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Oregon Revised Statutes

Or. Rev. Stat. § 162.405 (2026)

Official misconduct in the second degree

✓ current as of May 2026
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      162.405 Official misconduct in the second degree. (1) A public servant commits the crime of official misconduct in the second degree if the person knowingly violates any statute relating to the office of the person.

      (2) Official misconduct in the second degree is a Class C misdemeanor. [1971 c.743 §214]

 

      162.410 [Repealed by 1961 c.649 §9]

Notes of Decisions
Cited in 8 cases (3 in the last 5 years), 1982–2025 · leading case: People v. Feerick, 714 N.E.2d 851 (NY 1999).
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People v. Feerick, 714 N.E.2d 851 (NY 1999). “…Rev Stat Ann § 522.020; Mont Code Ann § 45-7-401; Neb Rev Stat § 28-924; NH Stat Ann § 643:1; NJ Stat Ann § 2C:30-2; Ore Rev Stat §§ 162.405,162.415; Tenn Code Ann § 39-16-402; Tex Penal Code Ann § 39.02; Utah Code Ann § 76-8-201; Wash Rev Code Ann § 9A.80.010; Guam Code Ann,…”
State v. Lykins, 348 P.3d 231 (Or. 2015). “385; abuse of public office, ORS 162.405 to 162.425; and interference with legislative operations, ORS 162.”
The PEOPLE OF THE TERRITORY OF GUAM, Plaintiff-Appellee, v. Franklin Borja CAMACHO, Defendant-Appellant, 103 F.3d 863 (9th Cir. 1996). “00 (McKinney 1994); Or.Rev.Stat. §§ 162.405, 162.415 (1994); Tenn.”
State v. Rodda, 642 P.2d 364 (Or. Ct. App. 1982). “4 ORS 162.405 provides: “A public servant commits the crime of official misconduct in the second degree if he knowingly violates any statute relating to his office.”
Pre-Hosp. Med. Servs., Inc. v. Malheur Cnty., 896 P.2d 585 (Or. Ct. App. 1995). “Plaintiffs second claim alleged that defendants’ conduct also constituted an abuse of public office under ORS 162.405(1) and ORS 162.415(1). Plaintiff sought declaratory and injunctive relief, attorney fees, costs and disbursements, and nominal and punitive damages.”
Sanford v. Klamath Cnty. (D. Or. 2024). · cites it 3× “415 and ORS 162.405. In the section of the form where Plaintiff is asked to describe the facts supporting his claim, Plaintiff wrote: Plaintiff alleges The County of Klamath performed misconduct in the 1st & 2nd degree (ORS 162.”
Barrett (D. Or. 2025). · cites it 2× “5:20-cv-02593-JWH (SPx), 2020 WL 8630496 , at *1 (C.D. Cal. Dec.”
Nguyen v. Columbia River People's Util. Dist. (D. Or. 2022). “8 Plaintiff bases his claim of alleged criminal activity on ORS 162.405, ORS 244.040, and ORS 244.120.”
— Or. Rev. Stat. § 162.405(1) — 1 case
Pre-Hosp. Med. Servs., Inc. v. Malheur Cnty., 896 P.2d 585 (Or. Ct. App. 1995). “Plaintiffs second claim alleged that defendants’ conduct also constituted an abuse of public office under ORS 162.405(1) and ORS 162.415(1). Plaintiff sought declaratory and injunctive relief, attorney fees, costs and disbursements, and nominal and punitive damages.”
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