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)

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, unless the contribution is made in exchange for a promise to perform or not perform an official act.

����� (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; 2024 c.9 �20a]

����� 162.010 [Repealed by 1971 c.743 �432]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 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]

����� 162.020 [Repealed by 1971 c.743 �432]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����� 162.030 [Amended by 1963 c.625 �3; repealed by 1971 c.743 �432]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 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]

����� 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.

����� (5) �Unsworn declaration� has the meaning given that term in ORS 194.805. [1971 c.743 �182; 1981 c.892 �90; 2003 c.194 �4; 2013 c.218 �18]

����� 162.065 Perjury. (1) A person commits the crime of perjury if the person makes a false sworn statement or a false unsworn declaration in regard to a material issue, knowing it to be false.

����� (2) Perjury is a Class C felony. [1971 c.743 �183; 2013 c.218 �19]

����� 162.075 False swearing. (1) A person commits the crime of false swearing if the person makes a false sworn statement or a false unsworn declaration, knowing it to be false.

����� (2) False swearing is a Class A misdemeanor. [1971 c.743 �184; 2013 c.218 �20]

����� 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