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.