Offenses Against the State and Public Justice

ORS 162.175
Unauthorized departure

(1)

A person commits the crime of unauthorized departure if:

(a)

The person makes an unauthorized departure; or

(b)

Not being an adult in custody therein, the person aids another in making or attempting to make an unauthorized departure.

(2)

Unauthorized departure is a Class A misdemeanor. [1971 c.743 §193; 1983 c.815 §8; 1989 c.790 §54; 2019 c.213 §40]

Notes of Decisions

Person may be charged under this section for failure to return to custody after temporary release from a correctional facility. State v. Galligan, 312 Or 35, 816 P2d 601 (1991)

Where correctional facility is local facility, person who fails to return after authorized attendance at off-premises treatment program commits crime of unauthorized departure, not escape. State v. Manley, 326 Or 204, 951 P2d 686 (1997)

Person fails to return after temporary release if person is not in custody when temporary release expires. State v. Elvig, 230 Or App 57, 213 P3d 851 (2009)

Source

Last accessed
May 26, 2023

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