Oregon Theft Laws: Felony Threshold, Degrees and Shoplifting (2026)

In Oregon, theft becomes a felony when the property is worth $1,000 or more: under ORS 164.055, theft in the first degree, a Class C felony, applies when "The total value of the property in a single or aggregate transaction is $1,000 or more." Below that line, theft of $100 or more is theft in the second degree (a Class A misdemeanor) and theft under $100 is theft in the third degree (a Class C misdemeanor). Those lines are about to move: House Bill 4041 (2026 Oregon Laws chapter 14) raises the felony line to $1,500 and the third-degree line to $150 for conduct on or after January 1, 2027. For other states, see our guide to theft laws by state.

Information last verified on 2026-10-13. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers Oregon state theft law in ORS Chapter 164 (sections 164.005 through 164.164 and 164.272), the 2026 amendments in 2026 Oregon Laws chapters 14 and 53, the sentencing sections ORS 161.605, 161.615, 161.625, 161.635 and 161.705 and ORS 137.717, the merchant detention rule in ORS 131.655, and the civil shoplifting remedy in ORS 30.875. It does not cover federal theft offenses, city or county ordinances, robbery, burglary, or identity theft and fraud schemes, which have their own pages linked below.

What counts as theft in Oregon

Oregon folds several kinds of taking into one crime. Under ORS 164.015, 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 takes, appropriates, obtains or withholds the property from an owner; commits theft of lost, mislaid or misdelivered property (ORS 164.065); commits extortion (ORS 164.075); commits theft by deception (ORS 164.085); or commits theft by receiving (ORS 164.095).

ORS 164.025(1) then provides: "Except for the crime of extortion, conduct denominated theft under ORS 164.015 constitutes a single offense." Extortion keeps its own grade, a Class B felony under ORS 164.075(2).

To "deprive" someone of property under ORS 164.005(2) means to withhold it "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 to dispose of it "in such manner or under such circumstances as to render it unlikely that an owner will recover such property."

Oregon theft penalties by value

ORS 164.043, 164.045, 164.055 and 164.057 set the degrees. The sentence for each class comes from ORS 161.605 (felony prison terms), 161.615 (misdemeanor jail terms), 161.625 (felony fines) and 161.635 (misdemeanor fines).

The ranges in the table are the ordinary statutory ranges, not a prediction of any sentence. Several Oregon statutes change what a court may or must do within or beyond them:

• Fines based on gain. Under ORS 161.625(3)(a), if a person "has gained money or property through the commission of a felony," the court may instead impose a fine "not exceeding double the amount of the defendant's gain from the commission of the crime." That gain-based fine does not apply to "the felony theft of a companion animal, as defined in ORS 164.055, or a captive wild animal" (ORS 161.625(3)(b)). For misdemeanors, ORS 161.635(3) likewise lets the court, instead of the ordinary fine, impose an amount "not exceeding double the amount of the defendant's gain from the commission of the offense," so the misdemeanor fines in the table are not always the ceiling.
• Repeat property offenders. ORS 137.717 sets presumptive prison sentences for listed property crimes when the person has qualifying prior convictions, described below. Under ORS 137.717(5), the court may not sentence a person under that section "to a term of incarceration that exceeds the period of time described in ORS 161.605."
• Older victims. Under 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 years of age or older at the time of the commission of the offense" and the value stolen from that victim is $10,000 or more.
• Disproportionate impact. ORS 164.063 directs the Oregon Criminal Justice Commission to treat "disproportionate impact" in a first-degree or aggravated theft as an aggravating factor that a court may consider for an upward departure. It applies where the cost to restore property damaged during the theft is more than three times the value of the property stolen, or where the theft "creates a hazard to public health or safety or the environment."
• Misdemeanor judgment for a Class C felony. ORS 161.705 lets the court "enter judgment of conviction for a Class A misdemeanor" for any Class C felony when, "considering the nature and circumstances of the crime and the history and character of the defendant," it "believes that a felony conviction would be unduly harsh."

The 2027 threshold change

2026 Oregon Laws chapter 14 (House Bill 4041) amends the three value lines. Sections 13 to 15 of the act change them as follows:

Section 18 of the act 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." The act does not amend ORS 164.057, so the $10,000 line for aggravated theft stays the same, and the classes of each degree do not change. The Governor approved the act on March 5, 2026.

How value is measured

Under ORS 164.115(1), value "means the market value of the property at the time and place of the crime, or if such cannot reasonably be ascertained, the cost of replacement of the property within a reasonable time after the crime." Checks, drafts and promissory notes are valued at "the amount due or collectible thereon or thereby" (ORS 164.115(2)(a)), and a gambling chip or token at its face value (ORS 164.115(3)).

Two rules can change which degree applies:

• When value "cannot reasonably be ascertained, it shall be presumed to be an amount less than $100 in a case of theft" (ORS 164.115(5)).
• "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" (ORS 164.115(6)). The degree statutes themselves grade by the value "in a single or aggregate transaction."

Thefts that are felonies regardless of value

ORS 164.055(1) makes a theft first-degree theft, a Class C felony, regardless of value when:

• "The theft is committed during a riot, fire, explosion, catastrophe or other emergency in an area affected by the riot, fire, explosion, catastrophe or other emergency";
• "The theft is theft by receiving committed by buying, selling, borrowing or lending on the security of the property";
• "The subject of the theft is a firearm or explosive";
• "The subject of the theft is a livestock animal, a companion animal or a wild animal removed from habitat or born of a wild animal removed from habitat, pursuant to ORS 497.308 (2)(c)";
• "The subject of the theft is a precursor substance"; or
• "During the commission of the theft, the person recklessly engages in conduct that creates a substantial risk of serious physical injury to another person."

The section defines a companion animal as "a dog or cat possessed by a person, business or other entity for purposes of companionship, security, hunting, herding or providing assistance in relation to a physical disability," and a livestock animal as "a ratite, psittacine, horse, gelding, mare, filly, stallion, colt, mule, ass, jenny, bull, steer, cow, calf, goat, sheep, lamb, llama, pig or hog." Fireworks, black powder and small arms ammunition are excluded from "explosive." The 2027 amendment changes only the dollar line in paragraph (1)(a); these value-independent paragraphs stay.

Repeat theft: presumptive prison sentences

The theft degree statutes do not raise the degree for prior convictions. Repeat-offender rules sit in ORS 137.717, which sets presumptive prison sentences "unless the rules of the Oregon Criminal Justice Commission prescribe a longer presumptive sentence":

• Theft in the first degree: 13 months if the person has "A previous conviction for aggravated theft in the first degree under ORS 164.057, organized retail theft under ORS 164.098, unauthorized use of a vehicle under ORS 164.135, burglary in the first degree under ORS 164.225, robbery in the second degree under ORS 164.405, robbery in the first degree under ORS 164.415, possession of a stolen vehicle under ORS 819.300, trafficking in stolen vehicles under ORS 819.310 or aggravated identity theft under ORS 165.803," or "Four or more previous convictions for any combination of crimes listed in subsection (2)." The subsection (2) list begins with theft in the second degree and theft in the first degree (ORS 137.717(1)(c)).
• Aggravated theft in the first degree or organized retail theft: 24 months if the person has a listed prior (aggravated theft in the first degree, organized retail theft, burglary in the first degree, robbery in any degree, or aggravated identity theft), two or more prior convictions from the subsection (2) list, or one such prior when the new crime was committed on supervision or less than three years after supervision ended (ORS 137.717(1)(a)).
• Unauthorized use of a vehicle, mail theft and several other listed crimes: 18 months on similar triggers (ORS 137.717(1)(b)).

Under ORS 137.717(3), the 24-month and 18-month presumptive sentences increase "by two months for each previous conviction" that is on the lists and was not used as a predicate, up to 12 months. ORS 137.717(4) allows a longer term "otherwise required or authorized by law," or a departure sentence under Criminal Justice Commission rules, generally capped at double the presumptive sentence.

Other theft offenses with their own grades

ORS Chapter 164 contains theft-type offenses that set their own grades:

Theft of services has its own aggregation rule: values may be added together for thefts "Against multiple victims by a similar means within a 30-day period" or "Against the same victim, or two or more persons who are joint owners, within a 180-day period" (ORS 164.125(4)). House Bill 4041 does not amend ORS 164.125, so its $100 and $1,000 lines are not part of the 2027 threshold change. A separate 2026 act, House Bill 4089 (2026 Oregon Laws chapter 53), amends ORS 164.125 effective January 1, 2027 so that it covers obtaining services with intent to avoid "full or partial payment"; its grading tiers stay the same.

Shoplifting in Oregon

Oregon has no separate shoplifting crime. ORS Chapter 164's only retail-specific theft offense is organized retail theft (ORS 164.098); ordinary store theft is charged as theft under ORS 164.015 and graded by value like any other theft. Through December 31, 2026, that means a store theft under $100 is a Class C misdemeanor, $100 to under $1,000 a Class A misdemeanor, and $1,000 or more a Class C felony, with the 2027 lines of $150 and $1,500 applying to conduct after that date. Repeated store thefts against the same or different stores within one year may be added together under ORS 164.115(6).

The statutes grade the offense; they do not say what sentence a court will impose for a first offense within those ranges.

Organized retail theft

Under ORS 164.098(1), a person commits 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."

All three elements are required, including acting with another person. Organized retail theft is a Class B felony (ORS 164.098(3)), with an ordinary statutory range of up to 10 years in prison and a fine of up to $250,000, and it triggers the 24-month presumptive sentence in ORS 137.717 for a person with a qualifying prior.

Can a store detain someone suspected of shoplifting?

Under ORS 131.655(1), "a person may be detained in a reasonable manner and for a reasonable time by: (a) A merchant or merchant's employee who has probable cause for believing that the person has committed theft of property of a store or other mercantile establishment." Under ORS 131.655(2), "Probable cause is a defense to any civil or criminal action based on detention and interrogation" brought against a merchant or employee who detained the person in a reasonable manner and for a reasonable time on that basis.

Civil penalties: can a store make you pay after shoplifting?

ORS 30.875 gives a store owner a civil claim with set penalty amounts. An adult or emancipated minor who takes merchandise without consent intending to convert it without paying, or who "alters the price indicia of such merchandise," is "civilly liable to the owner for actual damages, for a penalty to the owner in the amount of the retail value of the merchandise or produce not to exceed $500, and for an additional penalty to the owner of not less than $100 nor more than $250" (ORS 30.875(1)). The same rule covers produce taken from farm property kept for sale.

The rest of the section:

• Parents. The parents having custody of an unemancipated minor are liable for actual damages, a penalty equal to the retail value "not to exceed $250," and an additional penalty of $100 to $250 (ORS 30.875(2)). Foster parents are not liable under that subsection for children in their care who are not related to them by blood or marriage.
• No conviction needed. "A conviction for theft is not a condition precedent to the maintenance of a civil action under this section" (ORS 30.875(3)).
• Written demand. The right to sue "shall not limit the right of the owner or seller to demand, in writing, that a person who is liable for damages under this section remit said damages prior to the commencement of any legal action" (ORS 30.875(6)).
• Court and deadline. The owner may sue in any court of competent jurisdiction, including small claims when the total is within its limit (ORS 30.875(5)), and the action "must be commenced within three years after the merchandise or agricultural produce is taken" (ORS 30.875(9)).

These provisions set what an owner can recover; they do not say how a particular demand letter should be answered. A lawyer licensed in Oregon can advise on a specific letter.

Recent changes to Oregon theft law

• Higher value thresholds (January 1, 2027). 2026 Oregon Laws chapter 14 (HB 4041), approved March 5, 2026, raises the theft degree lines to $150 and $1,500 for conduct on or after January 1, 2027, as shown in the table above.
• Theft of services, partial payment (January 1, 2027). 2026 Oregon Laws chapter 53 (HB 4089), approved March 31, 2026, amends ORS 164.125 to cover intent to avoid "full or partial payment," effective January 1, 2027.
• 2023 amendments. The history notes to ORS 164.055, 164.098 and 164.115 list amendments by 2023 Oregon Laws chapter 151; the current text of each section is the one quoted on this page.

Related legal issues

A theft charge often sits next to other questions. Theft by deception overlaps with fraud and scams, covered in Oregon scam and fraud laws. Misuse of another person's identifying information is covered in Oregon identity theft laws. Whether an old theft conviction can be set aside is covered in Oregon expungement laws, and the time limits for bringing charges are in our guide to the Oregon statute of limitations.

Federal theft offenses are covered on our theft laws by state hub.

Related

• Theft laws by state
• Oregon scam and fraud laws
• Oregon identity theft laws
• Oregon expungement laws
• Oregon statute of limitations

This page provides general legal information about Oregon theft statutes as of October 13, 2026. It is not legal advice. For advice about a specific situation, contact a lawyer licensed in Oregon.

Last updated: 2026-10-13.

Frequently Asked Questions

What is the felony theft amount in Oregon?

Through December 31, 2026, theft is a Class C felony (theft in the first degree) when the property is worth $1,000 or more (ORS 164.055). For conduct on or after January 1, 2027, 2026 Oregon Laws chapter 14 raises that line to $1,500.

Is stealing $1,000 a felony in Oregon?

For conduct through December 31, 2026, yes: ORS 164.055 uses the words $1,000 or more, so theft of exactly $1,000 is theft in the first degree, a Class C felony with an ordinary statutory range of up to 5 years and a fine up to $125,000. For conduct on or after January 1, 2027, $1,000 falls in theft in the second degree, a Class A misdemeanor, because the felony line becomes $1,500.

What is petty theft in Oregon?

Oregon's statutes do not use the term petty theft. Theft under $100 is theft in the third degree, a Class C misdemeanor (up to 30 days and a $1,250 fine), and theft of $100 to under $1,000 is theft in the second degree, a Class A misdemeanor (up to 364 days and a $6,250 fine). Those lines become $150 and $1,500 for conduct on or after January 1, 2027.

Is shoplifting a felony in Oregon?

Oregon charges shoplifting as theft, so it is a felony when the merchandise is worth $1,000 or more (the line becomes $1,500 on January 1, 2027) or when another first-degree rule applies. Organized retail theft, taking more than $5,000 in merchandise within 180 days while acting with another person, is a Class B felony (ORS 164.098).

Is stealing a gun a felony in Oregon?

Yes. Under ORS 164.055(1)(d), theft of a firearm or explosive is theft in the first degree, a Class C felony, regardless of value.

What is aggravated theft in Oregon?

Aggravated theft in the first degree is first-degree theft of property worth $10,000 or more, other than a motor vehicle used primarily for personal transportation. It is a Class B felony (ORS 164.057), and when the victim was 65 or older and lost $10,000 or more, ORS 164.061 requires a sentence of 16 to 45 months depending on criminal history.

Can a store sue for shoplifting in Oregon?

Yes. Under ORS 30.875, an adult can be liable for actual damages, a penalty equal to the retail value up to $500, and an additional $100 to $250, and no theft conviction is required. The store may demand payment in writing before suing and must sue within three years.

Can an Oregon store detain a suspected shoplifter?

A merchant or employee with probable cause to believe a person committed theft of store property may detain the person in a reasonable manner and for a reasonable time, and probable cause is a defense to a civil or criminal action over that detention (ORS 131.655).