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Oregon Revised Statutes

Or. Rev. Stat. § 162.105 (2026)

Retraction as defense

✓ current as of May 2026
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      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]

 

      162.110 [Repealed by 1971 c.743 §432]

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× “345 which labels proximity of age a "defense" to statutory rape, ORS 162.105 which makes retraction a "defense" to perjury or false swearing, ORS 163.”
State v. Vasquez-Rubio, 897 P.2d 324 (Or. Ct. App. 1995). “035(1); ORS 162.105; ORS 162.145(2); ORS 163.135; ORS 163.”
State v. Flajole, 129 P.3d 770 (Or. Ct. App. 2006). “095 (1971) and ORS 162.105 (1971) (same in prosecution for peijury); ORS 162.”
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