Oregon Embezzlement Laws: Theft, Misapplication and Forgery (2026)

Oregon's criminal code has no offense named embezzlement. Keeping or diverting money or property entrusted to someone is theft under ORS 164.015, which covers a person who "Takes, appropriates, obtains or withholds" property with intent to deprive the owner, and it is generally a felony when the value is $1,000 or more (theft in the first degree, ORS 164.055).

A separate offense, misapplication of entrusted property (ORS 165.095), reaches fiduciaries and holders of government or financial-institution property as a Class A misdemeanor. Forgery is a Class A misdemeanor in the second degree and a Class C felony in the first degree (ORS 165.007, 165.013). For other states, see our guide to embezzlement and forgery laws by state.

Information last verified on 2026-10-18. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers the Oregon Revised Statutes on theft as it applies to embezzlement (ORS 164.005, 164.015, 164.025, 164.035, 164.055, 164.057, 164.061, 164.063, 164.115), theft of services (164.125), misapplication of entrusted property (165.095), public-servant offenses in chapter 162 and office consequences (236.010, 137.281), criminal mistreatment of elderly and dependent persons (163.205), bank insider offenses (706.725, 706.990), the forgery and related fraud offenses in chapter 165, sentencing (161.605 to 161.705, 137.010, 137.717) and time limits (131.125, 131.145), plus the 2026 acts that change theft from January 1, 2027. It does not cover the full theft value table (see Oregon theft laws), identity theft, scams and victim reporting, federal offenses, civil lawsuits beyond the one elder-abuse remedy named below, or local ordinances.

What is embezzlement in Oregon?

Embezzlement is a way of committing theft. ORS 164.015 provides that a person commits theft when, "with intent to deprive another of property or to appropriate property to the person or to a third person, the person: (1) Takes, appropriates, obtains or withholds such property from an owner thereof." Oregon folds embezzlement into this consolidated offense through the words "appropriates" and "withholds," which the chapter defines.

ORS 164.005 defines the key terms:

• Appropriate means to "(a) Exercise control over property of another, or to aid a third person to exercise control over property of another, permanently or for so extended a period or under such circumstances as to acquire the major portion of the economic value or benefit of such property; or (b) Dispose of the property of another for the benefit of oneself or a third person."
• Deprive means to "(a) Withhold property of another or cause property of another to be withheld from that person permanently or for so extended a period or under such circumstances that the major portion of its economic value or benefit is lost to that person; or (b) Dispose of the property in such manner or under such circumstances as to render it unlikely that an owner will recover such property."
• Owner means "any person who has a right to possession thereof superior to that of the taker, obtainer or withholder," and property means "any article, substance or thing of value, including, but not limited to, money, tangible and intangible personal property, real property, choses-in-action, evidence of debt or of contract."

One theft offense

ORS 164.025(1) states that "Except for the crime of extortion, conduct denominated theft under ORS 164.015 constitutes a single offense." An accusation of theft "is sufficient if it alleges that the defendant committed theft of property of the nature or value required for the commission of the crime charged without designating the particular way or manner in which the theft was committed" (164.025(2)).

A statutory defense

ORS 164.035(1) provides: "In a prosecution for theft it is a defense that the defendant acted under an honest claim of right, in that: (a) The defendant was unaware that the property was that of another; or (b) The defendant reasonably believed that the defendant was entitled to the property involved or had a right to acquire or dispose of it as the defendant did."

Where the word embezzle appears

• Mail theft (ORS 164.162). A person who intentionally "Secretes, embezzles or destroys mail or any article contained therein" commits mail theft or receipt of stolen mail, a Class C felony.
• Life settlements (ORS 744.369(13)). Outside the criminal code, the insurance title provides that "A person may not embezzle, steal, misappropriate or convert moneys, funds, premiums, credits or other property of a life settlement provider, insurer, insured, owner, insurance policyowner or any other person engaged in the business of life settlements or insurance."

Is embezzlement a felony in Oregon?

Generally yes once the value reaches $1,000. Theft in the first degree under ORS 164.055 applies when "The total value of the property in a single or aggregate transaction is $1,000 or more," or when the theft fits one of the section's other categories (for example, a firearm or explosive, or theft during a riot or emergency). It is a Class C felony. Aggravated theft in the first degree under ORS 164.057 applies when the theft in the first degree involves property "other than a motor vehicle used primarily for personal rather than commercial transportation" and the value "in a single or aggregate transaction is $10,000 or more." It is a Class B felony.

Below $1,000, theft in the second degree ($100 or more and less than $1,000) is a Class A misdemeanor and theft in the third degree (less than $100) is a Class C misdemeanor (ORS 164.045, 164.043). For every theft tier, see Oregon theft laws.

Adding thefts together

ORS 164.115(6): "The value of single theft transactions may be added together if the thefts were committed against the same or multiple victims within a one-year period." When value "cannot reasonably be ascertained, it shall be presumed to be an amount less than $100 in a case of theft" (164.115(5)).

Misapplication of entrusted property (ORS 165.095)

A person commits this offense "if, with knowledge that the misapplication is unlawful and that it involves a substantial risk of loss or detriment to the owner or beneficiary of such property, the person intentionally misapplies or disposes of property that has been entrusted to the person as a fiduciary or that is property of the government or a financial institution." It is a Class A misdemeanor, with no value tiers.

Diverting labor or equipment (ORS 164.125)

Theft of services under ORS 164.125(1)(b) covers a person who, "Having control over the disposition of labor or of business, commercial or industrial equipment or facilities of another," uses or diverts them to the person's own use or a third person's "with intent to derive for the person or the third person a commercial benefit to which the person or the third person is not entitled." It is graded by the aggregate value of the services: a Class C misdemeanor under $100, a Class A misdemeanor from $100 to under $1,000, a Class C felony at $1,000 or more and a Class B felony at $10,000 or more (164.125(5)). Transactions may be added together when committed against multiple victims by a similar means within 30 days, or against the same victim, or joint owners, within 180 days (164.125(4)).

Older and dependent victims

Oregon reaches financial abuse of older and dependent people through several provisions:

• Criminal mistreatment in the first degree (ORS 163.205). A person who, "in violation of a legal duty to provide care for a dependent person or elderly person, or having assumed the permanent or temporary care, custody or responsibility for the supervision of a dependent person or elderly person," intentionally or knowingly "Hides the dependent person's or elderly person's money or property or takes the money or property for, or appropriates the money or property to, any use or purpose not in the due and lawful execution of the person's responsibility," or "Takes charge of a dependent or elderly person for the purpose of fraud," commits a Class C felony. An "elderly person" is "a person 65 years of age or older," and a "dependent person" is one who "because of either age or a physical or mental disability is dependent upon another to provide for the person's physical needs." Under ORS 137.225(6), this conviction cannot be set aside when the victim was 65 or older.
• Aggravated theft against a victim 65 or older (ORS 164.061). When a person is convicted of aggravated theft in the first degree, "the court shall sentence the person to a term of incarceration ranging from 16 months to 45 months, depending on the person's criminal history," if the victim was 65 or older at the time and the value stolen from that victim, in a single or aggregate transaction, is $10,000 or more.
• Longer time to prosecute. For a victim 65 or older at the time of the crime, theft in the first degree, aggravated theft, extortion, robbery, forgery in the first degree, felony fraudulent use of a credit card and identity theft "may be commenced within six years after the commission of the crime" (ORS 131.125(7)). Criminal mistreatment in the first degree under ORS 163.205 also carries a six-year period after commission whether or not the victim is 65 or older, with a different period when the victim was under 18 (ORS 131.125(3)(b)).
• Civil remedy. ORS 124.100 and 124.110 let a vulnerable person, which includes an "elderly person," defined as "a person 65 years of age or older," sue for financial abuse "When a person wrongfully takes or appropriates money or property of a vulnerable person, without regard to whether the person taking or appropriating the money or property has a fiduciary relationship with the vulnerable person."

For warning signs and reporting, see our guide to elder financial exploitation.

Public servants and public money

Oregon reaches public money through the theft statutes and ORS 165.095, which covers "property of the government," and through these public-servant offenses in chapter 162:

• Official misconduct in the first degree (ORS 162.415). A public servant who, "With intent to obtain a benefit or to harm another," knowingly fails to perform a duty imposed by law or one clearly inherent in the office, or knowingly performs an unauthorized exercise of official duties: a Class A misdemeanor.
• Official misconduct in the second degree (ORS 162.405). A public servant who "knowingly violates any statute relating to the office": a Class C misdemeanor.
• Misuse of confidential information (ORS 162.425). A public servant who uses nonpublic official information to acquire or help another acquire a pecuniary interest in property, a transaction or an enterprise it may affect: a Class B misdemeanor.
• Tampering with public records (ORS 162.305). Knowingly destroying, concealing, making a false entry in or falsely altering a public record without lawful authority: a Class A misdemeanor, or a Class C felony for Oregon State Lottery records.
• Public investment fraud (ORS 162.117). Knowingly making any false statement or report "for the purpose of influencing in any way the action of the State Treasury": a Class B felony, classified as crime category 6 of the sentencing guidelines grid.

When an offense "is based upon misconduct in office by a public officer or employee, prosecution may be commenced at any time while the defendant is in public office or employment or within two years thereafter, but in no case shall the period of limitation otherwise applicable be extended by more than three years" (ORS 131.125(9)(b)).

On public pensions, ORS 238.447(1) provides that any PERS or OPSRP retirement allowance, pension payment, lump sum or other distribution "payable under this chapter or ORS chapter 238A to a person convicted of a felony is subject to execution, garnishment, attachment or other process to collect, and may be assigned to satisfy," the restitution or compensatory-fine portion of the criminal judgment. It applies to felony conduct on or after October 8, 2013. An office becomes vacant when the incumbent "is convicted of an infamous crime, or any offense involving the violation of the oath of the incumbent" (ORS 236.010(1)(c)), and a person sentenced to incarceration for a felony may not hold a public office or an office of a political party, or be a candidate for either, from sentencing until release or until the conviction is set aside (ORS 137.281(1), (3)(a)).

Banks and financial institutions

Besides ORS 165.095, which covers property of a financial institution, ORS 706.725 bars an officer, director, stockholder or employee of an Oregon operating institution from knowingly making a false statement to the Director of the Department of Consumer and Business Services or a false entry in the institution's books, exhibiting false papers to examiners with intent to deceive, publishing false reports or minutes, or making improper entries "with intent to deceive or conceal the true condition" of the institution. "Violation of ORS 706.725 is a Class C felony" (ORS 706.990).

Forgery in Oregon

Key definitions (ORS 165.002)

• Written instrument: "any paper, document, instrument, article or electronic record containing written or printed matter or the equivalent thereof, whether complete or incomplete, used for the purpose of reciting, embodying, conveying or recording information or constituting a symbol or evidence of value, right, privilege or identification, which is capable of being used to the advantage or disadvantage of some person." A "signature" includes an electronic signature.
• Falsely make: "to make or draw a complete written instrument in its entirety, or an incomplete written instrument which purports to be an authentic creation of its ostensible maker, but which is not, either because the ostensible maker is fictitious or because, if real, the ostensible maker did not authorize the making or drawing thereof."
• Falsely complete and falsely alter cover adding to an incomplete instrument, or changing one by erasure, deletion, insertion or any other means, "without the authority of anyone entitled to grant it," so that it falsely appears to be the authentic creation of its maker.
• Utter: "to issue, deliver, publish, circulate, disseminate, transfer or tender a written instrument or other object to another."

Forgery in the second degree: Class A misdemeanor

Under ORS 165.007, a person commits forgery in the second degree if, "with intent to injure or defraud, the person: (a) Falsely makes, completes or alters a written instrument; or (b) Utters a written instrument which the person knows to be forged." Uttering is part of the forgery offense itself.

Forgery in the first degree: Class C felony

Forgery becomes first degree under ORS 165.013 when the instrument "is or purports to be" any of these:

• part of an issue of money, securities, postage or revenue stamps, or other valuable instruments issued by a government;
• part of an issue of stock, bonds or other instruments representing interests in or claims against property or a person;
• a deed, will, codicil, contract or assignment;
• "A check for $1,000 or more, a credit card purchase slip for $1,000 or more, or a combination of checks and credit card purchase slips that, in the aggregate, total $1,000 or more, or any other commercial instrument or other document that does or may evidence, create, transfer, alter, terminate or otherwise affect a legal right, interest, obligation or status";
• a public record.

It is also first degree when the person falsely makes, completes or alters, or utters, at least 15 retail sales receipts or Universal Product Code or EAN labels. Single check or credit card transactions may be added together if committed "Against multiple victims within a 30-day period" or "Against the same victim within a 180-day period" (165.013(2)).

Possession, devices and simulation

• Criminal possession of a forged instrument (ORS 165.017, 165.022). Possessing a forged instrument "knowing it to be forged and with intent to utter same" is a Class A misdemeanor in the second degree, and a Class C felony in the first degree when the instrument is of the kind and amount listed in 165.013(1).
• Criminal possession of a forgery device (ORS 165.032). Making or possessing a plate, die or other device "specifically designed for use in counterfeiting or otherwise forging written instruments," or any capable device with intent to use it for forgery: a Class C felony.
• Unlawful factoring of a payment card transaction (ORS 165.074). Presenting payment card transaction records that are not the result of a real transaction with the cardholder, or using a scanning device or re-encoder to copy card data without the cardholder's permission or with intent to defraud: a Class C felony, or a Class B felony with a previous conviction under the section.
• Personal identification devices and fictitious IDs (ORS 165.810, 165.813). Possessing a device used to manufacture or print driver licenses, government or employee ID cards, or credit or debit cards, with intent to use it to commit a crime, is a Class C felony, as is possessing an identification card for a fictitious person with intent to use it to commit a crime (165.813 has an affirmative defense for a person under 21 who held it solely to buy alcohol, tobacco products or inhalant delivery systems).
• Criminal simulation (ORS 165.037). Making or altering an object, with intent to defraud, "in such a manner that it appears to have an antiquity, rarity, source or authorship that it does not in fact possess," or uttering or possessing such an object: a Class A misdemeanor.

Signatures and documents obtained by deception

• Fraudulently obtaining a signature (ORS 165.042). Obtaining "the signature of a person to a written instrument by knowingly misrepresenting any fact," with intent to defraud or injure another: a Class A misdemeanor.
• Obtaining execution of documents by deception (ORS 165.102). Obtaining "by means of fraud, deceit or subterfuge the execution of a written instrument affecting or purporting to affect the pecuniary interest of any person," with intent to defraud or injure another or to acquire a substantial benefit: a Class A misdemeanor.

If a forged or altered check was used against you, our guide to mail theft and check washing covers the victim side.

Related fraud offenses

• Falsifying business records (ORS 165.080). With intent to defraud, making a false entry, altering or destroying a true entry, failing to make a true entry the person has a known duty to make, or preventing a true entry in an enterprise's business records: a Class A misdemeanor.
• Issuing a false financial statement (ORS 165.100): a Class A misdemeanor.
• Fraudulent use of a credit card (ORS 165.055). A Class A misdemeanor when the aggregate total obtained or attempted is less than $1,000 and a Class C felony at $1,000 or more; transactions may be added together within 30 days (multiple victims) or 180 days (same victim).
• Negotiating a bad check (ORS 165.065). Making, drawing or uttering a check "knowing that it will not be honored by the drawee" is a Class A misdemeanor, enhanced to a Class C felony "if at the time of sentencing it is established beyond a reasonable doubt that the person has been convicted in this state, within the preceding five years, of the crime of negotiating a bad check or of theft by deception by means of a bad check."
• Money laundering (ORS 164.172). Knowingly engaging in a financial transaction in property worth more than $10,000 that the person knows is derived from unlawful activity: a Class C felony, and the court may add a fine equal to the value of the property.

Oregon embezzlement and forgery offenses at a glance

The felony maximums come from ORS 161.605 ("For a Class B felony, 10 years," "For a Class C felony, 5 years") and the fines from ORS 161.625(1); misdemeanor terms and fines come from ORS 161.615 and 161.635. See Oregon felony classes and misdemeanor penalties for every class.

Sentencing, repeat offenders and reductions

Felony terms in ORS 161.605 are "The maximum term of an indeterminate sentence of imprisonment." For felonies committed on or after November 1, 1989, courts sentence "in accordance with rules of the Oregon Criminal Justice Commission unless otherwise specifically provided by law" (ORS 137.010(1)). For other offenses, the court may suspend imposition or execution of part of a sentence and impose probation "for a definite or indefinite period of not more than five years" (137.010(3)-(4)).

Fines tied to the gain. Instead of the class fine, a court may impose a fine "not exceeding double the amount of the defendant's gain from the commission of the crime" (ORS 161.625(3)(a); 161.635(3) for misdemeanors). "Gain" is the money or property derived from the felony, "less the amount of money or the value of property returned to the victim of the crime or seized by or surrendered to lawful authority before the time sentence is imposed" (161.625(4)).

Repeat property offenders (ORS 137.717). The statute sets presumptive prison terms, "unless the rules of the Oregon Criminal Justice Commission prescribe a longer presumptive sentence":

• 13 months for theft in the first degree or identity theft, if the person has a previous conviction for aggravated theft in the first degree, organized retail theft, unauthorized use of a vehicle, burglary in the first degree, robbery in the second or first degree, possession of or trafficking in a stolen vehicle, or aggravated identity theft, or has four or more previous convictions for any combination of the property crimes listed in 137.717(2) (which include theft in the first and second degree, both degrees of forgery and of possession of a forged instrument, and fraudulent use of a credit card).
• 18 months for forgery in the first degree, criminal possession of a forged instrument in the first degree, felony fraudulent use of a credit card, mail theft and other listed crimes, if the person has a previous conviction for one of the crimes named in 137.717(1)(b)(A), two or more previous convictions for any combination of the crimes in 137.717(2), or a previous conviction for a crime in 137.717(2) where the current crime was committed while on supervision for it or less than three years after supervision ended.
• 24 months for aggravated theft in the first degree, organized retail theft, burglary in the first degree or aggravated identity theft, on the same three kinds of prior-conviction conditions, with the qualifying single prior convictions listed in 137.717(1)(a)(A).

Aggravating factor. For theft in the first degree or aggravated theft, ORS 164.063 directs the Criminal Justice Commission to treat "disproportionate impact" (restoration cost more than three times the value taken, or a hazard to public health, safety or the environment) as an aggravating factor a court may consider for an upward departure.

Reduction to a misdemeanor. ORS 161.705(1) provides that "the court may enter judgment of conviction for a Class A misdemeanor and make disposition accordingly" when a person is convicted of any Class C felony and "The court, considering the nature and circumstances of the crime and the history and character of the defendant, believes that a felony conviction would be unduly harsh."

Time limits for prosecution

ORS 131.125(8) sets the general periods, "Except as provided in subsection (9) of this section or as otherwise expressly provided by law": "(a) For any other felony, three years. (b) For any misdemeanor, two years. (c) For a violation, six months." Time starts "on the day after the offense is committed" (ORS 131.145(1)).

Three longer periods matter for embezzlement-type cases:

• Fraud or fiduciary breach (131.125(9)(a)). "If the offense has as a material element either fraud or the breach of a fiduciary obligation, prosecution may be commenced within one year after discovery of the offense by an aggrieved party or by a person who has a legal duty to represent an aggrieved party and who is not a party to the offense, but in no case shall the period of limitation otherwise applicable be extended by more than three years."
• Criminal mistreatment in the first degree (131.125(3)(b)). Six years after commission, including the caregiver offense of taking or appropriating an elderly or dependent person's money or property.
• Victims 65 or older (131.125(7)). Six years after commission for theft in the first degree, aggravated theft in the first degree, extortion, robbery in any degree, forgery in the first degree, felony fraudulent use of a credit card and identity theft.

The period does not run while the accused "is not an inhabitant of or usually resident within this state" or "hides within the state so as to prevent process being served" (ORS 131.145(2)). Civil filing deadlines are different; see the Oregon statute of limitations guide.

Recent and upcoming changes

• Upcoming, January 1, 2027: higher theft lines (Oregon Laws 2026, chapter 14, HB 4041). Approved March 5, 2026, the act raises theft in the third degree to "less than $150," theft in the second degree to "$150 or more and less than $1,500," and theft in the first degree to "$1,500 or more." Section 18 provides that these amendments "become operative on January 1, 2027" and "apply to conduct constituting, or alleged to constitute, a criminal offense occurring on or after January 1, 2027." Conduct before that date stays under the current $100 and $1,000 lines. The act's operative-date section names ORS 164.043, 164.045, 164.055, 164.354 and 164.365; aggravated theft at $10,000 and the $1,000 check line for first-degree forgery are not among them.
• Upcoming, January 1, 2027: theft of services (Oregon Laws 2026, chapter 53, HB 4089). Approved March 31, 2026, with an effective date of January 1, 2027, the act amends ORS 164.125(1)(a) to cover obtaining services "with intent to avoid full or partial payment" (the current text reads "With intent to avoid payment therefor") and adds a section stating that a theft-of-services prosecution does not preclude a civil action or administrative proceeding for wages, compensation, penalties, damages or other remedies. The diversion offense in 164.125(1)(b) and the value grades are already in force and are unchanged.
• September 26, 2025: theft defenses (Oregon Laws 2025, chapter 159, HB 3604). The act amended ORS 164.035 to add a defense for animal-holding agencies; the honest-claim-of-right defense in subsection (1) is unchanged.

Federal law separately reaches embezzlement from banks and federal programs and mail or wire fraud schemes; those offenses are covered on our embezzlement and forgery laws by state hub. If a fraud scheme targeted you, our Oregon scam and fraud laws guide explains where to report it, and Oregon identity theft laws covers ORS 165.800 and 165.803.

Related pages

• Embezzlement and forgery laws by state
• Oregon theft laws
• Oregon felony classes and misdemeanor penalties
• Oregon scam and fraud laws
• Elder financial exploitation

This article provides general legal information about Oregon law and is not legal advice. For advice about a specific situation, contact a lawyer licensed in Oregon.

Last updated: 2026-10-18.

Frequently Asked Questions

Is embezzlement a felony in Oregon?

Embezzlement is charged as theft, which is generally a felony when the value is $1,000 or more in a single or aggregate transaction (theft in the first degree, Class C) and a Class B felony at $10,000 or more (ORS 164.055, 164.057). For conduct on or after January 1, 2027, the felony line becomes $1,500.

What is the penalty for embezzlement in Oregon?

The statutory maximums are 5 years and a $125,000 fine for a Class C felony and 10 years and a $250,000 fine for a Class B felony (ORS 161.605, 161.625), or a fine up to double the gain. Actual felony sentences follow Oregon Criminal Justice Commission rules (ORS 137.010(1)).

What is the difference between embezzlement and theft in Oregon?

Oregon does not separate them. ORS 164.025 makes conduct denominated theft under 164.015 a single offense (except extortion), and an accusation of theft need not designate the particular way or manner in which the theft was committed.

What is misapplication of entrusted property in Oregon?

Under ORS 165.095 it is intentionally misapplying or disposing of property entrusted as a fiduciary, or property of the government or a financial institution, with knowledge that it is unlawful and involves a substantial risk of loss or detriment to the owner or beneficiary. It is a Class A misdemeanor.

Is forgery a felony in Oregon?

Forgery in the first degree is a Class C felony when the instrument is money, securities, stamps, stock or bonds, a deed, will, codicil, contract or assignment, a check or credit card slip of $1,000 or more, another commercial instrument or a public record, or when 15 or more retail receipts or product labels are involved (ORS 165.013). Other forgery is forgery in the second degree, a Class A misdemeanor (ORS 165.007).

Is signing someone else’s name a crime in Oregon?

Under ORS 165.002(4), a written instrument is falsely made when it purports to be the authentic creation of its ostensible maker but is not, because the maker is fictitious or, if real, did not authorize it. Forgery also requires intent to injure or defraud (ORS 165.007).

Is there a statute of limitations for embezzlement in Oregon?

Yes. A felony generally must be prosecuted within three years and a misdemeanor within two (ORS 131.125(8)). If fraud or breach of a fiduciary obligation is a material element, prosecution may begin within one year after discovery by an aggrieved party, but the period cannot be extended by more than three years (131.125(9)(a)). Criminal mistreatment in the first degree, and listed felonies such as first-degree theft against a victim 65 or older, have six years after commission (131.125(3)(b), (7)).