offenses and is governed by the Oregon Revised Statutes Chapter 164. Aggravated theft occurs when theft is committed under specific conditions that elevate the offense to a higher level of severity. These conditions can include the nature of the stolen property, the method of theft, or the value of the property. 

Aggravated theft is categorized into three degrees, each with varying thresholds and circumstances: 

● Aggravated Theft in the First Degree (ORS 164.057): This is the most severe form of aggravated theft. It involves theft of property exceeding $10,000 in value, theft committed through a burglary, or theft of a firearm. Aggravated Theft in the First Degree is a Class B felony and can result in substantial fines, restitution, and imprisonment. 

● Aggravated Theft in the Second Degree (ORS 164.055): This offense applies when the stolen property is valued between $1,000 and $10,000, or when the property is a livestock animal. It’s also classified as a Class C felony, carrying potential fines and imprisonment. 

● Aggravated Theft in the Third Degree (ORS 164.057): This degree covers theft of property valued at $1,000 or more, theft of certain types of property (like firearms or explosive materials), or theft by a person with a prior theft conviction. Aggravated Theft in the Third Degree is a Class D felony with corresponding penalties.

The Oregon Shoplifting Laws Conclusion 

At Powell Law, we understand the complexities and potential repercussions that come with facing shoplifting or other theft charges in Oregon. Our experienced team of legal professionals is dedicated to providing comprehensive and strategic guidance tailored to your unique situation. With a deep understanding of Oregon's theft laws and a successful track record, we are committed to defending your rights and pursuing the best possible resolution for your case.

*Nothing herein constitutes legal advice. You should obtain independent legal counsel regarding your specific factual situation.