Or. Rev. Stat. » Oregon Revised Statutes

Or. Rev. Stat. § 162.205

Failure to appear in the first degree

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      162.205 Failure to appear in the first degree. (1) A person commits the crime of failure to appear in the first 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 felony; 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 felony.

      (2) Failure to appear in the first degree is a Class C felony. [1971 c.743 §196; 1973 c.836 §344; 2001 c.517 §4; 2003 c.320 §2]

 

      162.210 [Repealed by 1971 c.743 §432]

 

      162.220 [Repealed by 1971 c.743 §432]

 

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Notes of Decisions
Cited in 74 cases (17 in the last 5 years), 1975–2026 · leading case: State v. Lobue
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State v. Lobue (2019) orctapp · cites it 15× “The state responds that, while the release agreement did not explicitly use the term “personally appear,” defendant’s personal appearance, as opposed to appearance through counsel, was implied by the release agreement.”
State v. Ogle (1984) or · cites it 8× “The statute under which defendant was convicted makes criminal intentional failure to appear, ORS 162.205, [5] thus necessitating that the state prove that defendant knew he was supposed to appear, not merely that a court date was set and defendant missed it.”
State v. Ford (2006) orctapp · cites it 4× “Defendant appeals his conviction for failure to appear in the first degree, ORS 162.205, assigning error to the trial court’s denial of his motion for a judgment of acquittal on that charge.”
State v. Arney (2010) orctapp · cites it 4× “In this criminal case, defendant was convicted of first-degree failure to appear, ORS 162.205. She argues that the trial court erred in denying what she characterizes as her motion for a judgment of acquittal.”
Growing Green Panda v. Dept. of Human Services (2020) orctapp · cites it 3× “The final order thus affirmed the suspension of peti- tioner’s ERDC subsidy payments.”
State v. Ford (1990) or · cites it 2× “ORS 162.205. Failure to appear on a misdemeanor charge is a Class A misdemeanor.”
State v. Nordholm (2018) orctapp · cites it 2× “894, and first-degree failure to appear, ORS 162.205. Defendant assigns error to the trial court's ruling that, because defendant had signed a conditional release agreement providing that the court could hold a hearing without him if he failed to appear as required, it was…”
State v. Love-Faust (2021) orctapp · cites it 2× “Defendant argues that the trial court erred in denying his motion to suppress because, in his view, he was in compelling circumstances that required Miranda warnings when his probation officer (PO) confronted him on the street with evidence that he had violated his probation and…”
State v. Sawatzky (2005) or “A separate indictment charged her with one count of failure to appear in the first degree, ORS 162.205. Relator pleaded guilty to all charges and submitted separate plea petitions in the two cases.”
State v. Harris (1981) or · cites it 2× “ORS 162.205. Defendant described what had occurred after the Friday afternoon recess in his burglary trial: “I didn’t show up for Court; I mean for the rest of the trial.”
State v. Boldt (1992) orctapp · cites it 2× “ORS 162.205. He argues that the trial court erred when it refused to give his requested jury instructions on the defenses of choice of evils 1 and duress.”
State v. Krieger (2020) orctapp “195 (failure to appear in the second degree); ORS 162.205 (failure to appear in the first degree); ORS 164.”
Show all 74 citing cases →
— Or. Rev. Stat. § 162.205(1) — 7 cases
State v. Beltran (1994) orctapp
State v. Phillips (1987) orctapp
State v. Buchnoff (2022) orctapp
State v. Johnson (1983) orctapp
State v. Wigginton (2021) orctapp
— Or. Rev. Stat. § 162.205(1)(a) — 8 cases
State v. Lobue (2019) orctapp “The state responds that, while the release agreement did not explicitly use the term “personally appear,” defendant’s personal appearance, as opposed to appearance through counsel, was implied by the release agreement.”
Growing Green Panda v. Dept. of Human Services (2020) orctapp “The final order thus affirmed the suspension of peti- tioner’s ERDC subsidy payments.”
State v. Buchnoff (2022) orctapp
State v. Mather (2013) orctapp
State v. Thompson (2026) orctapp
— Or. Rev. Stat. § 162.205(1)(b) — 1 case
State v. Rytting (2023) orctapp
— Or. Rev. Stat. § 162.205(4) — 1 case
State v. Rytting (2023) orctapp
— Or. Rev. Stat. § 162.205(l)(a) — 4 cases
State v. Ford (2006) orctapp “Defendant appeals his conviction for failure to appear in the first degree, ORS 162.205, assigning error to the trial court’s denial of his motion for a judgment of acquittal on that charge.”
State v. Arney (2010) orctapp “In this criminal case, defendant was convicted of first-degree failure to appear, ORS 162.205. She argues that the trial court erred in denying what she characterizes as her motion for a judgment of acquittal.”
State v. Sartin (2007) orctapp
State v. Crawford (2006) orctapp
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