Or. Rev. Stat. » Oregon Revised Statutes

Or. Rev. Stat. § 162.085

Unsworn falsification

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      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]

Notes of Decisions
Cited in 13 cases, 1981–2018 · leading case: American Federation of Teachers-Oregon v. Oregon Taxpayers United Pac
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American Federation of Teachers-Oregon v. Oregon Taxpayers United Pac (2006) orctapp · cites it 51× “(5) The trial court erred in denying defendants' motion to dismiss Count 3 on the ground that it failed to sufficiently allege cognizable predicate offenses of "unsworn falsification" as defined by ORS 162.085. (6) The trial court erred in denying defendants' motion for a…”
American Federation of Teachers v. Oregon Taxpayers United Pac (2008) or · cites it 12× “Defendants contend that the annual submission of the CT-12 form, which must be accompanied by the organization’s IRS form 990, is not an “application for [a] benefit” within the meaning of ORS 162.085. Defendants note that ORS 128.”
Marshall's Towing v. Department of State Police (2005) or · cites it 4× “ll’s Towing violated OAR 257-050-0140(20) 2 because Marshall’s Towing did not have exclusive control over the storage area used at the Winston location; (2) that Marshall’s Towing violated OAR 257-050-0100(2) 3 by responding to an accident with a tow truck that was not…”
State v. Gortmaker (1982) orctapp · cites it 4× “305; unsworn falsification, ORS 162.085; and official misconduct, ORS 162.”
State v. Warren (2018) or “055 (Count 4); and three counts of unsworn falsification, in violation of ORS 162.085 (Counts 5, 6, and 7). The indictment alleged that some of the offenses were committed during date ranges and others were committed on specific dates.”
In Re Complaint as to the Conduct of Kirkman (1992) or · cites it 2× “2 He violated ORS 162.085 by *185 knowingly falsely declaring himself to be divorced in his application for a marriage license in March 1987.”
Bailey v. Board on Police Standards & Training (1990) orctapp “075 or unsworn falsification as defined in ORS 162.085.””
State v. Huntley (1986) orctapp · cites it 3× “715(1) violates Article I, section 20, of the Oregon Constitution, 3 because it is so similar to ORS 162.085 4 that it confers on the state the unfettered discretion to charge an individual with a felony or a misdemeanor on the basis of identical conduct.”
State v. Warren (2017) orctapp “055 (l)(a), and one count of unsworn falsification, ORS 162.085(1). Defendant raises two assignments of error, the first of which we reject without discussion.”
State v. Abercrombie (1981) orctapp “PER CURIAM Defendant was charged by a three-count indictment alleging unsworn falsification (ORS 162.085), unlawfully obtaining public assistance (ORS 411.”
State v. Flamer (1981) orctapp “Defendant concedes facts which would support a conviction for the offense of Unsworn Falsification, ORS 162.085; however, that crime is not a lesser included offense of Perjury because it includes elements (the false statement must be made to a public servant in connection with…”
Pierce v. Department of Public Safety Standards & Training (2004) orctapp “, ORS 162.085 (unsworn falsification committed if “person knowingly makes any false written statement”); ORS 165.”
Show all 13 citing cases →
— Or. Rev. Stat. § 162.085(1) — 4 cases
American Federation of Teachers-Oregon v. Oregon Taxpayers United Pac (2006) orctapp “(5) The trial court erred in denying defendants' motion to dismiss Count 3 on the ground that it failed to sufficiently allege cognizable predicate offenses of "unsworn falsification" as defined by ORS 162.085. (6) The trial court erred in denying defendants' motion for a…”
Marshall's Towing v. Department of State Police (2005) or “ll’s Towing violated OAR 257-050-0140(20) 2 because Marshall’s Towing did not have exclusive control over the storage area used at the Winston location; (2) that Marshall’s Towing violated OAR 257-050-0100(2) 3 by responding to an accident with a tow truck that was not…”
American Federation of Teachers v. Oregon Taxpayers United Pac (2008) or “Defendants contend that the annual submission of the CT-12 form, which must be accompanied by the organization’s IRS form 990, is not an “application for [a] benefit” within the meaning of ORS 162.085. Defendants note that ORS 128.”
State v. Warren (2017) orctapp “055 (l)(a), and one count of unsworn falsification, ORS 162.085(1). Defendant raises two assignments of error, the first of which we reject without discussion.”
— Or. Rev. Stat. § 162.085(2) — 1 case
Marshall's Towing v. Department of State Police (2005) or “ll’s Towing violated OAR 257-050-0140(20) 2 because Marshall’s Towing did not have exclusive control over the storage area used at the Winston location; (2) that Marshall’s Towing violated OAR 257-050-0100(2) 3 by responding to an accident with a tow truck that was not…”
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