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Oregon Revised Statutes

Or. Rev. Stat. § 162.035 (2026)

Bribery defenses

✓ current as of May 2026
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      162.035 Bribery defenses. (1) In any prosecution under ORS 162.015, it is a defense that the defendant offered, conferred or agreed to confer the pecuniary benefit as a result of the public servant’s conduct constituting extortion or coercion.

      (2) It is no defense to a prosecution under ORS 162.015 and 162.025 that the person sought to be influenced was not qualified to act in the desired way, whether because the person had not assumed office, lacked jurisdiction or for any other reason. [1971 c.743 §181]

 

      162.040 [Repealed by 1971 c.743 §432]

 

PERJURY AND RELATED OFFENSES

Notes of Decisions
Cited in 3 cases, 1974–2006 · leading case: State v. McCoy, 521 P.2d 1074 (Or. Ct. App. 1974).
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State v. McCoy, 521 P.2d 1074 (Or. Ct. App. 1974). · cites it 2× “475 (2) which describes a “defense” to solicitation and conspiracy, ORS 162.035 (1) which describes what is a “defense” and what is not a “defense” to bribery, ORS 164.”
State v. Vasquez-Rubio, 897 P.2d 324 (Or. Ct. App. 1995). “460; ORS 162.035(1); ORS 162.105; ORS 162.145(2); ORS 163.”
State v. Flajole, 129 P.3d 770 (Or. Ct. App. 2006). “425 (1971) (in prosecution for attempt crime, impossibility is not a defense); ORS 162.035 (1971) (setting out defenses and nondefenses in a prosecution for bribery); ORS 162.”
— Or. Rev. Stat. § 162.035(1) — 2 cases
State v. Vasquez-Rubio, 897 P.2d 324 (Or. Ct. App. 1995). “460; ORS 162.035(1); ORS 162.105; ORS 162.145(2); ORS 163.”
State v. McCoy, 521 P.2d 1074 (Or. Ct. App. 1974). “475 (2) which describes a “defense” to solicitation and conspiracy, ORS 162.035 (1) which describes what is a “defense” and what is not a “defense” to bribery, ORS 164.”
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