Oregon Revised Statutes
As used in ORS 162.005 to 162.425, unless the context requires otherwise: “Pecuniary benefit” means gain or advantage to the beneficiary or to a third person pursuant to the desire or consent of the beneficiary, in the form of money, property, commercial interests or economic gain, but does not include a political campaign contribution reported in accordanc…
BRIBERY
A person commits the crime of bribe giving if the person offers, confers or agrees to confer any pecuniary benefit upon a public servant with the intent to influence the public servant’s vote, opinion, judgment, action, decision or exercise of discretion in an official capacity. Bribe giving is a Class B felony.
A public servant commits the crime of bribe receiving if the public servant: Solicits any pecuniary benefit with the intent that the vote, opinion, judgment, action, decision or exercise of discretion as a public servant will thereby be influenced; or Accepts or agrees to accept any pecuniary benefit upon an agreement or understanding that the vote, opinio…
In any prosecution under ORS 162.015, it is a defense that the defendant offered, conferred or agreed to confer the pecuniary benefit as a result of the public servant’s conduct constituting extortion or coercion. It is no defense to a prosecution under ORS 162.015 and 162.025 that the person sought to be influenced was not qualified to act in the desired w…
PERJURY AND RELATED OFFENSES
As used in ORS 162.055 to 162.425 and 162.465, unless the context requires otherwise: “Benefit” means gain or advantage to the beneficiary or to a third person pursuant to the desire or consent of the beneficiary. “Material” means that which could have affected the course or outcome of any proceeding or transaction. Whether a false statement is “material” …
A person commits the crime of perjury if the person makes a false sworn statement or a false unsworn declaration in regard to a material issue, knowing it to be false. Perjury is a Class C felony.
A person commits the crime of false swearing if the person makes a false sworn statement or a false unsworn declaration, knowing it to be false. False swearing is a Class A misdemeanor.
A person commits the crime of unsworn falsification if the person knowingly makes any false written statement to a public servant in connection with an application for any benefit. Unsworn falsification is a Class B misdemeanor.
It is no defense to a prosecution for perjury or false swearing that: The statement was inadmissible under the rules of evidence; or The oath or affirmation was taken or administered in an irregular manner; or The defendant mistakenly believed the false statement to be immaterial.
It is a defense to a prosecution for perjury or false swearing committed in an official proceeding that the defendant retracted the false statement: In a manner showing a complete and voluntary retraction of the prior false statement; and During the course of the same official proceeding in which it was made; and Before the subject matter of the official …
In any prosecution for perjury or false swearing, falsity of a statement may not be established solely through contradiction by the testimony of a single witness.
A person commits the crime of public investment fraud if, for the purpose of influencing in any way the action of the State Treasury, the person knowingly makes any false statement or report. Public investment fraud is a Class B felony. Public investment fraud shall be classified as crime category 6 of the sentencing guidelines grid of the Oregon Criminal …
Illegal conduct by the State Treasury or any of its employees or agents shall not be a defense for any person charged with the crime of public investment fraud or to any person against whom any civil action is brought under ORS 30.862 and 162.117 to 162.121. Note: See note under 162.117.
Conduct constituting a violation of ORS 162.117 shall be an incident of racketeering activity for purposes of criminal actions brought under ORS 166.715 to 166.735. Conduct giving rise to the civil cause of action described in ORS 30.862 shall be an incident of racketeering activity for purposes of civil actions brought under ORS 166.715 to 166.735. Note: …
The provisions of ORS 30.862 and 162.117 to 162.121 shall be liberally construed to effectuate its remedial purposes. Note: See note under 162.117.
ESCAPE, SUPPLYING CONTRABAND AND FAILURE TO APPEAR
As used in ORS 162.135 to 162.205, unless the context requires otherwise: “Contraband” means: Controlled substances as defined in ORS 475.005; Drug paraphernalia as defined in ORS 475.525; Except as otherwise provided in paragraph (b) of this subsection, currency possessed by or in the control of a person confined in a correctional facility; or Any arti…
A person commits the crime of escape in the third degree if the person escapes from custody. It is a defense to a prosecution under this section that the person escaping or attempting to escape was in custody pursuant to an illegal arrest. Escape in the third degree is a Class A misdemeanor.
A person commits the crime of escape in the second degree if: The person uses or threatens to use physical force escaping from custody; or Having been convicted or found guilty of a felony, the person escapes from custody imposed as a result thereof; or The person escapes from a correctional facility; or While under the jurisdiction of the Psychiatric Se…
A person commits the crime of escape in the first degree if: Aided by another person actually present, the person uses or threatens to use physical force in escaping from custody or a correctional facility; or The person uses or threatens to use a dangerous or deadly weapon escaping from custody or a correctional facility. Escape in the first degree is a …
A person commits the crime of unauthorized departure if: The person makes an unauthorized departure; or Not being an adult in custody therein, the person aids another in making or attempting to make an unauthorized departure. Unauthorized departure is a Class A misdemeanor.
A person commits the crime of supplying contraband if: The person knowingly introduces any contraband into a correctional facility, youth correction facility or state hospital; or Being confined in a correctional facility, youth correction facility or state hospital, the person knowingly makes, obtains or possesses any contraband. Supplying contraband is …
In no prosecution under ORS 162.195 or 162.205 shall counsel representing the defendant on the underlying charge for which the defendant is alleged to have failed to appear be called to testify by the state as a witness against the defendant at any stage of the proceedings including, but not limited to, grand jury, preliminary hearing and trial. However, upo…
A person commits the crime of failure to appear in the second degree if the person knowingly fails to appear as required after: Having by court order been released from custody or a correctional facility under a release agreement or security release upon the condition that the person will subsequently appear personally in connection with a charge against th…
A person commits the crime of failure to appear in the first degree if the person knowingly fails to appear as required after: Having by court order been released from custody or a correctional facility under a release agreement or security release upon the condition that the person will subsequently appear personally in connection with a charge against the…
OBSTRUCTING GOVERNMENTAL ADMINISTRATION
As used in ORS 162.225 to 162.375 and 162.465, unless the context requires otherwise: “Firefighter” means any fire or forestry department employee, or authorized fire department volunteer, vested with the duty of preventing or combating fire or preventing the loss of life or property by fire. “Official proceeding” means a proceeding before any judicial, le…
A person commits the crime of obstructing governmental or judicial administration if the person: Intentionally obstructs, impairs or hinders the administration of law or other governmental or judicial function by means of intimidation, force, physical or economic interference or obstacle; With intent to defraud, engages in the business of or acts in the ca…
A person commits the offense of refusing to assist a peace officer if upon command by a person known by the person to be a peace officer the person unreasonably refuses or fails to assist in effecting an authorized arrest or preventing another from committing a crime. This section does not apply to the act, by itself, of informing another person of the othe…
A person commits the crime of interfering with a peace officer or parole and probation officer if the person, knowing that another person is a peace officer or a parole and probation officer as defined in ORS 181A.355, intentionally or knowingly acts in a manner that prevents, or attempts to prevent, the peace officer or parole and probation officer from per…
A person commits the offense of refusing to assist in fire-fighting operations if: Upon command by a person known by the person to be a firefighter the person unreasonably refuses or fails to assist in extinguishing a fire or protecting property threatened thereby; or Upon command by a person known by the person to be a firefighter or peace officer the per…
A person commits the crime of interfering with a firefighter or emergency medical services provider if the person, knowing that another person is a firefighter or emergency medical services provider, intentionally acts in a manner that prevents, or attempts to prevent, a firefighter or emergency medical services provider from performing the lawful duties of …
A person commits the crime of bribing a witness if the person offers, confers or agrees to confer any pecuniary benefit upon a witness in any official proceeding, or a person the person believes may be called as a witness, with the intent that: The testimony of the person as a witness will thereby be influenced; or The person will avoid legal process summo…
A witness in any official proceeding, or a person who believes the person may be called as a witness, commits the crime of bribe receiving by a witness if the person solicits any pecuniary benefit with the intent, or accepts or agrees to accept any pecuniary benefit upon an agreement or understanding, that: The testimony of the person as a witness will ther…
A person commits the crime of tampering with a witness if: The person knowingly induces or attempts to induce a witness or a person the person believes may be called as a witness in any official proceeding to offer false testimony or unlawfully withhold any testimony; or The person knowingly induces or attempts to induce a witness to be absent from any off…
A person commits the crime of tampering with physical evidence if, with intent that it be used, introduced, rejected or unavailable in an official proceeding which is then pending or to the knowledge of such person is about to be instituted, the person: Destroys, mutilates, alters, conceals or removes physical evidence impairing its verity or availability; …
A person commits the crime of tampering with public records if, without lawful authority, the person knowingly destroys, mutilates, conceals, removes, makes a false entry in or falsely alters any public record, including records relating to the Oregon State Lottery. Except as provided in paragraph (b) of this subsection, tampering with public records is a C…
A person commits the crime of resisting arrest if the person intentionally resists a person known by the person to be a peace officer or parole and probation officer in making an arrest. As used in this section: “Arrest” has the meaning given that term in ORS 133.005 and includes, but is not limited to, the booking process. “Parole and probation officer” …
A person commits the crime of hindering prosecution if, with intent to hinder the apprehension, prosecution, conviction or punishment of a person who has committed a crime punishable as a felony, or with the intent to assist a person who has committed a crime punishable as a felony in profiting or benefiting from the commission of the crime, the person: Har…
A person commits the crime of compounding if the person accepts or agrees to accept any pecuniary benefit as consideration for refraining from reporting to law enforcement authorities the commission or suspected commission of any felony or information relating to a felony. Compounding is a Class A misdemeanor.
It is no defense to a prosecution for hindering prosecution or compounding that the principal offender is not apprehended, prosecuted, convicted or punished.
A person commits the crime of simulating legal process if, with the intent to harass, injure or defraud another person, the person knowingly issues or delivers to another person any document that in form and substance falsely simulates civil or criminal process. As used in this section: “Civil or criminal process” means a document or order, including, but …
A person commits the crime of criminal impersonation of a public servant if, with intent to obtain a benefit, to injure or defraud another or to facilitate an unlawful activity, the person does an act in the assumed character of a public servant. It is no defense to a prosecution under this section that: The office, position or title that the person preten…
A person commits the crime of criminal impersonation of a peace officer if the person, with the intent to obtain a benefit or to injure or defraud another person, uses false law enforcement identification or wears a law enforcement uniform to give the impression that the person is a peace officer and does an act in that assumed character. Criminal impersona…
A person commits the crime of possession of a false law enforcement identification card if the person possesses a false law enforcement identification card. Possession of a false law enforcement identification card is a Class A misdemeanor. As used in this section, “false law enforcement identification card” means an identification card that: Identifies t…
A person commits the crime of initiating a false report if the person knowingly initiates a false alarm or report that is transmitted to a fire department, law enforcement agency or other organization that deals with emergencies involving danger to life or property. Initiating a false report is a Class A misdemeanor. The court shall include in the sentence…
A person commits the crime of giving false information to a peace officer in connection with a citation or warrant if the person knowingly uses or gives a false or fictitious name, address or date of birth to any peace officer when: The peace officer is issuing or serving the person a citation under authority of ORS 133.055 to 133.076 or ORS chapter 153; or…
ABUSE OF PUBLIC OFFICE
A public servant commits the crime of official misconduct in the second degree if the person knowingly violates any statute relating to the office of the person. Official misconduct in the second degree is a Class C misdemeanor.
A public servant commits the crime of official misconduct in the first degree if: With intent to obtain a benefit or to harm another: The public servant knowingly fails to perform a duty imposed upon the public servant by law or one clearly inherent in the nature of office; or The public servant knowingly performs an act constituting an unauthorized exerc…
A public servant commits the crime of misuse of confidential information if in contemplation of official action by the public servant or by a governmental unit with which the public servant is associated, or in reliance on information to which the public servant has access in an official capacity and which has not been made public, the public servant acquire…
INTERFERENCE WITH LEGISLATIVE OPERATIONS
Any person not a member of the Legislative Assembly who engages in conduct in or near the legislative chambers of either house or in or near any meeting of a joint, standing, interim or special committee of either house, wherever held, with the intention of interrupting, disrupting or otherwise interfering with the orderly conduct of business therein, or who…
A person commits the crime of unlawful legislative lobbying if, having an interest in the passage or defeat of a measure being considered by either house of the Legislative Assembly of this state, as either an agent or principal, the person knowingly attempts to influence a member of the assembly in relation to the measure without first disclosing completely…
_______________