Offenses Against the State and Public Justice

ORS 162.195
Failure to appear in the second degree


A person commits the crime of failure to appear in the second degree if the person knowingly fails to appear as required after:


Having by court order been released from custody or a correctional facility under a release agreement or security release upon the condition that the person will subsequently appear personally in connection with a charge against the person of having committed a misdemeanor; or


Having been released from a correctional facility subject to a forced release agreement under ORS 169.046 (Notice of county jail population emergency) in connection with a charge against the person of having committed a misdemeanor.


Failure to appear in the second degree is a Class A misdemeanor. [1971 c.743 §195; 1973 c.836 §343; 1993 c.533 §5; 1999 c.1051 §69; 2001 c.517 §3; 2003 c.320 §1]

Notes of Decisions

While trial court did not err in entering separate convictions for violation of each release agreement requiring appearance on specified date, defendant could be sentenced only for one crime. State v. Eastman, 112 Or App 256, 828 P2d 484 (1992)

“Release agreement” has meaning given in ORS 135.230 and applies only to time period before entry of judgment or during appeal. State v. Tally, 184 Or App 715, 57 P3d 592 (2002)

Place of confinement of defendant prior to release under release agreement or security release is not material element of offense. State v. Duvall, 187 Or App 316, 67 P3d 424 (2003)

Where person failed to appear at hearing in connection with diversion agreement that suspended offense proceeding, failure was in connection with charge against person. State v. McCoin, 193 Or App 623, 91 P3d 760 (2004)

Where multiple offenses are covered by single release agreement, failure to appear is single violation. State v. Camarena-Velasco, 207 Or App 19, 139 P3d 979 (2006)

Defendant, who was released on security release but without evidence of sworn writing in release agreement to appear, may be convicted for second-degree failure to appear. State v. Taylor, 258 Or App 737, 311 P3d 953 (2013), Sup Ct review denied

Where defendant appeared voluntarily before trial court and court conditionally released defendant pursuant to agreement that required future court appearance through court’s book and release process, defendant was not “released from custody” prior to failing to appear because “custody” requires actual or constructive restraint imposed by peace officer pursuant to arrest or court order. State v. McColly, 364 Or 464, 435 P3d 715 (2019)


Last accessed
Mar. 11, 2023