ORS 162.235
Obstructing governmental or judicial administration


(1)

A person commits the crime of obstructing governmental or judicial administration if the person:

(a)

Intentionally obstructs, impairs or hinders the administration of law or other governmental or judicial function by means of intimidation, force, physical or economic interference or obstacle;

(b)

With intent to defraud, engages in the business of or acts in the capacity of a notary public as defined in ORS 194.215 (Definitions) without having received a commission as a notary public from the Secretary of State; or

(c)

With intent to defraud, engages in the business of or acts in the capacity of an immigration consultant, as defined in ORS 9.280 (Prohibition on acting as immigration consultant), in violation of ORS 9.160 (Bar membership required to practice law).

(2)

This section shall not apply to the obstruction of unlawful governmental or judicial action or interference with the making of an arrest.

(3)

Obstructing governmental or judicial administration is a Class A misdemeanor. [1971 c.743 §198; 1981 c.902 §1; 2016 c.47 §1]

Notes of Decisions

Instruction that “intimidation” means “intentionally placing another in fear by threats to commit a crime”, was in language of this section and proper. State v. Mattila, 77 Or App 219, 712 P2d 832 (1986), Sup Ct review denied

Mere refusal to cooperate with law enforcement officers unaccompanied by one of four statutorily prohibited means of obstruction is not criminal act. Papst v. Bay, 354 F. Supp. 2d 1175 (D. Or. 2005)

Violation through “physical interference or obstacle” requires that person engage in taking action that results in bodily or material obstruction to government activity or process. State v. Gaines, 346 Or 160, 206 P3d 1042 (2009)

Chapter 162

Law Review Citations

51 OLR 427-637 (1972)


Source
Last accessed
May. 15, 2020