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Oregon Revised Statutes

Or. Rev. Stat. § 162.415 (2026)

Official misconduct in the first degree

✓ current as of May 2026
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      162.415 Official misconduct in the first degree. (1) A public servant commits the crime of official misconduct in the first degree if:

      (a) With intent to obtain a benefit or to harm another:

      (A) The public servant knowingly fails to perform a duty imposed upon the public servant by law or one clearly inherent in the nature of office; or

      (B) The public servant knowingly performs an act constituting an unauthorized exercise in official duties; or

      (b) The public servant, while acting as a supervisory employee, violates ORS 162.405 and is aware of and consciously disregards the fact that the violation creates a risk of:

      (A) Physical injury to a vulnerable person;

      (B) The commission of a sex crime as defined in ORS 163A.005 against a vulnerable person; or

      (C) The withholding from a vulnerable person of necessary and adequate food, physical care or medical attention.

      (2) Official misconduct in the first degree is a Class A misdemeanor.

      (3) As used in this section:

      (a) “Supervisory employee” means a person having the authority, in the interest of an employer, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward or discipline other employees.

      (b) “Vulnerable person” has the meaning given that term in ORS 136.427. [1971 c.743 §215; 2017 c.519 §1]

 

      162.420 [Repealed by 1961 c.649 §9]

Notes of Decisions
Cited in 19 cases (1 in the last 5 years), 1982–2024 · leading case: State v. Gortmaker, 655 P.2d 575 (Or. Ct. App. 1982).
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State v. Gortmaker, 655 P.2d 575 (Or. Ct. App. 1982). · cites it 4× “085; and official misconduct, ORS 162.415. [1] He contends that the trial court erred in failing to quash the indictment on the ground that the grand jury was selected in violation of Article VII (Amended), Section 5(2) of the Oregon Constitution and in denying his motions for…”
State v. Rodda, 642 P.2d 364 (Or. Ct. App. 1982). · cites it 10× “ORS 162.415. The trial court sustained defendant’s demurrers to the indictments, and the state appeals.”
State v. Magana, 159 P.3d 1163 (Or. Ct. App. 2007). · cites it 2× “” *557 ORS 162.415 defines first-degree official misconduct as follows: “(1) A public servant commits the crime of official misconduct in the first degree if with intent to obtain a benefit or to harm another: “(a) The public servant knowingly fails to perform a duty imposed…”
State v. Gove, 875 P.2d 534 (Or. Ct. App. 1994). · cites it 4× “We said: “Defendant next argues that the misconduct count fails to state a crime because a purely personal benefit (in this case, sexual gratification) for a public official does not satisfy ORS 162.”
State v. Wood, 678 P.2d 1238 (Or. Ct. App. 1984). · cites it 4× “The Delaware court’s conclusion is consistent with the Commentary to the Proposed Oregon Criminal Code § 215 (enacted as ORS 162.415). 1 We conclude that the statute is not “so vague that men of common intelligence must necessarily guess at its meaning and differ as to its…”
State v. Barker, 914 P.2d 11 (Or. Ct. App. 1996). · cites it 3× “055; ORS 162.415. The state appeals from an order that sustained defendant’s demurrer to the indictments charging him with official misconduct.”
In Re Complaint as to the Conduct of Leonhardt, 930 P.2d 844 (Or. 1997). “Based on the actions that the accused took on behalf of Overby regarding the August 1993 reckless driving charge, the accused was charged with, tried, and convicted of the misdemeanor offense of official misconduct in the first degree, ORS 162.415(l)(b). II. THE CHARGES The…”
State v. Moine, 877 P.2d 94 (Or. Ct. App. 1994). · cites it 7× “025, and one count each of first degree official misconduct, ORS 162.415, and misuse of confidential information, ORS 162.”
Lucas v. Lake Cnty., 289 P.3d 320 (Or. Ct. App. 2012). “185(l)(a) (providing that “[a] person commits the crime of supplying contraband if” that person “knowingly introduces any contraband into a correctional facility”); ORS 162.415(l)(b) (providing that a public servant commits the crime of first-degree official misconduct “if with…”
State v. Florea, 677 P.2d 698 (Or. 1984). “ORS 162.415(1) provides: “A public servant commits the crime of official misconduct in the first degree if with intent to obtain a benefit or to harm another: “(a) He knowingly fails to perform a duty imposed upon him by law or one clearly inherent in the nature of his office;…”
In re Halttunen, 478 P.3d 488 (Or. 2020). “(emphasis in original). And we are satisfied in this case that applicant has demonstrated reformation sufficiently to qualify for con- ditional admission to the Oregon State Bar.”
State v. Bell, 366 P.3d 756 (Or. Ct. App. 2016). “055, two counts of first-degree official misconduct, ORS 162.415, and two counts of tampering with physical evidence, ORS 162.”
Show all 19 citing cases →
— Or. Rev. Stat. § 162.415(1) — 5 cases
State v. Gove, 875 P.2d 534 (Or. Ct. App. 1994). “We said: “Defendant next argues that the misconduct count fails to state a crime because a purely personal benefit (in this case, sexual gratification) for a public official does not satisfy ORS 162.”
State v. Florea, 677 P.2d 698 (Or. 1984). “ORS 162.415(1) provides: “A public servant commits the crime of official misconduct in the first degree if with intent to obtain a benefit or to harm another: “(a) He knowingly fails to perform a duty imposed upon him by law or one clearly inherent in the nature of his office;…”
Pre-Hosp. Med. Servs., Inc. v. Malheur Cnty., 896 P.2d 585 (Or. Ct. App. 1995).
Banks v. Berge (D. Or. 2019).
State v. Moine, 877 P.2d 94 (Or. Ct. App. 1994). “025, and one count each of first degree official misconduct, ORS 162.415, and misuse of confidential information, ORS 162.”
— Or. Rev. Stat. § 162.415(1)(a) — 1 case
State v. Wood, 678 P.2d 1238 (Or. Ct. App. 1984). “The Delaware court’s conclusion is consistent with the Commentary to the Proposed Oregon Criminal Code § 215 (enacted as ORS 162.415). 1 We conclude that the statute is not “so vague that men of common intelligence must necessarily guess at its meaning and differ as to its…”
— Or. Rev. Stat. § 162.415(1)(a)(B) — 1 case
Banks v. Berge (D. Or. 2019).
— Or. Rev. Stat. § 162.415(l)(a) — 3 cases
State v. Wood, 678 P.2d 1238 (Or. Ct. App. 1984). “The Delaware court’s conclusion is consistent with the Commentary to the Proposed Oregon Criminal Code § 215 (enacted as ORS 162.415). 1 We conclude that the statute is not “so vague that men of common intelligence must necessarily guess at its meaning and differ as to its…”
State v. Moine, 877 P.2d 94 (Or. Ct. App. 1994). “025, and one count each of first degree official misconduct, ORS 162.415, and misuse of confidential information, ORS 162.”
State v. Petersen, 228 P.3d 721 (Or. Ct. App. 2010).
— Or. Rev. Stat. § 162.415(l)(b) — 6 cases
In Re Complaint as to the Conduct of Leonhardt, 930 P.2d 844 (Or. 1997). “Based on the actions that the accused took on behalf of Overby regarding the August 1993 reckless driving charge, the accused was charged with, tried, and convicted of the misdemeanor offense of official misconduct in the first degree, ORS 162.415(l)(b). II. THE CHARGES The…”
Lucas v. Lake Cnty., 289 P.3d 320 (Or. Ct. App. 2012). “185(l)(a) (providing that “[a] person commits the crime of supplying contraband if” that person “knowingly introduces any contraband into a correctional facility”); ORS 162.415(l)(b) (providing that a public servant commits the crime of first-degree official misconduct “if with…”
State v. Barker, 914 P.2d 11 (Or. Ct. App. 1996). “055; ORS 162.415. The state appeals from an order that sustained defendant’s demurrer to the indictments charging him with official misconduct.”
State v. Gove, 875 P.2d 534 (Or. Ct. App. 1994). “We said: “Defendant next argues that the misconduct count fails to state a crime because a purely personal benefit (in this case, sexual gratification) for a public official does not satisfy ORS 162.”
State v. Moine, 877 P.2d 94 (Or. Ct. App. 1994). “025, and one count each of first degree official misconduct, ORS 162.415, and misuse of confidential information, ORS 162.”
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