2007 Oregon Code - Chapter 162 :: Chapter 162 - Offenses Against the State and Public Justice
Chapter 162
Offenses Against the State and Public Justice
2007 EDITION
STATE AND PUBLIC JUSTICE OFFENSES
CRIMES AND PUNISHMENTS
DEFINITIONS
162.005 Definitions
for ORS 162.005 to 162.425
BRIBERY
162.015 Bribe
giving
162.025 Bribe
receiving
162.035 Bribery
defenses
PERJURY AND RELATED OFFENSES
162.055 Definitions
for ORS 162.055 to 162.425
162.065 Perjury
162.075 False
swearing
162.085 Unsworn
falsification
162.095 Defenses
to perjury and false swearing limited
162.105 Retraction
as defense
162.115 Corroboration
of falsity required
162.117 Public
investment fraud
162.118 Illegal
conduct by State Treasury not a defense
162.119 Public
fraud as racketeering activity
162.121 Construction
of ORS 162.117 to 162.121
ESCAPE, SUPPLYING CONTRABAND AND FAILURE TO
APPEAR
162.135 Definitions
for ORS 162.135 to 162.205
162.145 Escape
in the third degree
162.155 Escape
in the second degree
162.165 Escape
in the first degree
162.175 Unauthorized
departure
162.185 Supplying
contraband
162.193 Failure
to appear; counsel for defendant cannot be witness; exception
162.195 Failure
to appear in the second degree
162.205 Failure
to appear in the first degree
OBSTRUCTING GOVERNMENTAL ADMINISTRATION
162.225 Definitions
for ORS 162.225 to 162.375
162.235 Obstructing
governmental or judicial administration
162.245 Refusing
to assist a peace officer
162.247 Interfering
with a peace officer or parole and probation officer
162.255 Refusing
to assist in fire-fighting operations
162.257 Interfering
with a firefighter or emergency medical technician
162.265 Bribing
a witness
162.275 Bribe
receiving by a witness
162.285 Tampering
with a witness
162.295 Tampering
with physical evidence
162.305 Tampering
with public records
162.315 Resisting
arrest
162.325 Hindering
prosecution
162.335 Compounding
162.345 Defenses
for hindering or compounding limited
162.355 Simulating
legal process
162.365 Criminal
impersonation
162.367 Criminal
impersonation of peace officer
162.369 Possession
of false law enforcement identification card
162.375 Initiating
a false report
162.385 Giving
false information to peace officer for a citation or arrest on a warrant
ABUSE OF PUBLIC OFFICE
162.405 Official
misconduct in the second degree
162.415 Official
misconduct in the first degree
162.425 Misuse
of confidential information
INTERFERENCE WITH LEGISLATIVE OPERATIONS
162.455 Interfering
with legislative operations
162.465 Unlawful
legislative lobbying
DEFINITIONS
162.005
Definitions 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 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 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 or direction of the state, any political
subdivision thereof or of any governmental instrumentality within the state;
(c) A person nominated, elected or
appointed to become a public servant, although not yet occupying the position;
and
(d) Jurors. [1971 c.743 §178; 2007 c.865 §22]
162.010 [Repealed by 1971 c.743 §432]
BRIBERY
162.015
Bribe giving. (1) 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 servants vote, opinion, judgment, action, decision or exercise of
discretion in an official capacity.
(2) Bribe giving is a Class B felony. [1971
c.743 §179]
162.020 [Repealed by 1971 c.743 §432]
162.025
Bribe receiving. (1) A
public servant commits the crime of bribe receiving if the public servant:
(a) 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
(b) Accepts or agrees to accept any
pecuniary benefit upon an agreement or understanding that the vote, opinion,
judgment, action, decision or exercise of discretion as a public servant will
thereby be influenced.
(2) Bribe receiving is a Class B felony. [1971
c.743 §180]
162.030 [Amended by 1963 c.625 §3; repealed by 1971
c.743 §432]
162.035
Bribery defenses. (1) 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
servants conduct constituting extortion or coercion.
(2) 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 way, whether because the person had not assumed
office, lacked jurisdiction or for any other reason. [1971 c.743 §181]
162.040 [Repealed by 1971 c.743 §432]
PERJURY AND
RELATED OFFENSES
162.055
Definitions for ORS 162.055 to 162.425. As used in ORS 162.055 to 162.425 and 162.465, unless the context
requires otherwise:
(1) Benefit means gain or advantage to
the beneficiary or to a third person pursuant to the desire or consent of the
beneficiary.
(2) Material means that which could have
affected the course or outcome of any proceeding or transaction. Whether a
false statement is material in a given factual situation is a question of
law.
(3) Statement means any representation
of fact and includes a representation of opinion, belief or other state of mind
where the representation clearly relates to state of mind apart from or in
addition to any facts which are the subject of the representation.
(4) Sworn statement means any statement
that attests to the truth of what is stated and that is knowingly given under
any form of oath or affirmation or by declaration under penalty of perjury as
described in ORCP 1 E. [1971 c.743 §182; 1981 c.892 §90; 2003 c.194 §4]
162.065
Perjury. (1) A person
commits the crime of perjury if the person makes a false sworn statement in
regard to a material issue, knowing it to be false.
(2) Perjury is a Class C felony. [1971
c.743 §183]
162.075
False swearing. (1) A person
commits the crime of false swearing if the person makes a false sworn
statement, knowing it to be false.
(2) False swearing is a Class A
misdemeanor. [1971 c.743 §184]
162.085
Unsworn falsification. (1) 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.
(2) Unsworn falsification is a Class B
misdemeanor. [1971 c.743 §185]
162.095
Defenses to perjury and false swearing limited. It is no defense 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. [1971 c.743 §186]
162.105
Retraction as defense. (1)
It is a defense to a prosecution for perjury or false swearing committed in an
official proceeding that the defendant retracted the false statement:
(a) In a manner showing a complete and
voluntary retraction of the prior false statement; 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 the ultimate trier of fact.
(2) Official proceeding, as used in this
section, means a proceeding before any judicial, legislative or administrative
body or officer, wherein sworn statements are received, and includes any
referee, hearing examiner, commissioner, notary or other person taking sworn
statements in connection with such proceedings. Statements made in separate
stages of the same trial or administrative proceeding shall be considered to
have been made in the course of the same proceeding. [1971 c.743 §187]
162.110 [Repealed by 1971 c.743 §432]
162.115
Corroboration of falsity required. 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. [1971 c.743 §188]
162.117
Public investment fraud. (1)
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.
(2) Public investment fraud is a Class B
felony.
(3) Public investment fraud shall be
classified as crime category 6 of the sentencing guidelines grid of the Oregon
Criminal Justice Commission.
(4) As used in this section, action of
the State Treasury includes any application, advance, discount, purchase,
purchase agreement, repurchase agreement, commitment or loan, or any change or
extension of any of them, by renewal, deferment of action or otherwise, or the
acceptance, release or substitution of security therefor. [1993 c.768 §1]
Note: 162.117, 162.118, 162.119 and 162.121 were
enacted into law by the Legislative Assembly but were not added to or made a
part of ORS chapter 162 or any series therein by legislative action. See
Preface to Oregon Revised Statutes for further explanation.
162.118
Illegal conduct by State Treasury not a defense. 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. [1993 c.768 §2]
Note: See note under 162.117.
162.119
Public fraud as racketeering activity. (1) 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.
(2) 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. [1993 c.768
§3]
Note: See note under 162.117.
162.120 [Repealed by 1971 c.743 §432]
162.121
Construction of ORS 162.117 to 162.121. The provisions of ORS 30.862 and 162.117 to 162.121 shall be liberally
construed to effectuate its remedial purposes. [1993 c.768 §5]
Note: See note under 162.117.
162.130 [Repealed by 1971 c.743 §432]
ESCAPE,
SUPPLYING CONTRABAND AND FAILURE TO APPEAR
162.135
Definitions for ORS 162.135 to 162.205. As used in ORS 162.135 to 162.205, unless the context requires
otherwise:
(1)(a) Contraband means:
(A) Controlled substances as defined in
ORS 475.005;
(B) Drug paraphernalia as defined in ORS
475.525;
(C) Except as otherwise provided in
paragraph (b) of this subsection, currency possessed by or in the control of an
inmate confined in a correctional facility; or
(D) Any article or thing which a person
confined in a correctional facility, youth correction facility or state
hospital is prohibited by statute, rule or order from obtaining or possessing,
and whose use would endanger the safety or security of such institution or any
person therein.
(b) Contraband does not include
authorized currency possessed by an inmate in a work release facility.
(2) Correctional facility means any
place used for the confinement of persons charged with or convicted of a crime
or otherwise confined under a court order and includes but is not limited to a
youth correction facility. Correctional facility applies to a state hospital
or a secure intensive community inpatient facility only as to persons detained
therein charged with or convicted of a crime, or detained therein after having
been found guilty except for insanity of a crime under ORS 161.290 to 161.370.
(3) Currency means paper money and coins
that are within the correctional institution.
(4) Custody means the imposition of actual
or constructive restraint by a peace officer pursuant to an arrest or court
order, but does not include detention in a correctional facility, youth
correction facility or a state hospital.
(5) Escape means the unlawful departure
of a person from custody or a correctional facility. Escape includes the
unauthorized departure or absence from this state or failure to return to this
state by a person who is under the jurisdiction of the Psychiatric Security
Review Board. Escape does not include failure to comply with provisions of a
conditional release in ORS 135.245.
(6) Youth correction facility means:
(a) A youth correction facility as defined
in ORS 420.005; and
(b) A detention facility as defined in ORS
419A.004.
(7) State hospital means the
(8) Unauthorized departure means the
unauthorized departure of a person confined by court order in a youth
correction facility or a state hospital that, because of the nature of the
court order, is not a correctional facility as defined in this section, or the
failure to return to custody after any form of temporary release or
transitional leave from a correctional facility. [1971 c.743 §189; 1973 c.836 §342;
1983 c.740 §28; 1983 c.815 §7; 1985 c.565 §16; 1989 c.790 §53; 1991 c.809 §1;
1993 c.33 §307; 1995 c.738 §2; 1997 c.249 §47; 1999 c.504 §1; 2001 c.295 §8;
2001 c.900 §24; 2005 c.685 §10; 2007 c.14 §3]
162.140 [1959 c.307 §1; 1961 c.312 §1; 1963 c.499 §9;
repealed by 1971 c.743 §432]
162.145
Escape in the third degree.
(1) A person commits the crime of escape in the third degree if the person
escapes from custody.
(2) 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.
(3) Escape in the third degree is a Class
A misdemeanor. [1971 c.743 §190]
162.150 [Repealed by 1971 c.743 §432]
162.155
Escape in the second degree.
(1) A person commits the crime of escape in the second degree if:
(a) The person uses or threatens to use
physical force escaping from custody; or
(b) Having been convicted or found guilty
of a felony, the person escapes from custody imposed as a result thereof; or
(c) The person escapes from a correctional
facility; or
(d) While under the jurisdiction of the
Psychiatric Security Review Board, the person departs, is absent from or fails
to return to this state without authorization of the board.
(2) Escape in the second degree is a Class
C felony. [1971 c.743 §191; 1983 c.800 §13; 1985 c.192 §1]
162.160 [Repealed by 1971 c.743 §432]
162.165
Escape in the first degree.
(1) A person commits the crime of escape in the first degree if:
(a) Aided by another person actually
present, the person uses or threatens to use physical force in escaping from
custody or a correctional facility; or
(b) The person uses or threatens to use a
dangerous or deadly weapon escaping from custody or a correctional facility.
(2) Escape in the first degree is a Class
B felony. [1971 c.743 §192]
162.175
Unauthorized departure. (1)
A person commits the crime of unauthorized departure if:
(a) The person makes an unauthorized
departure; or
(b) Not being an inmate therein, the
person aids another in making or attempting to make an unauthorized departure.
(2) Unauthorized departure is a Class A
misdemeanor. [1971 c.743 §193; 1983 c.815 §8; 1989 c.790 §54]
162.185
Supplying contraband. (1) A
person commits the crime of supplying contraband if:
(a) The person knowingly introduces any
contraband into a correctional facility, youth correction facility or state
hospital; or
(b) Being confined in a correctional
facility, youth correction facility or state hospital, the person knowingly
makes, obtains or possesses any contraband.
(2) Supplying contraband is a Class C
felony. [1971 c.743 §194; 1983 c.815 §9; 1997 c.249 §48]
162.193
Failure to appear; counsel for defendant cannot be witness; exception. 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, upon written motion by the state, and upon hearing the matter, if the
court determines that no other reasonably adequate means exists to present
evidence establishing the material elements of the charge, the counsel
representing the defendant may be called to testify. [1989 c.759 §2]
162.195
Failure to appear in the second degree. (1) A person commits the crime of failure to appear in the second
degree if the person knowingly fails to appear as required after:
(a) 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 person of having committed a
misdemeanor; or
(b) Having been released from a
correctional facility subject to a forced release agreement under ORS 169.046
in connection with a charge against the person of having committed a misdemeanor.
(2) Failure to appear in the second degree
is a Class A misdemeanor. [1971 c.743 §195; 1973 c.836 §343; 1993 c.533 §5;
1999 c.1051 §69; 2001 c.517 §3; 2003 c.320 §1]
162.205
Failure to appear in the first degree. (1) A person commits the crime of failure to appear in the first
degree if the person knowingly fails to appear as required after:
(a) 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 person of having committed a felony; or
(b) Having been released from a
correctional facility subject to a forced release agreement under ORS 169.046
in connection with a charge against the person of having committed a felony.
(2) Failure to appear in the first degree
is a Class C felony. [1971 c.743 §196; 1973 c.836 §344; 2001 c.517 §4; 2003
c.320 §2]
162.210 [Repealed by 1971 c.743 §432]
162.220 [Repealed by 1971 c.743 §432]
OBSTRUCTING
GOVERNMENTAL ADMINISTRATION
162.225
Definitions for ORS 162.225 to 162.375. As used in ORS 162.225 to 162.375 and 162.465, unless the context
requires otherwise:
(1) 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.
(2) Official proceeding means a
proceeding before any judicial, legislative or administrative body or officer,
wherein sworn statements are received, and includes any referee, hearing
examiner, commissioner, notary or other person taking sworn statements in
connection with such proceedings.
(3) Physical evidence means any article,
object, record, document or other evidence of physical substance.
(4) Public record means any book,
document, paper, file, photograph, sound recording, computerized recording in
machine storage, records or other materials, regardless of physical form or
characteristic, made, received, filed or recorded in any government office or
agency pursuant to law or in connection with the transaction of public
business, whether or not confidential or restricted in use.
(5) Testimony means oral or written
statements that may be offered by a witness in an official proceeding. [1971
c.743 §197; 1991 c.67 §34]
162.230 [Repealed by 1971 c.743 §432]
162.235
Obstructing governmental or judicial administration. (1) 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.
(2) This section shall not apply to the
obstruction of unlawful governmental or judicial action or interference with
the making of an arrest.
(3) Obstructing governmental or judicial
administration is a Class A misdemeanor. [1971 c.743 §198; 1981 c.902 §1]
162.240 [Repealed by 1971 c.743 §432]
162.245
Refusing to assist a peace officer. (1) 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.
(2) Refusing to assist a peace officer is
a Class B violation. [1971 c.743 §199; 1999 c.1051 §150]
162.247
Interfering with a peace officer or parole and probation officer. (1) 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 181.610:
(a) Intentionally acts in a manner that
prevents, or attempts to prevent, a peace officer or parole and probation
officer from performing the lawful duties of the officer with regards to
another person; or
(b) Refuses to obey a lawful order by the
peace officer or parole and probation officer.
(2) Interfering with a peace officer or
parole and probation officer is a Class A misdemeanor.
(3) This section does not apply in
situations in which the person is engaging in:
(a) Activity that would constitute
resisting arrest under ORS 162.315; or
(b) Passive resistance. [1997 c.719 §1;
1999 c.1040 §7; 2005 c.668 §1]
Note: 162.247 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 162 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
162.255
Refusing to assist in fire-fighting operations. (1) A person commits the offense of refusing
to assist in fire-fighting operations if:
(a) 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
(b) Upon command by a person known by the
person to be a firefighter or peace officer the person intentionally and
unreasonably disobeys a lawful order relating to the conduct of the person in
the vicinity of a fire.
(2) Subsection (1) of this section does
not apply to a person working for a news organization if the person is
reporting on the fire and the person does not unreasonably interfere with fire-fighting
operations.
(3) Refusing to assist in fire-fighting
operations is a Class B violation. [1971 c.743 §200; 1991 c.67 §35; 1999 c.1051
§151; 2005 c.626 §1]
162.257
Interfering with a firefighter or emergency medical technician. (1) A person commits the crime of
interfering with a firefighter or emergency medical technician if the person,
knowing that another person is a firefighter or emergency medical technician,
intentionally acts in a manner that prevents, or attempts to prevent, a
firefighter or emergency medical technician from performing the lawful duties
of the firefighter or emergency medical technician.
(2) Interfering with a firefighter or
emergency medical technician is a Class A misdemeanor.
(3) As used in this section, emergency
medical technician has the meaning given that term in ORS 682.025. [2003 c.529
§2]
162.265
Bribing a witness. (1) 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:
(a) The testimony of the person as a
witness will thereby be influenced; or
(b) The person will avoid legal process
summoning the person to testify; or
(c) The person will be absent from any
official proceeding to which the person has been legally summoned.
(2) Bribing a witness is a Class C felony.
[1971 c.743 §201]
162.275
Bribe receiving by a witness.
(1) 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:
(a) The testimony of the person as a
witness will thereby be influenced; or
(b) The person will avoid legal process
summoning the person to testify; or
(c) The person will be absent from any
official proceeding to which the person has been legally summoned.
(2) Bribe receiving by a witness is a
Class C felony. [1971 c.743 §202]
162.285
Tampering with a witness.
(1) A person commits the crime of tampering with a witness if:
(a) 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
(b) The person knowingly induces or
attempts to induce a witness to be absent from any official proceeding to which
the person has been legally summoned.
(2) Tampering with a witness is a Class C
felony. [1971 c.743 §203; 1979 c.231 §1]
162.295
Tampering with physical evidence. (1) 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:
(a) Destroys, mutilates, alters, conceals
or removes physical evidence impairing its verity or availability; or
(b) Knowingly makes, produces or offers
any false physical evidence; or
(c) Prevents the production of physical
evidence by an act of force, intimidation or deception against any person.
(2) Tampering with physical evidence is a
Class A misdemeanor. [1971 c.743 §204]
162.305
Tampering with public records.
(1) 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.
(2)(a) Except as provided in paragraph (b)
of this subsection, tampering with public records is a Class A misdemeanor.
(b) Tampering with records relating to the
162.310 [Repealed by 1971 c.743 §432]
162.315
Resisting arrest. (1) 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.
(2) As used in this section:
(a) Arrest has the meaning given that
term in ORS 133.005 and includes, but is not limited to, the booking process.
(b) Parole and probation officer has the
meaning given that term in ORS 181.610.
(c) Resists means the use or threatened
use of violence, physical force or any other means that creates a substantial
risk of physical injury to any person and includes, but is not limited to,
behavior clearly intended to prevent being taken into custody by overcoming the
actions of the arresting officer. The behavior does not have to result in
actual physical injury to an officer. Passive resistance does not constitute
behavior intended to prevent being taken into custody.
(3) It is no defense to a prosecution
under this section that the peace officer or parole and probation officer
lacked legal authority to make the arrest or book the person, provided the
officer was acting under color of official authority.
(4) Resisting arrest is a Class A
misdemeanor. [1971 c.743 §206; 1989 c.877 §1; 1997 c.749 §3; 2005 c.668 §2]
162.320 [Repealed by 1971 c.743 §432]
162.322 [1961 c.649 §1; repealed by 1971 c.743 §432]
162.324 [1961 c.649 §2; repealed by 1971 c.743 §432]
162.325
Hindering prosecution. (1) 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:
(a) Harbors or conceals such person; or
(b) Warns such person of impending
discovery or apprehension; or
(c) Provides or aids in providing such
person with money, transportation, weapon, disguise or other means of avoiding
discovery or apprehension; or
(d) Prevents or obstructs, by means of
force, intimidation or deception, anyone from performing an act which might aid
in the discovery or apprehension of such person; or
(e) Suppresses by any act of concealment,
alteration or destruction physical evidence which might aid in the discovery or
apprehension of such person; or
(f) Aids such person in securing or
protecting the proceeds of the crime.
(2) Hindering prosecution is a Class C
felony. [1971 c.743 §207]
162.326 [1961 c.649 §3; repealed by 1971 c.743 §432]
162.330 [Amended by 1961 c.649 §4; repealed by 1971
c.743 §432]
162.335
Compounding. (1) 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.
(2) Compounding is a Class A misdemeanor. [1971
c.743 §208]
162.340 [Amended by 1955 c.660 §21; 1961 c.649 §5;
repealed by 1971 c.743 §432]
162.345
Defenses for hindering or compounding limited. It is no defense to a prosecution for
hindering prosecution or compounding that the principal offender is not
apprehended, prosecuted, convicted or punished. [1971 c.743 §209]
162.350 [Amended by 1955 c.660 §22; repealed by 1961
c.649 §9]
162.355
Simulating legal process. (1)
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.
(2) As used in this section:
(a) Civil or criminal process means a
document or order, including, but not limited to, a summons, lien, complaint,
warrant, injunction, writ, notice, pleading or subpoena, that is issued by a
court or that is filed or recorded for the purpose of:
(A) Exercising jurisdiction;
(B) Representing a claim against a person
or property;
(C) Directing a person to appear before a
court or tribunal; or
(D) Directing a person to perform or
refrain from performing a specified act.
(b) Person has the meaning given that
term in ORS 161.015, except that in relation to a defendant, person means a
human being, a public or private corporation, an unincorporated association or
a partnership.
(3) Simulating legal process is a Class C
felony. [1971 c.743 §210; 1997 c.395 §1; 2005 c.2 §1]
162.360 [Repealed by 1961 c.649 §9]
162.365
Criminal impersonation. (1)
A person commits the crime of criminal impersonation 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) A public servant; or
(b) An active member or veteran of the
Armed Forces of the
(2) It is no defense to a prosecution for
criminal impersonation that:
(a) The office, position or title that the
person pretended to hold did not in fact exist; or
(b) The unit of government that the person
pretended to represent did not in fact exist.
(3)(a) Criminal impersonation is a Class A
misdemeanor.
(b) Notwithstanding paragraph (a) of this
subsection, criminal impersonation is a Class C felony if the public servant
impersonated is a peace officer, judge or justice of the peace. [1971 c.743 §211;
1993 c.243 §1; 1997 c.395 §2; 2003 c.577 §12; 2007 c.510 §1]
162.367
Criminal impersonation of peace officer. (1) 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.
(2) Criminal impersonation of a peace
officer is a Class C felony.
(3) As used in this section:
(a) False law enforcement identification
means a badge or an identification card that:
(A) Identifies the possessor of the badge
or card as a member of a law enforcement unit; and
(B) Was not lawfully issued to the
possessor by the law enforcement unit.
(b) Law enforcement uniform means
clothing bearing words such as police, sheriff, state trooper or law
enforcement, or clothing that is an official uniform or substantially similar
to an official uniform of a law enforcement unit that would make it reasonably
likely that a person would believe that the wearer is a peace officer. [1993
c.243 §2; 2005 c.259 §1]
Note: 162.367 and 162.369 were enacted into law by
the Legislative Assembly but were not added to or made a part of ORS chapter
162 or any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
162.369
Possession of false law enforcement identification card. (1) A person commits the crime of possession
of a false law enforcement identification card if the person possesses a false
law enforcement identification card.
(2) Possession of a false law enforcement
identification card is a Class A misdemeanor.
(3) As used in this section, false law
enforcement identification card means an identification card that:
(a) Identifies the possessor of the card
as a member of a law enforcement unit; and
(b) Was not lawfully issued to the
possessor by the law enforcement unit. [1993 c.243 §3]
Note: See note under 162.367.
162.370 [Repealed by 1961 c.649 §9]
162.375
Initiating a false report.
(1) A person commits the crime of initiating a false report if the person
knowingly initiates a false alarm or report which is transmitted to a fire
department, law enforcement agency or other organization that deals with emergencies
involving danger to life or property.
(2) Initiating a false report is a Class C
misdemeanor. [1971 c.743 §212]
162.380 [Amended by 1953 c.531 §2; 1955 c.660 §23;
repealed by 1971 c.743 §432]
162.385
Giving false information to peace officer for a citation or arrest on a
warrant. (1) A person
commits the crime of giving false information to a peace officer for issuance
or service of a citation or for an arrest on a warrant if the person knowingly
uses or gives a false or fictitious name, address or date of birth to any peace
officer for the purpose of:
(a) The officers issuing or serving the
person a citation under authority of ORS 133.055 to 133.076 or ORS chapter 153;
or
(b) The officers arresting the person on
a warrant.
(2) A person who violates this section
commits a Class A misdemeanor. [1983 c.661 §11; 1999 c.1051 §70; 2003 c.777 §1;
2007 c.771 §1]
Note: 162.385 was added to and made a part of ORS
chapter 133 by legislative action. It was not added to ORS chapter 162 or any
series therein by legislative action. See Preface to Oregon Revised Statutes
for further explanation.
162.390 [Amended by 1955 c.660 §24; repealed by 1961
c.649 §9]
162.400 [Repealed by 1971 c.743 §432]
ABUSE OF
PUBLIC OFFICE
162.405
Official misconduct in the second degree. (1) 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.
(2) Official misconduct in the second
degree is a Class C misdemeanor. [1971 c.743 §214]
162.410 [Repealed by 1961 c.649 §9]
162.415
Official misconduct in the first degree. (1) A public servant commits the crime of official misconduct in the
first degree if with intent to obtain a benefit or to harm another:
(a) 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
(b) The public servant knowingly performs
an act constituting an unauthorized exercise in official duties.
(2) Official misconduct in the first
degree is a Class A misdemeanor. [1971 c.743 §215]
162.420 [Repealed by 1961 c.649 §9]
162.425
Misuse of confidential information. (1) 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 acquires or aids another
in acquiring a pecuniary interest in any property, transaction or enterprise
which may be affected by such information or official action.
(2) Misuse of confidential information is
a Class B misdemeanor. [1971 c.743 §216]
162.430 [Amended by 1961 c.649 §6; repealed by 1971
c.743 §432]
162.440 [Amended by 1961 c.649 §7; repealed by 1971
c.743 §432]
162.450 [1965 c.447 §§8, 9; repealed by 1971 c.743 §432]
INTERFERENCE
WITH LEGISLATIVE OPERATIONS
162.455
Interfering 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 gains or seeks
to gain access to the chambers or meeting in such manner shall be guilty of a
misdemeanor. [1971 c.276 §1]
162.465
Unlawful legislative lobbying.
(1) 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 to the member the true interest
of the person therein, or that of the principal of the person and the persons
own agency therein.
(2) Unlawful legislative lobbying is a
Class B misdemeanor. [1971 c.743 §213]
162.510 [Repealed by 1971 c.743 §432]
162.520 [Repealed by 1971 c.743 §432]
162.530 [Repealed by 1971 c.743 §432]
162.540 [Repealed by 1971 c.743 §432]
162.550 [Repealed by 1971 c.743 §432]
162.560 [Repealed by 1971 c.743 §432]
162.570 [Repealed by 1971 c.743 §432]
162.580 [Repealed by 1971 c.743 §432]
162.590 [Repealed by 1971 c.743 §432]
162.600 [Repealed by 1971 c.743 §432]
162.610 [Repealed by 1971 c.743 §432]
162.620 [Repealed by 1971 c.743 §432]
162.630 [Repealed by 1971 c.743 §432]
162.640 [Repealed by 1971 c.743 §432]
162.650 [Repealed by 1971 c.743 §432]
162.655 [Repealed by 1971 c.743 §432]
162.660 [Repealed by 1971 c.743 §432]
162.670 [Repealed by 1971 c.743 §432]
162.680 [Repealed by 1971 c.743 §432]
162.690 [Repealed by 1971 c.743 §432]
162.700 [Repealed by 1971 c.743 §432]
162.710 [Repealed by 1971 c.743 §432]
162.720 [Repealed by 1971 c.743 §432]
162.730 [Repealed by 1971 c.743 §432]
162.740 [Repealed by 1971 c.743 §432]
_______________
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