Oregon Theft & Property Crime — Charges & Penalties
Theft classifications by value, shoplifting, burglary, and property crime penalties in Oregon.
How Oregon classifies theft §164.015 et seq.
Oregon's theft statutes cover taking another person's property with the intent to permanently deprive them of it §164.015 et seq.. The felony threshold in Oregon is $1,000 (Class C felony for $1,000–$9,999, §164.055; $10,000 or more is aggravated theft in the first degree, a Class B felony, §164.057). Below that threshold, theft is a misdemeanor; above it, a felony.
Theft by value
Types of theft and property crimes
Shoplifting / retail theft
Shoplifting is one of the most commonly charged theft offenses. It includes concealing merchandise, altering price tags, switching containers, and under-ringing at self-checkout. Repeat shoplifting offenses can be enhanced to felonies regardless of the value involved §164.015 et seq..
Theft by deception / fraud
Obtaining property through false pretenses, deception, or misrepresentation. This includes writing bad checks, credit card fraud, identity theft, and confidence schemes. Fraud charges carry additional penalties beyond standard theft under Oregon law §164.015 et seq..
Receiving stolen property
Knowingly receiving, retaining, or disposing of property that has been stolen. The prosecution must prove that you knew or should have known the property was stolen. This is a separate offense from the theft itself.
Burglary
Burglary is entering a building or structure unlawfully with the intent to commit a crime inside — it does not require that anything actually be stolen. Burglary is a felony regardless of the value of any property taken, and residential burglary carries significantly higher penalties than commercial burglary §164.015 et seq..
Robbery
Theft accomplished through force, threat of force, or intimidation. Robbery is always a felony and is classified as a violent crime. Armed robbery — using or threatening with a weapon — carries some of the harshest penalties in the criminal code.
Penalty ranges
Theft penalties in Oregon follow the general classification system:
- Class A misdemeanor: up to 12 months, $6,250 fine
- Class B misdemeanor: up to 6 months, $2,500 fine
- Class C felony: 0–5 years, up to $125,000 fine
- Class Unclassified (Murder/Aggravated Murder) felony: 25 years to life
Restitution
In addition to criminal penalties, courts in Oregon routinely order restitution — requiring the defendant to repay the victim for the value of the stolen property or any financial loss resulting from the offense. Restitution is a separate obligation from fines and is not dischargeable in bankruptcy.
Collateral consequences of theft convictions
- Employment — Theft convictions are particularly damaging in job searches because employers view them as indicators of untrustworthiness
- Professional licensing — Careers in finance, healthcare, law, education, and government may be barred
- Immigration — Theft offenses involving "moral turpitude" can trigger deportation or bar naturalization
- Housing — Landlords routinely screen for property crime convictions
- Civil liability — Many retailers pursue civil recovery lawsuits in addition to criminal charges
Common defenses
- Lack of intent — You did not intend to permanently deprive the owner of the property (borrowing, mistake)
- Claim of right — You had a good-faith belief that you had a right to the property
- Mistaken identity — You were not the person who committed the theft
- Value dispute — The property's value is below the threshold for the charged offense
- Consent — The owner gave you permission to take the property
Expungement eligibility
Certain theft offenses in Oregon may be eligible for Expungement §137.225. Oregon's set-aside statute (ORS 137.225) allows petition-based expungement for eligible convictions, and the applicant must have fully complied with and performed the sentence. Measure 110 (2020) decriminalized small amounts of drugs (since modified in 2024). Eligibility under ORS 137.225(5) reaches misdemeanors, Class C felonies, violations and Class B felonies other than ORS 166.429 violations and person felonies; subsections (6)–(8) exclude sex crimes (with narrow exceptions), certain abuse and child-victim offenses, state and municipal traffic offenses, and applicants with other qualifying convictions in the applicable look-back period. No court filing fee is required under ORS 21.135, but the applicant must pay a Department of State Police criminal record check fee. Whether a specific theft conviction qualifies depends on the offense classification, the outcome, and the time elapsed.
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