Mark C. Cogan, P.C. is highlighting changes to Oregon’s theft and criminal mischief thresholds under House Bill 4041. The legislation raises several dollar amounts used to determine offense levels, and the threshold changes apply to conduct occurring on or after January 1, 2027.
Governor Tina Kotek signed HB 4041 on March 5, 2026. Enacted as Chapter 14 of the 2026 Oregon Laws, the legislation took effect upon signing, although several provisions have a later operative date. For theft and criminal mischief, January 1, 2027, marks the start of the amended thresholds rather than the law’s original effective date.
Under the amended value-based provisions, theft in the third degree involves property worth less than $150, compared with the existing threshold of less than $100. Theft in the second degree covers property worth at least $150 but less than $1,500, replacing the existing range of at least $100 but less than $1,000.
The value-based threshold for theft in the first degree rises from $1,000 to $1,500. However, property value is not the only basis for a first-degree theft charge. Other statutory circumstances, including theft involving firearms and certain animals, remain relevant. As a result, a theft involving property worth less than $1,500 may still be charged as first-degree theft if another statutory circumstance applies.
For criminal mischief, the second-degree property damage threshold increases from more than $500 to more than $750. The first-degree property damage threshold increases from more than $1,000 to more than $1,500. Other statutory grounds for criminal mischief charges remain applicable.
The effective date is significant for pending criminal cases. The threshold amendments expressly apply according to when the alleged conduct occurred, so they do not automatically replace the applicable thresholds in cases involving conduct before January 1, 2027. The nature of the property and other alleged circumstances may also affect the offense level.
HB 4041 also removes two suspension grounds from the Class A misdemeanor provision for criminal driving while suspended or revoked: certain suspensions involving criminal mischief arising from motor vehicle operation and suspensions for reckless driving. This amendment changes the criminal classification provisions; it does not itself eliminate the underlying suspensions. The change becomes operative January 1, 2027, and applies to conduct on or after that date.
For felony vehicle eluding, the law establishes sentencing category 4 for a qualifying prior conviction within the preceding 10 years and category 6 for two or more such convictions. Qualifying convictions involve felony vehicle eluding or an equivalent offense in another jurisdiction. Conduct causing physical injury to another person falls within category 6 and is a person felony; serious physical injury triggers category 8 and person felony treatment. The eluding changes are operative January 1, 2027, and count prior convictions entered before, on, or after the act’s effective date.
Other provisions address petitions challenging convictions resulting from nonunanimous jury verdicts and procedures for reviewing releases caused by material sentence computation or legal interpretation errors. These provisions involve separate requirements from the upcoming property offense thresholds.
Mark C. Cogan, P.C., based in Portland, represents individuals facing criminal charges throughout Oregon, including property crime cases. Additional information about the firm and its practice areas is available on its website.
This release summarizes selected provisions of the enacted legislation for general public awareness. It is not legal advice. The complete statutory text governs, and the circumstances of an individual case require separate review by a qualified attorney.
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Mark C. Cogan, P.C.
Mark C. Cogan
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mark@coganlawoffice.com
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