ORS 162.195
Failure to appear in the second degree


(1)

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

(a)

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

(b)

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.

(2)

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]

Source: Section 162.195 — Failure to appear in the second degree, https://www.­oregonlegislature.­gov/bills_laws/ors/ors162.­html.

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)

162.005
Definitions for ORS 162.005 to 162.425
162.015
Bribe giving
162.025
Bribe receiving
162.035
Bribery defenses
162.055
Definitions for ORS 162.055 to 162.425
162.065
Perjury
162.075
False swearing
162.085
Unsworn falsification
162.095
Defenses to perjury and false swearing limited
162.105
Retraction as defense
162.115
Corroboration of falsity required
162.117
Public investment fraud
162.118
Illegal conduct by State Treasury not a defense
162.119
Public fraud as racketeering activity
162.121
Construction of ORS 162.117 to 162.121
162.135
Definitions for ORS 162.135 to 162.205
162.145
Escape in the third degree
162.155
Escape in the second degree
162.165
Escape in the first degree
162.175
Unauthorized departure
162.185
Supplying contraband
162.193
Failure to appear
162.195
Failure to appear in the second degree
162.205
Failure to appear in the first degree
162.225
Definitions for ORS 162.225 to 162.375
162.235
Obstructing governmental or judicial administration
162.245
Refusing to assist a peace officer
162.247
Interfering with a peace officer or parole and probation officer
162.255
Refusing to assist in fire-fighting operations
162.257
Interfering with a firefighter or emergency medical services provider
162.265
Bribing a witness
162.275
Bribe receiving by a witness
162.285
Tampering with a witness
162.295
Tampering with physical evidence
162.305
Tampering with public records
162.315
Resisting arrest
162.325
Hindering prosecution
162.335
Compounding
162.345
Defenses for hindering or compounding limited
162.355
Simulating legal process
162.365
Criminal impersonation of a public servant
162.367
Criminal impersonation of a peace officer
162.369
Possession of a false law enforcement identification card
162.375
Initiating a false report
162.385
Giving false information to a peace officer in connection with a citation or warrant
162.405
Official misconduct in the second degree
162.415
Official misconduct in the first degree
162.425
Misuse of confidential information
162.455
Interfering with legislative operations
162.465
Unlawful legislative lobbying
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