OREGON THEFT CRIMES GUIDE

OREGON PERJURY AND FALSE SWEARING LAWS



David N Lesh
Oregon Criminal Defense Attorney
Oregon Super Lawyer 2018 and 2019

Call today to speak with Mr. Lesh about your case
(503) 546-2928
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   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]

POSSIBLE SENTENCE
Probation Usually
Jail Often
Prison Sometimes

   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]

POSSIBLE SENTENCE
Probation Usually
Jail Sometimes

   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]

POSSIBLE SENTENCE
Probation Usually
Jail Sometimes

   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]

 



"I defend and help people facing perjury and false swearing charges in the Portland metro area. 
Call me today at 503.546.2928 for immediate assistance with your case."

Twenty nine years as an Oregon attorney
Former Multnomah County prosecutor
Former deputy city attorney assigned to the Portland Police Bureau

2018 and 2019 Oregon Super Lawyer
Highly Rated


"Should you hire me to represent you, I will be your lawyer and point of contact.
I don't use-low level associates, paralegals, legal assistants, or case managers.
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David Lesh provides Oregon criminal defense assistance to the communities of:  Portland Ore., Portland OR, NW Northwest, SW Southwest, SE Southeast, NE Northeast, and N North; Gresham; Beaverton; Hillsboro; Lake Oswego; McMinnville; Oregon City; Tualatin; West Linn; Milwaukie; Wilsonville; Troutdale; and Multnomah County; Clackamas Counties.  Read our privacy statement.  Mr. Lesh accepts American Express, Discover, Visa and MasterCard credit cards / card.  Copyright 2019, 2018, 2017, 2016, 2015, 2014, 2013, 2012, 2011, 2010, 2009, 2008, 2007.