Offenses Against the State and Public Justice

ORS 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]

Notes of Decisions

It is not grant of unequal privileges or immunities under Article I, section 20 of the Oregon Constitution that prosecutor may choose between charging false statements under election laws (ORS 260.715) and unsworn falsification under this section. State v. Huntley, 82 Or App 350, 728 P2d 868 (1986), Sup Ct review denied

Even though not convicted, finding that accused committed crimes of forgery, unsworn falsification and bigamy was sufficient to disbar attorney. In re Kirkman, 313 Or 181, 830 P2d 206 (1992)

Statement filed as required to avoid detriment is not necessarily statement made in connection with application for benefit. American Federation of Teachers v. Oregon Taxpayers United, 208 Or App 350, 145 P3d 1111 (2006), on reconsideration209 Or App 518, 149 P3d 159 (2006), aff’d 345 Or 1, 189 P3d 9 (2008)

“Application” for benefit includes submission to continue or renew existing benefit. American Federation of Teachers v. Oregon Taxpayers United, 208 Or App 350, 145 P3d 1111 (2006), on reconsideration 209 Or App 518, 149 P3d 159 (2006), aff’d 345 Or 1, 189 P3d 9 (2008)


Source

Last accessed
May 26, 2023