Offenses Against the State and Public Justice

ORS 162.415
Official misconduct in the first degree

(1)

A public servant commits the crime of official misconduct in the first degree if:

(a)

With intent to obtain a benefit or to harm another:

(A)

The public servant knowingly fails to perform a duty imposed upon the public servant by law or one clearly inherent in the nature of office; or

(B)

The public servant knowingly performs an act constituting an unauthorized exercise in official duties; or

(b)

The public servant, while acting as a supervisory employee, violates ORS 162.405 (Official misconduct in the second degree) and is aware of and consciously disregards the fact that the violation creates a risk of:

(A)

Physical injury to a vulnerable person;

(B)

The commission of a sex crime as defined in ORS 163A.005 (Definitions for ORS 163A) against a vulnerable person; or

(C)

The withholding from a vulnerable person of necessary and adequate food, physical care or medical attention.

(2)

Official misconduct in the first degree is a Class A misdemeanor.

(3)

As used in this section:

(a)

“Supervisory employee” means a person having the authority, in the interest of an employer, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward or discipline other employees.

(b)

“Vulnerable person” has the meaning given that term in ORS 136.427 (Confessions). [1971 c.743 §215; 2017 c.519 §1]

Notes of Decisions

This section does not require, for criminal culpability, that personal benefit flow to public employe, but it is sufficient that employe act with intent to grant benefit to third party. State v. Rodda, 56 Or App 580, 642 P2d 364 (1982), Sup Ct review denied

“Unauthorized exercise in official duties” requires that public servant be acting in official capacity and must knowingly perform act that is abuse of powers, responsibilities or opportunities of office while in that capacity. State v. Florea, 296 Or 500, 677 P2d 698 (1984); State v. Davis, 189 Or App 436, 76 P3d 144 (2003)

Benefit under this section includes personal sexual gratification. State v. Moffitt, 104 Or App 340, 801 P2d 855 (1990)

COMPLETED CITATIONS: State v. Johnson, 6 Or App 195, 487 P2d 115 (1971), Sup Ct review denied

Source

Last accessed
Mar. 11, 2023

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