Offenses Against the State and Public Justice

ORS 162.105
Retraction as defense


It is a defense to a prosecution for perjury or false swearing committed in an official proceeding that the defendant retracted the false statement:


In a manner showing a complete and voluntary retraction of the prior false statement; and


During the course of the same official proceeding in which it was made; and


Before the subject matter of the official proceeding is submitted to the ultimate trier of fact.


“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]


Last accessed
May 26, 2023