Oregon Statutes 162.415 – Official misconduct in the first degree
(1) A public servant commits the crime of official misconduct in the first degree if:
Attorney's Note
Under the Oregon Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class A misdemeanor | up to 364 days | up to $6,250 |
Terms Used In Oregon Statutes 162.415
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
(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]
[Repealed by 1961 c.649 § 9]