2017 ORS 162.285¹
Tampering with a witness

(1) A person commits the crime of tampering with a witness if:

(a) The person knowingly induces or attempts to induce a witness or a person the person believes may be called as a witness in any official proceeding to offer false testimony or unlawfully withhold any testimony; or

(b) The person knowingly induces or attempts to induce a witness to be absent from any official proceeding to which the person has been legally summoned.

(2) Tampering with a witness is a Class C felony. [1971 c.743 §203; 1979 c.231 §1]

Notes of Decisions

Inducing witness to elude service of legal summons is not witness tampering. State v. Wagner, 67 Or App 75, 676 P2d 937 (1984)

Induce­ment or at­tempted induce­ment of witness to be absent from official pro­ceed­ing does not constitute tampering with witness unless witness has been officially summoned at time induce­ment or at­tempted induce­ment is made. State v. Martin, 95 Or App 170, 769 P2d 203 (1989)

“Any official pro­ceed­ing” includes potential future pro­ceed­ings. State v. Bailey, 219 Or App 526, 183 P3d 232 (2008), aff’d 346 Or 551, 213 P3d 1240 (2009)

Person may be “witness” whether or not per­son has testified or has been subpoened to testify. State v. Bryan, 221 Or App 455, 190 P3d 470 (2008), Sup Ct review denied

Where defendant was found guilty of witness tampering based on letter defendant sent to defendant’s mother encouraging mother and brother either to not testify against defendant or to change their stories, guilty verdicts merge under ORS 161.067 (Determining punishable offenses for violation of multiple statutory provisions, multiple victims or repeated violations) because viola­tions of two different paragraphs of this sec­tion do not constitute viola­tions of separate statutory pro­vi­sions. State v. Jenkins, 280 Or App 691, 383 P3d 395 (2016), Sup Ct review denied

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 (2017) (last ac­cessed Mar. 30, 2018).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 162, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano162.­html (2017) (last ac­cessed Mar. 30, 2018).
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.