ORS Chapter 162

Chapter 162 — OffensesAgainst the State and Public Justice

 

2009 EDITION

 

 

STATEAND PUBLIC JUSTICE OFFENSES

 

CRIMESAND PUNISHMENTS

 

DEFINITIONS

 

162.005     Definitionsfor ORS 162.005 to 162.425

 

BRIBERY

 

162.015     Bribegiving

 

162.025     Bribereceiving

 

162.035     Briberydefenses

 

PERJURYAND RELATED OFFENSES

 

162.055     Definitionsfor ORS 162.055 to 162.425

 

162.065     Perjury

 

162.075     Falseswearing

 

162.085     Unswornfalsification

 

162.095     Defensesto perjury and false swearing limited

 

162.105     Retractionas defense

 

162.115     Corroborationof falsity required

 

162.117     Publicinvestment fraud

 

162.118     Illegalconduct by State Treasury not a defense

 

162.119     Publicfraud as racketeering activity

 

162.121     Constructionof ORS 162.117 to 162.121

 

ESCAPE,SUPPLYING CONTRABAND AND FAILURE TO APPEAR

 

162.135     Definitionsfor ORS 162.135 to 162.205

 

162.145     Escapein the third degree

 

162.155     Escapein the second degree

 

162.165     Escapein the first degree

 

162.175     Unauthorizeddeparture

 

162.185     Supplyingcontraband

 

162.193     Failureto appear; counsel for defendant cannot be witness; exception

 

162.195     Failureto appear in the second degree

 

162.205     Failureto appear in the first degree

 

OBSTRUCTINGGOVERNMENTAL ADMINISTRATION

 

162.225     Definitionsfor ORS 162.225 to 162.375

 

162.235     Obstructinggovernmental or judicial administration

 

162.245     Refusingto assist a peace officer

 

162.247     Interferingwith a peace officer or parole and probation officer

 

162.255     Refusingto assist in fire-fighting operations

 

162.257     Interferingwith a firefighter or emergency medical technician

 

162.265     Bribinga witness

 

162.275     Bribereceiving by a witness

 

162.285     Tamperingwith a witness

 

162.295     Tamperingwith physical evidence

 

162.305     Tamperingwith public records

 

162.315     Resistingarrest

 

162.325     Hinderingprosecution

 

162.335     Compounding

 

162.345     Defensesfor hindering or compounding limited

 

162.355     Simulatinglegal process

 

162.365     Criminalimpersonation

 

162.367     Criminalimpersonation of peace officer

 

162.369     Possessionof false law enforcement identification card

 

162.375     Initiatinga false report

 

162.385     Givingfalse information to peace officer for a citation or arrest on a warrant

 

ABUSEOF PUBLIC OFFICE

 

162.405     Officialmisconduct in the second degree

 

162.415     Officialmisconduct in the first degree

 

162.425     Misuseof confidential information

 

INTERFERENCEWITH LEGISLATIVE OPERATIONS

 

162.455     Interferingwith legislative operations

 

162.465     Unlawfullegislative lobbying

 

DEFINITIONS

 

      162.005Definitions for ORS 162.005 to 162.425. As used in ORS 162.005 to 162.425,unless the context requires otherwise:

      (1)“Pecuniary benefit” means gain or advantage to the beneficiary or to a thirdperson pursuant to the desire or consent of the beneficiary, in the form ofmoney, property, commercial interests or economic gain, but does not include apolitical campaign contribution reported in accordance with ORS chapter 260.

      (2)“Public servant” means:

      (a)A public official as defined in ORS 244.020;

      (b)A person serving as an advisor, consultant or assistant at the request ordirection of the state, any political subdivision thereof or of anygovernmental instrumentality within the state;

      (c)A person nominated, elected or appointed to become a public servant, althoughnot yet occupying the position; and

      (d)Jurors. [1971 c.743 §178; 2007 c.865 §22]

 

      162.010 [Repealed by1971 c.743 §432]

 

BRIBERY

 

      162.015Bribe giving.(1) A person commits the crime of bribe giving if the person offers, confers oragrees to confer any pecuniary benefit upon a public servant with the intent toinfluence the public servant’s vote, opinion, judgment, action, decision orexercise of discretion in an official capacity.

      (2)Bribe giving is a Class B felony. [1971 c.743 §179]

 

      162.020 [Repealed by1971 c.743 §432]

 

      162.025Bribe receiving.(1) A public servant commits the crime of bribe receiving if the publicservant:

      (a)Solicits any pecuniary benefit with the intent that the vote, opinion,judgment, action, decision or exercise of discretion as a public servant willthereby be influenced; or

      (b)Accepts or agrees to accept any pecuniary benefit upon an agreement orunderstanding that the vote, opinion, judgment, action, decision or exercise ofdiscretion as a public servant will thereby be influenced.

      (2)Bribe receiving is a Class B felony. [1971 c.743 §180]

 

      162.030 [Amended by1963 c.625 §3; repealed by 1971 c.743 §432]

 

      162.035Bribery defenses.(1) In any prosecution under ORS 162.015, it is a defense that the defendantoffered, conferred or agreed to confer the pecuniary benefit as a result of thepublic servant’s conduct constituting extortion or coercion.

      (2)It is no defense to a prosecution under ORS 162.015 and 162.025 that the personsought to be influenced was not qualified to act in the desired way, whetherbecause the person had not assumed office, lacked jurisdiction or for any otherreason. [1971 c.743 §181]

 

      162.040 [Repealed by1971 c.743 §432]

 

PERJURYAND RELATED OFFENSES

 

      162.055Definitions for ORS 162.055 to 162.425. As used in ORS 162.055 to 162.425 and162.465, unless the context requires otherwise:

      (1)“Benefit” means gain or advantage to the beneficiary or to a third personpursuant to the desire or consent of the beneficiary.

      (2)“Material” means that which could have affected the course or outcome of anyproceeding or transaction. Whether a false statement is “material” in a givenfactual situation is a question of law.

      (3)“Statement” means any representation of fact and includes a representation ofopinion, belief or other state of mind where the representation clearly relatesto state of mind apart from or in addition to any facts which are the subjectof the representation.

      (4)“Sworn statement” means any statement that attests to the truth of what isstated and that is knowingly given under any form of oath or affirmation or bydeclaration under penalty of perjury as described in ORCP 1 E. [1971 c.743 §182;1981 c.892 §90; 2003 c.194 §4]

 

      162.065Perjury.(1) A person commits the crime of perjury if the person makes a false swornstatement in regard to a material issue, knowing it to be false.

      (2)Perjury is a Class C felony. [1971 c.743 §183]

 

      162.075False swearing.(1) A person commits the crime of false swearing if the person makes a falsesworn statement, knowing it to be false.

      (2)False swearing is a Class A misdemeanor. [1971 c.743 §184]

 

      162.085Unsworn falsification. (1) A person commits the crime of unswornfalsification if the person knowingly makes any false written statement to apublic servant in connection with an application for any benefit.

      (2)Unsworn falsification is a Class B misdemeanor. [1971 c.743 §185]

 

      162.095Defenses to perjury and false swearing limited. It is nodefense to a prosecution for perjury or false swearing that:

      (1)The statement was inadmissible under the rules of evidence; or

      (2)The oath or affirmation was taken or administered in an irregular manner; or

      (3)The defendant mistakenly believed the false statement to be immaterial. [1971c.743 §186]

 

      162.105Retraction as defense. (1) It is a defense to a prosecution for perjury orfalse swearing committed in an official proceeding that the defendant retractedthe false statement:

      (a)In a manner showing a complete and voluntary retraction of the prior falsestatement; and

      (b)During the course of the same official proceeding in which it was made; and

      (c)Before the subject matter of the official proceeding is submitted to theultimate trier of fact.

      (2)“Official proceeding,” as used in this section, means a proceeding before anyjudicial, legislative or administrative body or officer, wherein swornstatements are received, and includes any referee, hearing examiner,commissioner, notary or other person taking sworn statements in connection withsuch proceedings. Statements made in separate stages of the same trial oradministrative proceeding shall be considered to have been made in the courseof the same proceeding. [1971 c.743 §187]

 

      162.110 [Repealed by1971 c.743 §432]

 

      162.115Corroboration of falsity required. In any prosecution for perjury or falseswearing, falsity of a statement may not be established solely throughcontradiction by the testimony of a single witness. [1971 c.743 §188]

 

      162.117Public investment fraud. (1) A person commits the crime of public investmentfraud if, for the purpose of influencing in any way the action of the StateTreasury, the person knowingly makes any false statement or report.

      (2)Public investment fraud is a Class B felony.

      (3)Public investment fraud shall be classified as crime category 6 of thesentencing guidelines grid of the Oregon Criminal Justice Commission.

      (4)As used in this section, “action of the State Treasury” includes anyapplication, advance, discount, purchase, purchase agreement, repurchaseagreement, commitment or loan, or any change or extension of any of them, byrenewal, deferment of action or otherwise, or the acceptance, release orsubstitution of security therefor. [1993 c.768 §1]

 

      Note: 162.117,162.118, 162.119 and 162.121 were enacted into law by the Legislative Assemblybut were not added to or made a part of ORS chapter 162 or any series thereinby legislative action. See Preface to Oregon Revised Statutes for furtherexplanation.

 

      162.118Illegal conduct by State Treasury not a defense. Illegal conductby the State Treasury or any of its employees or agents shall not be a defensefor any person charged with the crime of public investment fraud or to anyperson against whom any civil action is brought under ORS 30.862 and 162.117 to162.121. [1993 c.768 §2]

 

      Note: See note under162.117.

 

      162.119Public fraud as racketeering activity. (1) Conduct constituting a violation ofORS 162.117 shall be an incident of racketeering activity for purposes ofcriminal actions brought under ORS 166.715 to 166.735.

      (2)Conduct giving rise to the civil cause of action described in ORS 30.862 shallbe an incident of racketeering activity for purposes of civil actions broughtunder ORS 166.715 to 166.735. [1993 c.768 §3]

 

      Note: See note under162.117.