498.072, is the amount of damages as specified in ORS 498.073. ����� (5) When the value of property cannot reasonably be ascertained, it shall be presumed to be an amount less than $100 in a case of

498.072, is the amount of damages as specified in ORS 498.073.

����� (5) When the value of property cannot reasonably be ascertained, it shall be presumed to be an amount less than $100 in a case of theft, and less than $500 in any other case.

����� (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. [1971 c.743 �131; 1987 c.907 �6; 1993 c.680 �22; 1997 c.867 �18; 2011 c.363 �2; 2019 c.399 �5; 2022 c.9 �7; 2023 c.151 �6]

����� Note: See note under 164.005.

����� 164.125 Theft of services. (1) A person commits the crime of theft of services if:

����� (a) With intent to avoid payment therefor, the person obtains services that are available only for compensation, by force, threat, deception or other means to avoid payment for the services; or

����� (b) Having control over the disposition of labor or of business, commercial or industrial equipment or facilities of another, the person uses or diverts to the use of the person or a third person such labor, equipment or facilities 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.

����� (2) As used in this section, �services� includes, but is not limited to, labor, professional services, toll facilities, transportation, communications service, entertainment, the supplying of food, lodging or other accommodations in hotels, restaurants or elsewhere, the supplying of equipment for use, and the supplying of commodities of a public utility nature such as gas, electricity, steam and water. �Communication service� includes, but is not limited to, use of telephone, computer and cable television systems.

����� (3) Absconding without payment or offer to pay for hotel, restaurant or other services for which compensation is customarily paid immediately upon the receiving of them is prima facie evidence that the services were obtained with intent to avoid payment therefor. Obtaining the use of any communication system the use of which is available only for compensation, including but not limited to telephone, computer and cable television systems, or obtaining the use of any services of a public utility nature, without payment or offer to pay for such use is prima facie evidence that the obtaining of the use of such system or the use of such services was gained with intent to avoid payment therefor.

����� (4) The value of single theft transactions may be added together if the thefts were committed:

����� (a) Against multiple victims by a similar means within a 30-day period; or

����� (b) Against the same victim, or two or more persons who are joint owners, within a 180-day period.

����� (5) Theft of services is:

����� (a) A Class C misdemeanor if the aggregate total value of services that are the subject of the theft is less than $100;

����� (b) A Class A misdemeanor if the aggregate total value of services that are the subject of the theft is $100 or more and less than $1,000;

����� (c) A Class C felony if the aggregate total value of services that are the subject of the theft is $1,000 or more; and

����� (d) A Class B felony if the aggregate total value of services that are the subject of the theft is $10,000 or more. [1971 c.743 �133; 1973 c.133 �1; 1985 c.537 �1; 1987 c.907 �8; 1993 c.680 �21; 2009 c.16 �4]

����� 164.130 Application of ORS 164.125 to telephone or telegraph services; jurisdiction. (1) ORS 164.125 shall apply when the telephone or telegraph communication involved either originates or terminates, or both originates and terminates, in this state, or when the charges for service would have been billable, in normal course, by a person providing telephone or telegraph service in this state, but for the fact that the charge for service was avoided, or attempted to be avoided by one or more of the means set forth in ORS 164.125.

����� (2) Jurisdiction of an offense under ORS 164.125 is in the jurisdictional territory where the telephone or telegraph communication involved in the offense originates or where it terminates, or the jurisdictional territory to which the bill for the service is sent or would have been sent but for the fact that the service was obtained or attempted to be obtained by one or more of the means set forth in ORS 164.125. [1973 c.133 �3]

����� 164.132 Unlawful distribution of cable television equipment. (1) A person commits the crime of unlawful distribution of cable television equipment if the person knowingly manufactures, imports into this state, distributes, sells, offers for sale, rental or use, possesses for sale, rental or use, or advertises for sale, rental or use, any device designed to make available the unauthorized reception of cable television signals.

����� (2) Unlawful distribution of cable television equipment is a Class B misdemeanor. [1985 c.537 �3]

����� 164.135 Unauthorized use of a vehicle. (1) A person commits the crime of unauthorized use of a vehicle when:

����� (a)(A) The person knowingly takes, operates, exercises control over or otherwise uses another�s vehicle, boat or aircraft;

����� (B) The person is aware of and consciously disregards a substantial and unjustifiable risk that the owner of the vehicle, boat or aircraft does not consent to the taking, operation or other use of, or the exercise of control over, the vehicle, boat or aircraft; and

����� (C) The owner of the vehicle, boat or aircraft did not consent to the taking, operation or other use of, or the exercise of control over, the vehicle, boat or aircraft;

����� (b)(A) The person knowingly rides in another�s vehicle, boat or aircraft;

����� (B) The person knows that the owner of the vehicle, boat or aircraft does not consent to the person�s riding in the vehicle, boat or aircraft; and

����� (C) The owner or an authorized user of the vehicle, boat or aircraft did not consent to the person�s riding in the vehicle, boat or aircraft;

����� (c) Having custody of a vehicle, boat or aircraft pursuant to an agreement between the person or another and the owner thereof whereby the person or another is to perform for compensation a specific service for the owner involving the maintenance, repair or use of such vehicle, boat or aircraft, the person intentionally uses or operates it, without consent of the owner, for the person�s own purpose in a manner constituting a gross deviation from the agreed purpose; or

����� (d) Having custody of a vehicle, boat or aircraft pursuant to an agreement with the owner thereof whereby such vehicle, boat or aircraft is to be returned to the owner at a specified time, the person knowingly retains or withholds possession thereof without consent of the owner for so lengthy a period beyond the specified time as to render such retention or possession a gross deviation from the agreement.

����� (2) Unauthorized use of a vehicle, boat or aircraft is a Class C felony.

����� (3) Subsection (1)(a) and (b) of this section does not apply to a person who rides in or otherwise uses a public transit vehicle, as defined in ORS 166.116, if the vehicle is being operated by an authorized operator within the scope of the operator�s employment. [1971 c.743 �134; 2001 c.851 �1; 2007 c.71 �50; 2019 c.530 �1]

����� 164.138 Criminal possession of a rented or leased motor vehicle. (1) A person commits the offense of criminal possession of a rented or leased motor vehicle if:

����� (a) After renting a motor vehicle from a commercial renter of motor vehicles under a written agreement that provides for the return of the motor vehicle to a particular place at a particular time, the person fails to return the motor vehicle as specified, is thereafter served in accordance with subsection (2) of this section with a written demand to return the motor vehicle and knowingly fails to return the motor vehicle within three calendar days from the date of the receipt or refusal of the demand; or

����� (b) After leasing a motor vehicle from a commercial lessor of motor vehicles under a written agreement that provides for periodic lease payments, the person fails to pay the lessor a periodic payment when due for a period of 45 days, is thereafter served with a written demand to return the motor vehicle in accordance with subsection (2) of this section and knowingly fails to return the motor vehicle within three calendar days from the date of the receipt or refusal of the demand.

����� (2)(a) Service of written demand under this section shall be accomplished by delivery through any commercial overnight service that can supply a delivery receipt. The demand shall be sent to the person who obtained the motor vehicle by rental or lease at the address stated in the rental or lease agreement and any other address of the person provided by the person to the renter or lessor. The person is responsible for providing correct current address information to the renter or lessor until the motor vehicle is returned.

����� (b) The person shall be considered to have refused the written demand if the commercial delivery service determines that the demand is not deliverable to the person at the address or addresses provided by the person.

����� (3) A bona fide contract dispute with the lessor or renter shall be an affirmative defense to a charge of criminal possession of a rented or leased motor vehicle.

����� (4) Criminal possession of a rented or leased motor vehicle is a Class C felony. [2007 c.684 �1]

����� Note: 164.138 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 164 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

����� 164.140 Criminal possession of rented or leased personal property. (1) A person is guilty of criminal possession of rented or leased personal property if:

����� (a) After renting an item of personal property from a commercial renter of personal property under a written agreement which provides for the return of the item to a particular place at a particular time, the person fails to return the item as specified, is thereafter served by mail with a written demand to return the item, and knowingly fails to return the item within 10 business days from the date of mailing of the demand; or

����� (b) After leasing an item of personal property from a commercial lessor of personal property under a written agreement which provides for periodic lease payments, the person fails to pay the lessor a periodic payment when due for a period of 45 days, is thereafter served by mail with a written demand to return the item, and knowingly fails to return the item within 10 business days from the date of mailing of the demand.

����� (2) Service of written demand under this section shall be accomplished by certified mail sent to the person who obtained the item of personal property by rental or lease, sent to the address stated in the rental or lease agreement and any other address of the person provided by the person to the renter or lessor. The person is responsible for providing correct current address information to the renter or lessor until the item of personal property is returned.

����� (3) A bona fide contract dispute with the lessor or renter shall be an affirmative defense to a charge of criminal possession of rented or leased personal property.

����� (4) For purposes of this section, the value of property shall be ascertained as provided in ORS