(1) offers, confers or agrees to confer any pecuniary benefit to a witness in any official proceeding, or a person the suspect believes may be called as a witness, with the intent that:

(a) the testimony of the witness will be influenced OR

(b) the witness will avoid legal process summoning them to testify OR

(c) the witness will be absent from any official proceeding to which they have been legally summoned.

(1) a witness or someone believing they'll be called as a witness in any official proceeding, violates this statute if they solicit any pecuniary benefit with the intent, or accept or agree to accept any pecuniary benefit on an agreement or understanding, that:

(a) their testimony will be influenced OR

(b) they will avoid legal process summoning them to testify OR

(c) they will be absent from any official proceeding to which they have been legally summoned.

*** An officer must arrest anyone who has failed to comply with a no contact condition of a release agreement (133.310 (peace officer arrest authority without warrant)(6)(b)) ***

(1) except as otherwise provided in 161.685 (Effect of nonpayment of fines, restitution or costs), proceedings to impose punitive sanctions for contempt will be conducted as provided in this statute

(2) the following people may initiate the proceeding by an accusatory instrument charging a person with contempt of court and seeking a punitive sanction:

(a) a city attorney

(b) a district attorney

(c) The Attorney General

(3) if a city attorney, district attorney or Attorney General who regularly appears before the court declines to prosecute a contempt, and the court determines that remedial sanctions would not provide an effective alternative remedy, the court may appoint an attorney who is authorized to practice law in this state, and who is not counsel for an interested party, to prosecute the contempt. The court will allow reasonable compensation for the appointed attorney’s attendance, to be paid by:

(a) The Oregon Department of Administrative Services, if the attorney is appointed by the Supreme Court, the Court of Appeals or the Oregon Tax Court

(b) the city where the court is located, if the attorney is appointed by a municipal court AND

(c) the county where the prosecution is initiated, in all other cases

(4) the prosecutor may initiate proceedings on the prosecutor’s own initiative, at the request of a party to an action or proceeding or at the request of the court. After the prosecutor files an accusatory instrument, the court may issue any order or warrant necessary to compel the appearance of the defendant

(5) except as otherwise provided by this section, the accusatory instrument is subject to the same requirements and laws applicable to an accusatory instrument in a criminal proceeding, and all proceedings on the accusatory instrument will be in the manner prescribed for criminal proceedings

(6) Except for the right to a jury trial, the defendant is entitled to the constitutional and statutory protections, including the right to appointed counsel, that a defendant would be entitled to in a criminal proceeding in which the fine or term of imprisonment that could be imposed is equivalent to the punitive sanctions sought in the contempt proceeding. This paragraph does not affect any right to a jury that may otherwise be created by statute

(7) inability to comply with an order of the court is an affirmative defense. If the defendant proposes to rely in any way on evidence of inability to comply with an order of the court, the defendant will, not less than five (5) days before the trial of the cause, file and serve upon the city attorney, district attorney or Attorney General prosecuting the contempt a written notice of intent to offer that evidence. If the defendant fails to file and serve the notice, the defendant shall not be permitted to introduce evidence of inability to comply with an order of the court at the trial of the cause unless the court, in its discretion, permits such evidence to be introduced where just cause for failure to file the notice, or to file the notice within the time allowed, is made to appear

(8) the court may impose a remedial sanction in addition to or in lieu of a punitive sanction

(9) in any proceeding for imposition of a punitive sanction, proof of contempt will be beyond a reasonable doubt

• See 135.247 (order prohibiting contact with victim of sex crime or domestic violence) for information about no contact orders

• See 135.290 (punishment by contempt of court) for information about violating no contact orders

• See 135.280 for information about warrants issued for contempt of court

It's not a 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

(1)(a) aided by other who's actually present, uses or threatens physical force escaping from custody or a correctional facility OR

(b) uses or threatens use of deadly weapon or a dangerous weapon escaping custody or a correctional facility

(1)(a) uses or threatens physical force escaping custody OR

(b) convicted or found guilty of a felony & escapes from custody imposed as a result of the felony OR

(c) escapes from a correctional facility OR

(d) while under the jurisdiction of the Psychiatric Security Review Board under 161.315 to 161.351, skips out without authorization

(1) escape from custody

(1) the suspect knowingly fails to appear as required after:

(a) after being released by court order from custody or a correctional facility under a release agreement or security release on the condition that they'll subsequently personally appear in connection with a felony charge against them OR

(b) after being released from a correctional facility subject to a forced release agreement under 169.046 (Notice of county jail population emergency) in connection with a felony charge against them

(1) the suspect knowingly fails to appear as required after:

(a) after being released by court order from custody or a correctional facility under a release agreement or security release on the condition that they'll subsequently personally appear in connection with a misdemeanor charge against them OR

(b) after being released from a correctional facility subject to a forced release agreement under 169.046 (Notice of county jail population emergency) in connection with a misdemeanor charge against them

(1) served with a criminal citation... & knowingly fails to do any of:

(a) make an appearance as required by cited person to appear before magistrate

(b) make an appearance at the time set for trial in the criminal proceeding.

(c) appear at any other time required by the court or by law.

(1) making a false sworn statement or a false unsworn declaration, knowing it to be false

(1) making a false sworn statement or a false unsworn declaration in regard to a material issue, knowing it to be false

(1) It is a defense to a prosecution for 162.065 (perjury) or 162.075 (false swearing) committed in an official proceeding that the defendant retracted the false statement:

(a) in a manner showing a complete & 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, during which sworn statements are received, & 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 are considered to have been made in the course of the same proceeding

(1)(a) knowingly introduces any contraband into a correctional facility, youth correction facility or state hospital OR

(b) being confined in a correctional facility, youth correction facility or state hospital, the suspect knowingly makes, obtains or possesses any contraband

(1) the subject with intent that it be used, introduced, rejected or unavailable in an official proceeding which is then pending or to the knowledge of such person is about to be instituted, the subject:

(a) destroys, mutilates, alters, conceals or removes physical evidence impairing its verity or availability OR

(b) knowingly makes, produces or offers any false physical evidence OR

(c) prevents the production of physical evidence by an act of force, intimidation or deception against anyone

(1)(a) knowingly induces or attempts to induce a witness or someone the suspect believes may be called as a witness in any official proceeding to offer false testimony or unlawfully withhold any testimony OR

(b) knowingly induces or attempts to induce a witness to be absent from any official proceeding to which the person has been legally summoned

(1)(a) makes an unauthorized departure OR

(b) not being an adult in custody therein, the suspect aids another in making or attempting to make an unauthorized departure

(1) making a false sworn statement or a false unsworn declaration, knowing it to be false