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3. Prevents another from acquiring information pertinent to the <br />disposition of the property involved; or <br />4. Sells or otherwise transfers or encumbers property, failing to <br />disclose a lien, adverse claim or other legal impediment to the <br />enjoyment of the property, whether such impediment is or is not <br />valid, or is or is not a matter of official record; or <br />5. Promises performance which the person does not intend to <br />perform or knows will not be performed. <br />(d) Receives, retains, conceals or disposes of property of another knowing <br />or having good reason to know that the property was the subject of theft. <br />For purposes of this subsection, “receiving” means acquiring, <br />possession, control or title, or lending on the security of the property. <br />(2) <br /> Theft in the Second Degree. A person commits the crime of theft in the <br />second degree if, by means other than extortion, the person commits a theft <br />described in subsection (1) of this section and the total value of the property in <br />a single or aggregate transaction is [$50] $100 or more, but is [under $200] <br />less than $1,000 [if a theft described in (1)(d), and under $750 if a theft <br />described in (1)(a), (1)(b) or (1)(c)]. <br /> <br /> <br />Section 3. <br /> Section 4.825 of the Eugene Code, 1971, is repealed. <br /> <br />[4.825 Shoplifting <br />. <br />(1) <br /> Shoplifting in the second degree. A person commits the crime of shoplifting in <br />the second degree if the person takes possession of goods having a total <br />value under $50 which are offered for sale by a retail or wholesale store or <br />other mercantile establishment with the intent to convert the goods to that <br />person’s own use without paying the purchase price thereof. <br />(2) <br /> Shoplifting in the first degree. A person commits the crime of shoplifting in the <br />first degree if the person takes possession of goods having a total value of <br />$50 or more but less than $750, which are offered for sale by a retail or <br />wholesale store or other mercantile establishment with the intent to convert <br />the goods to that person’s own use without paying the purchase price thereof. <br />(3) <br /> Notwithstanding ORS 133.550 and ORS 133.560(2), a peace officer, <br />merchant or merchant's employee who has reasonable cause to believe that a <br />person has committed the crime of shoplifting may detain and interrogate the <br />person in a reasonable manner and for a reasonable time. <br />(4) <br /> Where a peace officer, merchant or merchant's employee, with reasonable <br />cause to believe that a person has committed the crime of shoplifting detains <br />and interrogates that person, and the person thereafter brings a civil or <br />criminal action for slander, false arrest, false imprisonment, assault, battery or <br />wrongful detention based upon the detention and interrogation against the <br />peace officer, merchant, or merchant's employee, such reasonable cause <br />shall be a defense to the action if the detention and interrogation were done in <br />a reasonable manner and for a reasonable time.] <br /> <br /> <br />Ordinance - Page 2 of 5 <br /> <br />