Theft - Defense
ORS > Criminal Code > Property - Theft > 164.035
(1) in a prosecution for theft it is a defense that the defendant acted under an honest claim of right that the defendant:
(a) was unaware that the property was that of another OR
(b) reasonably believed that they were entitled to the property involved or had a right to acquire or dispose of it as they did
(2) in a prosecution for extortion committed by instilling in the victim a fear that they or another person would be charged with a crime, it is a defense that the defendant reasonably believed the threatened charge to be true & 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 & were living in separate abodes at the time of the alleged theft
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