Offenses Against the State and Public Justice

ORS 162.205
Failure to appear in the first degree


A person commits the crime of failure to appear in the first 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 felony; 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 felony.


Failure to appear in the first degree is a Class C felony. [1971 c.743 §196; 1973 c.836 §344; 2001 c.517 §4; 2003 c.320 §2]

Notes of Decisions

Evidence of defendant’s whereabouts one month following his failure to appear was properly admitted. State v. Sims, 23 Or App 438, 543 P2d 300 (1975)

Where court properly considered criminal and crime, sentence within maximum was not excessive, cruel or unusual. State v. Bilton, 36 Or App 513, 585 P2d 50 (1978)

Where defendant violated parole from Washington burglary conviction and failed to appear at Oregon extradition proceeding, he was properly convicted of failure to appear in connection with Washington burglary charge. State v. Beirley, 46 Or App 73, 610 P2d 1233 (1980)

Argument that court should have granted defendant’s motion for judgment of acquittal because to “appear personally in connection with a charge against him” does not mean that defendant must make himself available for incarceration by remaining in courtroom is without merit. State v. Johnson, 66 Or App 123, 672 P2d 1249 (1983)

Where, under release agreement, defendant agreed to appear and answer charges in circuit court on dates and times “to be set” and voluntarily failed to appear on last day of trial, his violation of release agreement was not excused by his presence on other days of trial. State v. Phillips, 84 Or App 316, 734 P2d 4 (1987), Sup Ct review denied

Mistaken belief concerning necessity for appearance was relevant to issue of intent to not appear. State v. Ross, 123 Or App 264, 859 P2d 569 (1993)

“Custody” does not include constructive restraint by court. State v. Ford, 207 Or App 407, 142 P3d 107 (2006)

Where defendant is released from custody under release agreement, defendant may be convicted for failure to appear as required by agreement regardless of whether defendant remains entitled to release on date of alleged failure. State v. Crawford, 208 Or App 340, 144 P3d 1073 (2006)

Criminal penalty for failure to personally appear after release under release agreement does not attach unless agreement unambiguously requires personal appearance. State v. Lobue, 300 Or App 340, 453 P3d 929 (2019)


Last accessed
Mar. 11, 2023