ORS 162.205
Failure to appear in the first degree


(1)

A person commits the crime of failure to appear in the first degree if the person knowingly fails to appear as required after:

(a)

Having by court order been released from custody or a correctional facility under a release agreement or security release upon the condition that the person will subsequently appear personally in connection with a charge against the person of having committed a felony; or

(b)

Having been released from a correctional facility subject to a forced release agreement under ORS 169.046 (Notice of county jail population emergency) in connection with a charge against the person of having committed a felony.

(2)

Failure to appear in the first degree is a Class C felony. [1971 c.743 §196; 1973 c.836 §344; 2001 c.517 §4; 2003 c.320 §2]

Source: Section 162.205 — Failure to appear in the first degree, https://www.­oregonlegislature.­gov/bills_laws/ors/ors162.­html.

Notes of Decisions

Evidence of defendant’s whereabouts one month following his failure to appear was properly admitted. State v. Sims, 23 Or App 438, 543 P2d 300 (1975)

Where court properly considered criminal and crime, sentence within maximum was not excessive, cruel or unusual. State v. Bilton, 36 Or App 513, 585 P2d 50 (1978)

Where defendant violated parole from Washington burglary conviction and failed to appear at Oregon extradition proceeding, he was properly convicted of failure to appear in connection with Washington burglary charge. State v. Beirley, 46 Or App 73, 610 P2d 1233 (1980)

Argument that court should have granted defendant’s motion for judgment of acquittal because to “appear personally in connection with a charge against him” does not mean that defendant must make himself available for incarceration by remaining in courtroom is without merit. State v. Johnson, 66 Or App 123, 672 P2d 1249 (1983)

Where, under release agreement, defendant agreed to appear and answer charges in circuit court on dates and times “to be set” and voluntarily failed to appear on last day of trial, his violation of release agreement was not excused by his presence on other days of trial. State v. Phillips, 84 Or App 316, 734 P2d 4 (1987), Sup Ct review denied

Mistaken belief concerning necessity for appearance was relevant to issue of intent to not appear. State v. Ross, 123 Or App 264, 859 P2d 569 (1993)

“Custody” does not include constructive restraint by court. State v. Ford, 207 Or App 407, 142 P3d 107 (2006)

Where defendant is released from custody under release agreement, defendant may be convicted for failure to appear as required by agreement regardless of whether defendant remains entitled to release on date of alleged failure. State v. Crawford, 208 Or App 340, 144 P3d 1073 (2006)

Criminal penalty for failure to personally appear after release under release agreement does not attach unless agreement unambiguously requires personal appearance. State v. Lobue, 300 Or App 340, 453 P3d 929 (2019)

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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