Oregon Statutes 164.005 – Definitions
As used in chapter 743, Oregon Laws 1971, unless the context requires otherwise:
Terms Used In Oregon Statutes 164.005
- Contract: A legal written agreement that becomes binding when signed.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- Personal property: All property that is not real property.
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
(1) ‘Appropriate property of another to oneself or a third person‘ or ‘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.
(2) ‘Deprive another of property’ or ‘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.
(3) ‘Obtain’ includes, but is not limited to, the bringing about of a transfer or purported transfer of property or of a legal interest therein, whether to the obtainer or another.
(4) ‘Owner of property taken, obtained or withheld’ or ‘owner’ means any person who has a right to possession thereof superior to that of the taker, obtainer or withholder.
(5) ‘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. [1971 c.743 § 121]
Legislative Counsel has substituted ‘chapter 743, Oregon Laws 1971,’ for the words ‘this Act’ in sections 121 and 131, chapter 743, Oregon Laws 1971, compiled as 164.005 and 164.115. Specific ORS references have not been substituted, pursuant to 173.160. These sections may be determined by referring to the 1971 Comparative Section Table located in Volume 22 of ORS.
[Amended by 1959 c.236 § 1; repealed by 1971 c.743 § 432]
THEFT AND RELATED OFFENSES