162.225
Definitions for ORS 162.225 to 162.375. As used in ORS 162.225 to 162.375 and 162.465, unless
the context requires otherwise:
(1) “Firefighter”
means any fire or forestry department employee, or authorized fire department
volunteer, vested with the duty of preventing or combating fire or preventing
the loss of life or property by fire.
(2) “Official
proceeding” 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.
(3) “Physical
evidence” means any article, object, record, document or other evidence of
physical substance.
(4) “Public
record” means any book, document, paper, file, photograph, sound recording,
computerized recording in machine storage, records or other materials,
regardless of physical form or characteristic, made, received, filed or
recorded in any government office or agency pursuant to law or in connection
with the transaction of public business, whether or not confidential or
restricted in use.
(5) “Testimony”
means oral or written statements that may be offered by a witness in an
official proceeding. [1971 c.743 §197; 1991 c.67 §34]
162.230 [Repealed by 1971 c.743 §432]
Notes of Decisions
Cited in
16
cases (
4 in the last 5 years), 2000–2024 · leading case:
State v. Martine, 371 P.3d 510 (Or. Ct. App. 2016).
State v. Martine, 371 P.3d 510 (Or. Ct. App. 2016).
· cites it 8× “Article 24 of the Criminal Law Revision Commission’s First Preliminary Draft (June 1969) related to offenses involving obstruction of governmental administration (corresponding to the present ORS 162.225 to 162.375), and section 1 of that article (corresponding to the present…”
State v. Bailey, 213 P.3d 1240 (Or. 2009).
· cites it 4× “285(1)(a), the word “any” refers to any type of “official proceeding,” as that term is defined in ORS 162.225(2), 3 and not to every possible official proceeding, including future and potential ones.”
State v. Bailey, 183 P.3d 232 (Or. Ct. App. 2008).
· cites it 3× “” ORS 162.225(1). When the meanings of those terms are analyzed together, it is apparent that ORS 162.”
State v. Lykins, 348 P.3d 231 (Or. 2015).
“205; obstructing governmental administration, ORS 162.225 to 162.385; abuse of public office, ORS 162.”
State v. Bryan, 190 P.3d 470 (Or. Ct. App. 2008).
“” ORS 162.225(2). Taken together, the ordinary meaning of the term “witness” and the qualifying phrase “in any official proceeding” suggest that the legislature likely intended the term “witness,” as it is used in ORS 162.”
State v. Kaylor, 289 P.3d 290 (Or. Ct. App. 2012).
“]” An “official proceeding” is “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…”
State v. Jacobs, 369 P.3d 82 (Or. Ct. App. 2016).
“” ORS 162.225(2). Although neither party cited or referred to any legislative history, we here reviewed the legislative history of the statute and did not find it helpful in resolving the issues in this case.”
State v. Thompson, 998 P.2d 762 (Or. Ct. App. 2000).
“095(2)(a)(E), and one count of burglary in the first degree, ORS 162.225. Defendant assigns four errors to the trial court’s judgment.”
State v. Litscher, 397 P.3d 511 (Or. Ct. App. 2017).
“ORS 162.225(1)(b); ORS 162.235(1)(d). 1 Defendant focuses on the first of those elements, arguing that the evidence in this case “was insufficient for a reasonable factfinder to find that defendant held his mother in a place where she was not likely to be found.”
State v. Gaines, 155 P.3d 61 (Or. Ct. App. 2007).
· cites it 2× “” Webster’s at 1706; see also ORS 162.225 (defining “physical evidence” as used in ORS 162.”
State v. Caoile, 556 P.3d 653 (Or. Ct. App. 2024).
· cites it 2× “” ORS 162.225(3) (emphasis added). We have clarified that “evidence” in that context is “any species of proof or probative matter that may assist in the determi- nation of a matter of fact in pending or immediately impend- ing official proceedings.”
State v. Rexroad, 508 P.3d 520 (Or. Ct. App. 2022).
“295 provides, in relevant part: “(1) A person commits the crime of tampering with physical evidence if, with intent that it be used, introduced, rejected or unavailable in an official proceeding which is then pending or to the knowledge of such person is about to be instituted,…”
— Or. Rev. Stat. § 162.225(1) — 1 case
State v. Bailey, 183 P.3d 232 (Or. Ct. App. 2008).
“” ORS 162.225(1). When the meanings of those terms are analyzed together, it is apparent that ORS 162.”
— Or. Rev. Stat. § 162.225(1)(b) — 1 case
State v. Litscher, 397 P.3d 511 (Or. Ct. App. 2017).
“ORS 162.225(1)(b); ORS 162.235(1)(d). 1 Defendant focuses on the first of those elements, arguing that the evidence in this case “was insufficient for a reasonable factfinder to find that defendant held his mother in a place where she was not likely to be found.”
— Or. Rev. Stat. § 162.225(2) — 8 cases
State v. Bailey, 213 P.3d 1240 (Or. 2009).
“285(1)(a), the word “any” refers to any type of “official proceeding,” as that term is defined in ORS 162.225(2), 3 and not to every possible official proceeding, including future and potential ones.”
State v. Bryan, 190 P.3d 470 (Or. Ct. App. 2008).
“” ORS 162.225(2). Taken together, the ordinary meaning of the term “witness” and the qualifying phrase “in any official proceeding” suggest that the legislature likely intended the term “witness,” as it is used in ORS 162.”
State v. Kaylor, 289 P.3d 290 (Or. Ct. App. 2012).
“]” An “official proceeding” is “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…”
State v. Jacobs, 369 P.3d 82 (Or. Ct. App. 2016).
“” ORS 162.225(2). Although neither party cited or referred to any legislative history, we here reviewed the legislative history of the statute and did not find it helpful in resolving the issues in this case.”
State v. Bailey, 183 P.3d 232 (Or. Ct. App. 2008).
“” ORS 162.225(1). When the meanings of those terms are analyzed together, it is apparent that ORS 162.”
— Or. Rev. Stat. § 162.225(3) — 4 cases
State v. Martine, 371 P.3d 510 (Or. Ct. App. 2016).
“Article 24 of the Criminal Law Revision Commission’s First Preliminary Draft (June 1969) related to offenses involving obstruction of governmental administration (corresponding to the present ORS 162.225 to 162.375), and section 1 of that article (corresponding to the present…”
State v. Caoile, 556 P.3d 653 (Or. Ct. App. 2024).
“” ORS 162.225(3) (emphasis added). We have clarified that “evidence” in that context is “any species of proof or probative matter that may assist in the determi- nation of a matter of fact in pending or immediately impend- ing official proceedings.”
State v. Rexroad, 508 P.3d 520 (Or. Ct. App. 2022).
“295 provides, in relevant part: “(1) A person commits the crime of tampering with physical evidence if, with intent that it be used, introduced, rejected or unavailable in an official proceeding which is then pending or to the knowledge of such person is about to be instituted,…”
— Or. Rev. Stat. § 162.225(5) — 1 case
State v. Bailey, 183 P.3d 232 (Or. Ct. App. 2008).
“” ORS 162.225(1). When the meanings of those terms are analyzed together, it is apparent that ORS 162.”
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