ORS 162.065
Perjury


(1)

A person commits the crime of perjury if the person makes a false sworn statement or a false unsworn declaration in regard to a material issue, knowing it to be false.

(2)

Perjury is a Class C felony. [1971 c.743 §183; 2013 c.218 §19]

Notes of Decisions

Where the defendant testified that he did not remember a fact about which he had previously made statements, the issue of whether the defendant knew and remembered such fact at the time of the testimony claimed to be perjured must, of necessity, be established by circumstantial evidence. State v. Shoemaker, 277 Or 55, 559 P2d 498 (1977)

Where defendant’s allegedly false statement was made during hearing on motion to suppress and no evidence of contents of that motion or issues at the hearing were introduced, perjury conviction was reversed because there was insufficient evidence of materiality of statement. State v. Greenlaw, 49 Or App 15, 618 P2d 1291 (1980), as modified by 50 Or App 97, 622 P2d 325 (1980)

Where defendant, in proceeding to terminate her parental rights, made false statements in regard to her use of drugs, these statements were not material where usage of drugs was not alleged in petition as grounds for termination and conviction for perjury was improper. State v. Darnell, 49 Or App 461, 619 P2d 1321 (1980)

Where there was no specific statutory authority for administration of oath by Release Assistance Officer, defendant could not be convicted of perjury for false statements under oath administered by that official. State v. Flamer, 54 Or App 17, 633 P2d 860 (1981)

There was sufficient evidence that defendant’s verifications on custody release questionnaire that information there was “true and complete” were in fact false, where defendant knew that he did not disclose complete criminal record. State v. Proctor, 92 Or App 557, 759 P2d 316 (1988)

Because trial court administrator has express statutory authority to administer oaths and appoint deputies, and because court administrator acted within that authority in appointing release officer as deputy, defendant could be convicted of perjury for giving false information on oath administered by release officer so appointed. State v. Proctor, 92 Or App 557, 759 P2d 316 (1988)

Defendant was wrongly convicted of perjury where state presented no evidence even remotely suggesting that defendant did not sincerely believe his statement. State v. Hayes, 116 Or App 287, 843 P2d 944 (1992)

To prove perjury, state must show that defendant knew that statement was false, not that defendant was uncertain about truthfulness of statement. State v. Park, 120 Or App 294, 852 P2d 872 (1993), Sup Ct review denied

Where defendant was not administered formal oath, but signed construction lien notice falsely attesting to knowledge and belief of facts asserted, defendant was guilty of perjury. State v. Carr, 125 Or App 270, 863 P2d 1316 (1993), aff’d 319 Or 408, 877 P2d 1192 (1994)

Materially false statement is not perjury unless sworn to or affirmed before person authorized to take oaths or affirmations. Josephine County v. 1983 Chevrolet PU, 164 Or App 501, 992 P2d 947 (1999)

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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