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|"I defend people facing perjury and false swearing charges in the State of Oregon."|
OREGON PERJURY AND FALSE SWEARING LAWS AND OFFENSES
ORS 162.055 Definitions for ORS 162.055 to 162.425. As used in ORS 162.055 to 162.425 and 162.465, unless the context requires otherwise:
(1) “Benefit” means gain or advantage to the beneficiary or to a third person pursuant to the desire or consent of the beneficiary.
(2) “Material” means that which could have affected the course or outcome of any proceeding or transaction. Whether a false statement is “material” in a given factual situation is a question of law.
(3) “Statement” means any representation of fact and includes a representation of opinion, belief or other state of mind where the representation clearly relates to state of mind apart from or in addition to any facts which are the subject of the representation.
(4) “Sworn statement” means any statement that attests to the truth of what is stated and that is knowingly given under any form of oath or affirmation or by declaration under penalty of perjury as described in ORCP 1 E. [1971 c.743 §182; 1981 c.892 §90; 2003 c.194 §4]
ORS 162.065 Perjury. (1) A person commits the crime of perjury if the person makes a false sworn statement in regard to a material issue, knowing it to be false.
(2) Perjury is a Class C felony. [1971 c.743 §183]
ORS 162.075 False swearing. (1) A person commits the crime of false swearing if the person makes a false sworn statement, knowing it to be false.
(2) False swearing is a Class A misdemeanor. [1971 c.743 §184]
ORS 162.085 Unsworn falsification. (1) A person commits the crime of unsworn falsification if the person knowingly makes any false written statement to a public servant in connection with an application for any benefit.
(2) Unsworn falsification is a Class B misdemeanor. [1971 c.743 §185]
ORS 162.095 Defenses to perjury and false swearing limited. It is no defense to a prosecution for perjury or false swearing that:
(1) The statement was inadmissible under the rules of evidence; or
(2) The oath or affirmation was taken or administered in an irregular manner; or
(3) The defendant mistakenly believed the false statement to be immaterial. [1971 c.743 §186]
ORS 162.105 Retraction as defense. (1) It is a defense to a prosecution for perjury or false swearing committed in an official proceeding that the defendant retracted the false statement:
(a) In a manner showing a complete and voluntary retraction of the prior false statement; and
(b) During the course of the same official proceeding in which it was made; and
(c) Before the subject matter of the official proceeding is submitted to the ultimate trier of fact.
(2) “Official proceeding,” as used in this section, means a proceeding before any judicial, legislative or administrative body or officer, wherein sworn statements are received, and includes any referee, hearing examiner, commissioner, notary or other person taking sworn statements in connection with such proceedings. Statements made in separate stages of the same trial or administrative proceeding shall be considered to have been made in the course of the same proceeding. [1971 c.743 §187]
ORS 162.115 Corroboration of falsity required. In any prosecution for perjury or false swearing, falsity of a statement may not be established solely through contradiction by the testimony of a single witness. [1971 c.743 §188]
David N Lesh
Oregon Defense Lawyer
No cost initial consultation
434 NW 19th Avenue
Portland, OR 97209
TIP: Perjury and false swearing are expungeable offenses if you otherwise qualify.
David Lesh Mini Biography
Oregon attorney since 1990;
Former prosecutor (5 years);
Former lawyer to the Portland Police Bureau (3+ years);
Sought after criminal defense attorney (11+ years).