ORS 162.375
Initiating a false report


(1)

A person commits the crime of initiating a false report if the person knowingly initiates a false alarm or report that is transmitted to a fire department, law enforcement agency or other organization that deals with emergencies involving danger to life or property.

(2)

Initiating a false report is a Class A misdemeanor.

(3)

Intentionally left blank —Ed.

(a)

The court shall include in the sentence of any person convicted under this section a requirement that the person repay the costs incurred in responding to and investigating the false report.

(b)

If the response to the false report involved the deployment of a law enforcement special weapons and tactics (SWAT) team or a similar law enforcement group, the court shall impose, and may not suspend, a term of incarceration of:

(A)

At least 10 days.

(B)

At least 30 days if the deployment resulted in death or serious physical injury to another person. [1971 c.743 §212; 2013 c.490 §1; 2015 c.751 §2; 2018 c.120 §9]

Source: Section 162.375 — Initiating a false report, https://www.­oregonlegislature.­gov/bills_laws/ors/ors162.­html.

Notes of Decisions

Initiating false report requires supplying false information at time incident is initially reported. State v. McCrorey, 216 Or App 301, 172 P3d 271 (2007)

Evidence in record that showed that youth repeatedly and falsely asserted to police detective that youth had been kidnapped was sufficient to support that youth “knowingly initiated a false report” under this section. State v. J.L.S., 268 Or App 829, 343 P3d 670 (2015)

Where defendant did not begin police report but where evidence showed that defendant acted in concert with other person and simultaneously participated in making false report of hit-and-run accident to police officer, each person could commit crime of initiating false report under this section. State v. Velasquez, 286 Or App 400, 400 P3d 1018 (2017)

In context of questioning initiated by law enforcement, if person falsely alleges new circumstances to which law enforcement agency is reasonably likely to respond as current separate crime or emergency about which person is being questioned, person “initiates a false alarm or report” within meaning of this section. State v. Branch, 362 Or 351, 408 P3d 1035 (2018); State v. Evans, 313 Or App 356, 493 P3d 1123 (2021), Sup Ct review allowed

Jury instruction in prosecution for initiating false report was misleading in that instruction included statement that persons could act in concert to initiate false report but omitted qualifier that persons must also act simultaneously for conduct to support conviction. State v. Morales, 307 Or App 280, 476 P3d 965 (2020)

162.005
Definitions for ORS 162.005 to 162.425
162.015
Bribe giving
162.025
Bribe receiving
162.035
Bribery defenses
162.055
Definitions for ORS 162.055 to 162.425
162.065
Perjury
162.075
False swearing
162.085
Unsworn falsification
162.095
Defenses to perjury and false swearing limited
162.105
Retraction as defense
162.115
Corroboration of falsity required
162.117
Public investment fraud
162.118
Illegal conduct by State Treasury not a defense
162.119
Public fraud as racketeering activity
162.121
Construction of ORS 162.117 to 162.121
162.135
Definitions for ORS 162.135 to 162.205
162.145
Escape in the third degree
162.155
Escape in the second degree
162.165
Escape in the first degree
162.175
Unauthorized departure
162.185
Supplying contraband
162.193
Failure to appear
162.195
Failure to appear in the second degree
162.205
Failure to appear in the first degree
162.225
Definitions for ORS 162.225 to 162.375
162.235
Obstructing governmental or judicial administration
162.245
Refusing to assist a peace officer
162.247
Interfering with a peace officer or parole and probation officer
162.255
Refusing to assist in fire-fighting operations
162.257
Interfering with a firefighter or emergency medical services provider
162.265
Bribing a witness
162.275
Bribe receiving by a witness
162.285
Tampering with a witness
162.295
Tampering with physical evidence
162.305
Tampering with public records
162.315
Resisting arrest
162.325
Hindering prosecution
162.335
Compounding
162.345
Defenses for hindering or compounding limited
162.355
Simulating legal process
162.365
Criminal impersonation of a public servant
162.367
Criminal impersonation of a peace officer
162.369
Possession of a false law enforcement identification card
162.375
Initiating a false report
162.385
Giving false information to a peace officer in connection with a citation or warrant
162.405
Official misconduct in the second degree
162.415
Official misconduct in the first degree
162.425
Misuse of confidential information
162.455
Interfering with legislative operations
162.465
Unlawful legislative lobbying
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