Oregon Statutes 164.035 – Defenses
(1) In a prosecution for theft it is a defense that the defendant acted under an honest claim of right, in that:
Terms Used In Oregon Statutes 164.035
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
(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.
(2) In a prosecution for extortion committed by instilling in the victim a fear that the victim or another person would be charged with a crime, it is a defense that the defendant reasonably believed the threatened charge to be true and that the sole purpose of the defendant was to compel or induce the victim to take reasonable action to make good the wrong which was the subject of the threatened charge.
(3) In a prosecution for theft by receiving, it is a defense that the defendant received, retained, concealed or disposed of the property with the intent of restoring it to the owner.
(4) It is a defense that the property involved was that of the defendant’s spouse, unless the parties were not living together as spouses in a marriage and were living in separate abodes at the time of the alleged theft. [1971 c.743 § 132; 2001 c.104 § 53; 2015 c.629 § 31; 2016 c.47 § 9]
[Amended by 1959 c.236 § 4; repealed by 1971 c.743 § 432]