Offenses Against the State and Public Justice

ORS 162.055
Definitions for ORS 162.055 to 162.425

As used in ORS 162.055 (Definitions for ORS 162.055 to 162.425) to 162.425 (Misuse of confidential information) and 162.465 (Unlawful legislative lobbying), unless the context requires otherwise:


“Benefit” means gain or advantage to the beneficiary or to a third person pursuant to the desire or consent of the beneficiary.


“Material” means that which could have affected the course or outcome of any proceeding or transaction. Whether a false statement is “material” in a given factual situation is a question of law.


“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.


“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.


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

Notes of Decisions

Where defendant testified that he paid woman and that she signed satisfaction of judgment, his other testimony, such as where and how he got money, was material and sufficient to support perjury charge. State v. Ray, 36 Or App 375, 584 P2d 366 (1978), Sup Ct review denied

Where defendant, in proceeding to terminate her parental rights, made false statement in regard to her use of drugs, these statements were not material under this section, where usage of drugs was not alleged in petition for grounds for termination. State v. Darnell, 49 Or App 461, 619 P2d 1321 (1980)

To be sworn statement, oath or affirmation may be in any form having sufficient level of formality to impress maker with seriousness of act. State v. Carr, 319 Or 408, 877 P2d 1192 (1994)

Chapter 162

Law Review Citations

51 OLR 427-637 (1972)


Last accessed
Jun. 26, 2021