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Oregon Revised Statutes

Or. Rev. Stat. § 162.195 (2026)

Failure to appear in the second degree

✓ current as of May 2026
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      162.195 Failure to appear in the second degree. (1) A person commits the crime of failure to appear in the second degree if the person knowingly fails to appear as required after:

      (a) Having by court order been released from custody or a correctional facility under a release agreement or security release upon the condition that the person will subsequently appear personally in connection with a charge against the person of having committed a misdemeanor; or

      (b) Having been released from a correctional facility subject to a forced release agreement under ORS 169.046 in connection with a charge against the person of having committed a misdemeanor.

      (2) Failure to appear in the second degree is a Class A misdemeanor. [1971 c.743 §195; 1973 c.836 §343; 1993 c.533 §5; 1999 c.1051 §69; 2001 c.517 §3; 2003 c.320 §1]

Notes of Decisions
Cited in 36 cases (9 in the last 5 years), 1983–2026 · leading case: State v. McColly, 435 P.3d 715 (Or. 2019).
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State v. McColly, 435 P.3d 715 (Or. 2019). · cites it 26× “The second-degree failure-to-appear statute, ORS 162.195, makes it a crime to knowingly fail to appear "after * * * [h]aving by court order been released from custody or a correctional facility under a release agreement or security release upon the condition that the person will…”
State v. McColly, 399 P.3d 1045 (Or. Ct. App. 2017). · cites it 11× “ORS 162.195. On appeal, defendant raises two assignments of error.”
State v. Pendergrapht, 284 P.3d 573 (Or. Ct. App. 2012). · cites it 2× “Defendant was charged with two counts of failure to appear in the second degree, ORS 162.195. 1 He completed an “Affidavit of Eligibility and Request for Court-Appointed Counsel.”
Growing Green Panda v. Dept. of Human Servs., 461 P.3d 1026 (Or. Ct. App. 2020). · cites it 4× “120, neither that act alone—nor the issuance of an order directing a person to submit to custody—can reasonably be viewed as making an arrest.”
State v. Tally, 57 P.3d 592 (Or. Ct. App. 2002). · cites it 11× “ORS 162.195 (1997) (current version at Or Laws 2001, ch 517, § 3).”
State v. Lobue, 453 P.3d 929 (Or. Ct. App. 2019). · cites it 2× “255, which provides that “[a] failure to appear as required by the release agreement shall be punishable as provided in ORS 162.195 [Failure to appear in the second degree] or 162.”
State v. Ford, 801 P.2d 754 (Or. 1990). · cites it 2× “992, and was placed on 5 years probation. [5] Failure to appear on a felony charge is, itself, a felony.”
State v. Eastman, 828 P.2d 484 (Or. Ct. App. 1992). · cites it 4× “ORS 162.195. He argues that the trial court erred by imposing four judgments of conviction and sentences, because each failure to appear related to the same date, time and place.”
State v. Graham, 284 P.3d 515 (Or. Ct. App. 2012). · cites it 2× “; ORS 162.195. 1 Here, defendant was charged with contempt of court.”
State v. Camarena-Velasco, 139 P.3d 979 (Or. Ct. App. 2006). · cites it 3× “Defendant appeals two convictions for failure to appear in the second degree, ORS 162.195, contending that the trial court should have merged his convictions because they were based on violation of a single release agreement and therefore were based on the same conduct.”
State v. Freih, 348 P.3d 324 (Or. Ct. App. 2015). · cites it 2× “ORS 162.195(1) provides, in part: “(1) A person commits the crime of failure to appear in the second degree if the person knowingly fails to appear as required after: “(a) Having by court order been released from custody or a correctional facility under a release agreement or…”
State v. Ford, 142 P.3d 107 (Or. Ct. App. 2006). · cites it 2× “205(l)(a); ORS 162.195(l)(a). *410 Defendant assigns error to the trial court’s denial of his motion for a judgment of acquittal for failure to appear in the first degree, contending that the release agreement on which the state based the charge did not release him “from…”
Show all 36 citing cases →
— Or. Rev. Stat. § 162.195(1) — 4 cases
State v. Freih, 348 P.3d 324 (Or. Ct. App. 2015). “ORS 162.195(1) provides, in part: “(1) A person commits the crime of failure to appear in the second degree if the person knowingly fails to appear as required after: “(a) Having by court order been released from custody or a correctional facility under a release agreement or…”
State v. Eastman, 828 P.2d 484 (Or. Ct. App. 1992). “ORS 162.195. He argues that the trial court erred by imposing four judgments of conviction and sentences, because each failure to appear related to the same date, time and place.”
State v. Hethorn, 336 Or. App. 462 (Or. Ct. App. 2024).
State v. Taylor, 311 P.3d 953 (Or. Ct. App. 2013).
— Or. Rev. Stat. § 162.195(1)(a) — 3 cases
State v. McColly, 435 P.3d 715 (Or. 2019). “The second-degree failure-to-appear statute, ORS 162.195, makes it a crime to knowingly fail to appear "after * * * [h]aving by court order been released from custody or a correctional facility under a release agreement or security release upon the condition that the person will…”
State v. Hethorn, 336 Or. App. 462 (Or. Ct. App. 2024).
State v. Sartin, 171 P.3d 397 (Or. Ct. App. 2007).
— Or. Rev. Stat. § 162.195(2) — 1 case
State v. McColly, 435 P.3d 715 (Or. 2019). “The second-degree failure-to-appear statute, ORS 162.195, makes it a crime to knowingly fail to appear "after * * * [h]aving by court order been released from custody or a correctional facility under a release agreement or security release upon the condition that the person will…”
— Or. Rev. Stat. § 162.195(l)(a) — 5 cases
State v. Ford, 142 P.3d 107 (Or. Ct. App. 2006). “205(l)(a); ORS 162.195(l)(a). *410 Defendant assigns error to the trial court’s denial of his motion for a judgment of acquittal for failure to appear in the first degree, contending that the release agreement on which the state based the charge did not release him “from…”
State v. Freih, 348 P.3d 324 (Or. Ct. App. 2015). “ORS 162.195(1) provides, in part: “(1) A person commits the crime of failure to appear in the second degree if the person knowingly fails to appear as required after: “(a) Having by court order been released from custody or a correctional facility under a release agreement or…”
State v. McCOIN, 91 P.3d 760 (Or. Ct. App. 2004).
State v. Sartin, 171 P.3d 397 (Or. Ct. App. 2007).
State v. Taylor, 311 P.3d 953 (Or. Ct. App. 2013).
— Or. Rev. Stat. § 162.195(l)(b) — 1 case
State v. Graham, 284 P.3d 515 (Or. Ct. App. 2012). “; ORS 162.195. 1 Here, defendant was charged with contempt of court.”
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