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.005 to 163A.235) 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]

Source: Section 162.415 — Official misconduct in the first degree, https://www.­oregonlegislature.­gov/bills_laws/ors/ors162.­html.

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

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
Green check means up to date. Up to date

Current through early 2024

§ 162.415’s source at oregon​.gov