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| Home > Statutes > Usa Oregon |
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USA Statutes : oregon
Title : TITLE 16 CRIMES AND PUNISHMENTS
Chapter : Chapter 162 Offenses Against the State and Public Justice
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As used in ORS
162.005 to 162.425 and 162.465, 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” includes:
(a) A public officer or employee of the state or of any political
subdivision thereof or of any governmental instrumentality within the
state;
(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] (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
servant’s 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]
(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](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 servant’s 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] 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] (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] (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] (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] 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] (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] 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] (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. 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. (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. 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.ESCAPE, SUPPLYING CONTRABAND AND FAILURE TO APPEAR 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 Oregon State Hospital, Eastern
Oregon Psychiatric Center, Eastern Oregon Training Center and any other
hospital established by law for similar purposes.
(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] (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] (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] (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] (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] (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]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] (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] (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]OBSTRUCTING GOVERNMENTAL ADMINISTRATION 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] (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] (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](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. (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](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] (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] (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] (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] (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] (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 Oregon State Lottery is
a Class C felony. [1971 c.743 §205; 1991 c.962 §16] (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] (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] (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] 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] (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] (1) A person commits the crime of
criminal impersonation if with intent to obtain a benefit or to injure,
deceive or defraud another the person falsely impersonates a public
servant and does an act in such assumed character.
(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] (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.
(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]
(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](1) A person commits the crime of giving false
information to a peace officer for issuance or service of a citation or
an arrest 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 the officer’s issuing or serving the person a citation under
authority of ORS 133.055 to 133.076 or ORS chapter 153 or for the purpose
of the officer’s arresting the person on an arrest warrant issued under
authority of ORS 133.110 or 133.120.
(2) A person who violates this section commits a Class A
misdemeanor. [1983 c.661 §11; 1999 c.1051 §70; 2003 c.777 §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.
(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] (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] (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] 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] (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 person’s own agency therein.
(2) Unlawful legislative lobbying is a Class B misdemeanor. [1971
c.743 §213]
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