***BACK PAGE***
THEFT, ORGANIZED RETAIL
164.098 Organized retail theft. (1) A person commits the crime of 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 90-day period exceeds $5,000.
(2) As used in this section:
(a) “Merchandise” has the meaning given that term in ORS 30.870.
(b) “Mercantile establishment” has the meaning given that term in ORS 30.870.
(3) Organized retail theft is a Class B felony.
164.015 “Theft” described. 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;
(2) Commits theft of property lost, mislaid or delivered by mistake as provided in ORS 164.065;
(3) Commits theft by extortion as provided in ORS 164.075;
(4) Commits theft by deception as provided in ORS 164.085; or
(5) Commits theft by receiving as provided in ORS 164.095.
30.870 Definitions for ORS 30.870 and 30.875. As used in this section and ORS 30.875:
(1) “Agricultural produce” means any plant including, but not limited to, trees, or animals, kept, grown or raised upon real property, and the products of those plants and animals.
(2) “Mercantile establishment” means any place where merchandise is displayed, held or offered for sale, either at retail or wholesale.
(3) “Merchandise” means all things movable and capable of manual delivery.
(4) “Owner” means any person who owns or operates a mercantile establishment or farm, or the agents or employees of that person