Title 162 · ORS Chapter 162

or 162.205 shall counsel representing the defendant on the underlying

Citation: ORS 162.195

Section: 162.195

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:

�� (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�� 162.210 [Repealed by 1971 c.743 �432]

�� 162.220 [Repealed by 1971 c.743 �432]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:

�� (a) 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;

�� (b) With intent to defraud, engages in the business of or acts in the capacity of a notary public as defined in ORS 194.215 without having received a commission as a notary public from the Secretary of State; or

�� (c) With intent to defraud, engages in the business of or acts in the capacity of an immigration consultant, as defined in ORS 9.280, in violation of ORS 9.160.

�� (2)(a) This section does not apply to the obstruction of unlawful governmental or judicial action or interference with the making of an arrest.

�� (b) Subsection (1)(a) of this section does not apply to the act of informing another person of the other person�s civil or constitutional rights.

�� (3) Obstructing governmental or judicial administration is a Class A misdemeanor. [1971 c.743 �198; 1981 c.902 �1; 2016 c.47 �1; 2025 c.246 �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) This section does not apply to the act, by itself, of informing another person of the other person�s civil or constitutional rights.

�� (3) Refusing to assist a peace officer is a Class B violation. [1971 c.743 �199; 1999 c.1051 �150; 2025 c.246 �2]

�� 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 181A.355, intentionally or knowingly acts in a manner that prevents, or attempts to prevent, the peace officer or parole and probation officer from performing the lawful duties of the officer with regard to another person or a criminal investigation.

�� (2) Interfering with a peace officer or parole and probation officer is a Class A misdemeanor.

�� (3) This section does not apply:

�� (a) In situations in which the person is engaging in passive resistance.

�� (b) To the act of informing another person of the other person�s civil or constitutional rights.

�� (4) A person may not be arrested or charged under this section if the person is arrested or charged for another offense based on the same conduct. [1997 c.719 �1; 1999 c.1040 �7; 2005 c.668 �1; 2021 c.254 �1; 2025 c.246 �3]

�� 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 services provider. (1) 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 the firefighter or emergency medical services provider.

�� (2) Interfering with a firefighter or emergency medical services provider is a Class A misdemeanor.

�� (3) As used in this section, �emergency medical services provider� has the meaning given that term in ORS 682.025. [2003 c.529 �2; 2011 c.703 �26]

�� 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 Oregon State Lottery is a Class C felony. [1971 c.743 �205; 1991 c.962 �16]

�� 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 181A.355.

�� (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 of a public servant. (1) 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.

�� (2) It is no defense to a prosecution under this section 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 of a public servant is a Class A misdemeanor.

�� (b) Notwithstanding paragraph (a) of this subsection, criminal impersonation of a public servant is a Class C felony if the public servant impersonated is a peace officer, judge or justice of the peace.

�� (4) For the purposes of this section, �public servant� includes an active member or veteran of the Armed Forces of the United States. [1971 c.743 �211; 1993 c.243 �1; 1997 c.395 �2; 2003 c.577 �12; 2007 c.510 �1; 2016 c.22 �3]

�� 162.367 Criminal impersonation of a 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 a 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 that 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 A misdemeanor.

�� (3)(a) The court shall include in the sentence of any person convicted under this section a requirement that the person repay the costs incurred in responding to and investigating the false report.

�� (b) If the response to the false report involved the deployment of a law enforcement special weapons and tactics (SWAT) team or a similar law enforcement group, the court shall impose, and may not suspend, a term of incarceration of:

�� (A) At least 10 days.

�� (B) At least 30 days if the deployment resulted in death or serious physical injury to another person. [1971 c.743 �212; 2013 c.490 �1; 2015 c.751 �2; 2018 c.120 �9]

�� 162.380 [Amended by 1953 c.531 �2; 1955 c.660 �23; repealed by 1971 c.743 �432]

�� 162.385 Giving false information to a peace officer in connection with a citation or warrant. (1) 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:

�� (a) The peace officer is issuing or serving the person a citation under authority of ORS