ORS 162.247
Interfering with a peace officer or parole and probation officer


(1)

A person commits the crime of interfering with a peace officer or parole and probation officer if the person, knowing that another person is a peace officer or a parole and probation officer as defined in ORS 181A.355 (Definitions for ORS 181A.355 to 181A.689), intentionally or knowingly acts in a manner that prevents, or attempts to prevent, the peace officer or parole and probation officer from performing the lawful duties of the officer with regards to another person or a criminal investigation.

(2)

Interfering with a peace officer or parole and probation officer is a Class A misdemeanor.

(3)

This section does not apply in situations in which the person is engaging in passive resistance.

(4)

A person may not be arrested or charged under this section if the person is arrested or charged for another offense based on the same conduct. [1997 c.719 §1; 1999 c.1040 §7; 2005 c.668 §1; 2021 c.254 §1]
Note: 162.247 (Interfering with a peace officer or parole and probation officer) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 162 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Source: Section 162.247 — Interfering with a peace officer or parole and probation officer, https://www.­oregonlegislature.­gov/bills_laws/ors/ors162.­html.

Notes of Decisions

Speech alone does not constitute acting in manner that prevents or attempts to prevent peace officer from performing duty. State v. Lam, 176 Or App 149, 29 P3d 1206 (2001)

“Lawful order” is not unconstitutionally vague term. State v. Andre, 178 Or App 566, 38 P3d 949 (2002)

Prohibition against refusing to obey lawful order is not facially overbroad violation of constitutional right of free speech or freedom of assembly. State v. Illig-Renn, 341 Or 228, 142 P3d 62 (2006)

Prohibition against refusing to obey lawful order is not facially vague, vague for conferring uncontrolled discretion to punish or vague for failure to give fair warning. State v. Illig-Renn, 341 Or 228, 142 P3d 62 (2006)

Unlawful police conduct in initiating encounter does not prevent order issued during encounter from being lawful order. State v. Neill, 216 Or App 499, 173 P3d 1262 (2007), Sup Ct review denied

To commit crime of interfering with peace officer or parole and probation officer, person does not need to have culpable mental state with respect to lawfulness of police order. State v. Ruggles, 238 Or App 86, 242 P3d 643 (2010), Sup Ct review denied

Defendant, who did not obey officers’ commands but instead ignored officers and continued working on vehicle, was not “engaging in passive resistance,” which means engaging in acts or techniques of noncooperation commonly associated with government protest or civil disobedience. State v. Patnesky, 265 Or App 356, 335 P3d 331 (2014)

Refusal to obey officer’s lawful order requires defendant to consciously intend to disobey officer’s lawful order, not merely fail to disobey order. State v. Enyeart, 266 Or App 763, 340 P3d 57 (2014)

“Passive resistance” means noncooperation for any reason with lawful order of peace officer in manner that does not involve violence or active measures. State v. McNally, 361 Or 314, 392 P3d 721 (2017); State v. Washington, 286 Or App 650, 401 P3d 297 (2017); State v. Bledsoe, 311 Or App 183, 487 P3d 862 (2021), Sup Ct review denied

State may bring alternative charges of resisting arrest and interfering with peace officer against defendant based on same acts but may not convict defendant of both resisting arrest and interfering with peace officer. State v. Garcia, 361 Or 672, 399 P3d 444 (2017)

When state brings alternative charges of resisting arrest and interfering with peace officer against defendant based on same acts, trial court should submit both charges to jury with appropriate instruction or verdict form. State v. Garcia, 361 Or 672, 399 P3d 444 (2017)

As used in this provision, “prevents” means physical action taken that keeps something from happening, and “attempts to prevent” means physical actions that do not completely stop officers from performing lawful duties but constitute substantial step towards that end, and trier of fact could conclude that defendant continuing to approach and circle officers arresting other person, after repeated warnings to stop, attempted to prevent arrest. State v. Scheirman, 295 Or App 238, 433 P3d 761 (2018)

Passive resistance is not element of crime of interfering with peace officer. State v. Moravek, 297 Or App 763, 444 P3d 521 (2019), Sup Ct review denied

When officer made initial unlawful seizure of defendant, officer-safety doctrine did not permit officer to impose more stringent restraint to effectuate unlawful seizure. State v. Kreis, 365 Or 659, 451 P3d 954 (2019)

For purposes of plain-error review, where person is already walking and continues walking after being ordered to stop, whether person is engaged in “passive resistance” is not obvious and is reasonably in dispute. State v. Swartz, 302 Or App 93, 460 P3d 124 (2020), Sup Ct review denied

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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