2015 ORS 162.065¹
Perjury

(1) A person commits the crime of perjury if the person makes a false sworn statement or a false unsworn declaration in regard to a material issue, knowing it to be false.

(2) Perjury is a Class C felony. [1971 c.743 §183; 2013 c.218 §19]

Notes of Decisions

Where the defendant testified that he did not remember a fact about which he had pre­vi­ously made state­ments, the issue of whether the defendant knew and remembered such fact at the time of the testimony claimed to be perjured must, of necessity, be es­tab­lished by circumstantial evidence. State v. Shoemaker, 277 Or 55, 559 P2d 498 (1977)

Where defendant's allegedly false state­ment was made during hearing on mo­tion to suppress and no evidence of contents of that mo­tion or issues at the hearing were introduced, perjury con­vic­­tion was reversed because there was insufficient evidence of ma­te­ri­ality of state­ment. State v. Greenlaw, 49 Or App 15, 618 P2d 1291 (1980), as modified by 50 Or App 97, 622 P2d 325 (1980)

Where defendant, in pro­ceed­ing to terminate her parental rights, made false state­ments in regard to her use of drugs, these state­ments were not ma­te­ri­al where usage of drugs was not alleged in peti­tion as grounds for termina­tion and con­vic­­tion for perjury was improper. State v. Darnell, 49 Or App 461, 619 P2d 1321 (1980)

Where there was no specific statutory authority for ad­min­is­tra­­tion of oath by Release Assistance Officer, defendant could not be convicted of perjury for false state­ments under oath administered by that official. State v. Flamer, 54 Or App 17, 633 P2d 860 (1981)

There was sufficient evidence that defendant's verifica­tions on custody release ques­tionnaire that in­for­ma­­tion there was "true and complete" were in fact false, where defendant knew that he did not disclose complete crim­i­nal record. State v. Proctor, 92 Or App 557, 759 P2d 316 (1988)

Because trial court administrator has express statutory authority to administer oaths and appoint deputies, and because court administrator acted within that authority in appointing release of­fi­cer as deputy, defendant could be convicted of perjury for giving false in­for­ma­­tion on oath administered by release of­fi­cer so appointed. State v. Proctor, 92 Or App 557, 759 P2d 316 (1988)

Defendant was wrongly convicted of perjury where state presented no evidence even remotely suggesting that defendant did not sincerely believe his state­ment. State v. Hayes, 116 Or App 287, 843 P2d 944 (1992)

To prove perjury, state must show that defendant knew that state­ment was false, not that defendant was uncertain about truthfulness of state­ment. State v. Park, 120 Or App 294, 852 P2d 872 (1993), Sup Ct review denied

Where defendant was not administered formal oath, but signed construc­tion lien notice falsely attesting to knowledge and belief of facts asserted, defendant was guilty of perjury. State v. Carr, 125 Or App 270, 863 P2d 1316 (1993), aff'd 319 Or 408, 877 P2d 1192 (1994)

Materially false state­ment is not perjury unless sworn to or affirmed before per­son authorized to take oaths or affirma­tions. Josephine County v. 1983 Chevrolet PU, 164 Or App 501, 992 P2d 947 (1999)

Chapter 162

Law Review Cita­tions

51 OLR 427-637 (1972)


1 Legislative Counsel Committee, CHAPTER 162—Offenses Against the State and Public Justice, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors162.­html (2015) (last ac­cessed Jul. 16, 2016).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2015, Chapter 162, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano162.­html (2015) (last ac­cessed Jul. 16, 2016).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.