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What legal defenses exist for shoplifting under $100 in Oregon?

On Behalf of | Jun 30, 2025 | Criminal Law |

Facing a shoplifting accusation in Oregon can feel intimidating, even if the amount involved is less than $100. However, Oregon law provides several defenses that can protect your rights and potentially lead to dismissal of charges.

Understand the legal elements

To convict someone of shoplifting, prosecutors must prove beyond a reasonable doubt that the person knowingly took merchandise without authorization, and intended to permanently deprive the owner of it. Each element must be present; if one is missing, a defense exists. The focus is often on the defendant’s intent and whether they believed they had the right to the item.

Intent matters

A strong defense in these cases often centers on the absence of intent. If you planned to pay for the item but forgot, or were distracted and unintentionally left the store, your conduct might not meet the legal threshold for theft. The law targets deliberate actions, not honest mistakes.

Mistaken belief of ownership

If you reasonably believed the item was yours or you had the right to take it, you can argue mistaken belief of ownership. For instance, you may have picked up a product identical to one you already own, believing it to be your personal property. In such cases, intent to steal is absent.

Duress as a legal argument

The defense of duress applies if someone coerced you into taking merchandise through threats or intimidation. To assert this, you must show that a credible threat existed and that your response was proportionate and necessary to avoid harm.

Store policies and confusion

At times, confusing store policies or layouts can contribute to misunderstandings. Ambiguous signage or self-checkout errors might make it unclear whether an item was paid for. Such confusion can challenge the claim of intent to steal.

Take action if accused

If you’re facing a theft charge, collect all relevant facts. Written explanations, witness statements, receipts, and surveillance video may support your defense. Your account should focus on your perception of events and whether any misunderstanding or pressure occurred.

Being accused of shoplifting under $100 in Oregon does not guarantee a conviction. The law requires clear proof of intent and unlawful conduct. If your actions stemmed from confusion, a mistake, or coercion, you may have a legitimate defense.

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