Chapter 162

Crimes Against the State and Public Justice

TREASON 162430 Punishment of officer whose negligence162010 Treason defined causes escape refusal to tale custody162020 What constitutes levying war against state 162440 Punishment of officer who rails to execute

162030 Punishment of treason process

162040 Proof of treasonCRIMES INVOLVING PUBLIC OFFICES AND

PERJURY OFFICERS

162110 Perjury defined procuring another to 162510 Unlawful act or omission by public officercommit perjury 16520 Lobbying without disclosing interest to

16212016130

Penalty for perjuryPenalty for attempting to procure another

162530legislators

Punishment of person refusing to assist

162140to commit perjury

False swearing procuring another to com162540

officer

Assuming to be magistrate or peace officersnit false swearing penalty and requiring assistance

162150 Evidence used against person giving it on 162550 Disguising oneself with intent to obstructprosecution for perjury execution of law or hinder officer

162160 Proof of perjury 162560 Maintenance of a privately operated police force

BRIBERY 162570 Wearing of stars and badges when officer162210 Judicial legislative and executive officers 162r80f

shaillSale of

surrender

badges without permit prohibited162220

defined

Influencing public official by bribe or in 162590 Seizure and destruction of badges not lawg

timidation 162600fully possessed

Penalty for violating ORS 162570 to162230 Acceptance by officer of gratuity pursuant 162590to agreement as to official conduct

162240 Acceptance of consideration by public off CRIMES INVOLVING PUBLIC RECORDS ANDcial for services rendered to person deal FUNDSing with public body

162610 Records required by lav to be in EnglishINTERFERENCE WITTY PUNISHMENT OF 162620 Destruction of public records

CRIMINALS 162630 Nonpayment of public or trust funds to162310 Compounding or concealing crime for treasurer as felony disposal by treasur

gratuity or consideration er of money in custody of late

162320 Effect of failure to prosecute criminal on 162640 Penalty when official makes profit out of

162330person concealing crime

Aiding imprisoned or committed person toI6 650

public fundsUnlawful use of funds by State Treasurer

escape 162655 Attempting to induce State Treasurer to

162340 Escape or aiding escape from state ins deposit funds unlawfullytitutions 6x660 Multnomah County treasurer making profg p

162350162360

Escape of person under arrestAiding in prisoners escape or attempt to

162670it from county funds

Inducing deposit by offering or giving reescape from officer

ward to Multnomah County treasurer

16370 Escape or aiding another to escape from 162680 Making profit out of money in hands ofcounty jail assaulting jailer 162690

port commissionersMakin profit from funds in hands of162380 Assault with deadly weapon by person im school clerk

prisoned in or sentenced to penitentiary162390 Assaulting officer while aiding escape of

person imprisoned in or sentenced toACTS AGAINST THE UNITED STATES

penitentiary 162710 Meaning of flag162400 Assault with deadly weapon by person im 162720 Punishment for desecration of United

prisoned in or sentenced to county jail States flag162410 Assaulting officer while aiding escape of 162730 Acts not considered desecration of United

person imprisoned in or sentenced to States flagcounty jail 162740 Display of red flag or other emblem as

162420 Punishment of officer who aids in an es manifestation of disloyalty belief incape anarchy or defiance of law

1009

CH 162 CROSS REFERENCES

CROSS REFERENCES

Definitions of terms in criminal statutes 161010Election offenses Ch 260Penalty for nonattendance of juror 10990Punishment for contempt 33020Violation of injunction 465160 465990

162010

Bail for treason Const Art V 14

Definition of treason Const Art I 24

162040

Proof of treason Const Art I 24

62110

Affirmation equivalent to oath 44360Contents of indictment for perjury 132690False affidavit to obtain bounty 610990False information under Bulk Sales Law regarding

debts 79040False oath by bank directors 707660 707990False statements regarding interest in motor ve

hicles 481990Perjury before state agencies 306990 407570

482990 543990 598990 683150 690270 744990Perjury by candidate in elections 260500Perjury by officials in elections 260620

16230

Bribery in election as forfeiture Const Art II 7

Bribery of voter 260680Election bribery 241525 2419904Gifts to influence Department of Agriculture per

sonnel 619240Gratuity accepted by member of State Tax Com

mission 306230 306990Removal of Supreme Court judges and prosecuting

attorneys from office Const Art VII 0 20

Trial of public officials Const Art VII A 6

Wrongfully securing summons to jury 10080

162240

See cross references for ORS 162230

Person defined 174100Similar prohibition applicable to Department of Fi

nance and Administration personnel 279736

162310

Crimes which may be compromised 134010

162320

Prosecution of accessory 161250

162420

Liability of sheriff who aids in escape 169330169340

162510

Neglect of duty by officer 145020 167265 167515586250

School official with pecuniary interest in schools332230 332990

Sheriff wrongfully selecting juror 10080Utility district official with interest in contract

awarded by district 261455 262460

162530

Power of officer to demand aid 206050

162570

Multnomah County sheriffs insignia worn unlawfully 206190 206990

Wearing insignia of Oregon State Police withoutauthority 181140

162620

Removing or destroying police records 181420162630

Misuse of public funds by officials a conversion165015

Punishment for improper actions involving publicfunds 291990

Recovery of misused public funds or their value280990 294100

Use of funds collected from taxes for wrongful purposes 311350 311990

162640

See cross references for ORS 162630Punishment for noncompliance with law relating to

public deposits 295990162650

Punishment for State Treasurers noncompliancewith depository law 295990

is

is1010

CRIMES AGAINST THE STATE AND PUBLIC JUSTICE 162150

TREASON

162010 Treason defined The follow

ing acts constitute the crime of treasonagainst this state

1 Levying war against this state within its boundaries

2 A combination of two or more persons by force to usurp or overturn thegovernment of this state evidenced by aforcible attempt made within this state toaccomplish such purpose

3 Adhering to the enemies of thisstate while it is separately engaged in a warwith a foreign enemy in the cases prescribed in the Constitution of the United

States and giving to such enemies aid andcomfort in this state or elsewhere

162020 What constitutes levying waragainst state To constitute levying waragainst this state an actual act of warmust be committed To merely conspire tolevy war does not constitute levying warWhere persons rise in insurrection with intent to prevent in general by force and intimidation the execution of a statute of thisstate or to force its repeal they are guiltyof levying war However an endeavor although by numbers and force of arms toresist the execution of a law in a singleinstance and for a private purpose is notlevying war

162030 Punishment of treason The

penalty for treason is death except whenthe trial jury in its verdict recommends lifeimprisonment in which case the penaltyshall be life imprisonment

162040 Proof of treason Treason shall

be proved by the testimony of two witnessesto the same overt act

162050 to 162100 Reserved for expansion

PERJURE

16ti110 Perjury defined procuring another to commit perjury 1 Any personauthorized by any law of this state to takean oath or affirmation or of whom an oathor affirmation is required by law who wilfully swears or affirms falsely in regard toany material matter or thing concerningwhich such oath or affirmation is authorized

or required is guilty of perjury2 Any person who procures another to

commit the crime of perjury is guilty of subornation of perjury

1

162120 Penalty for perjury 1 Everyperson convicted of the crime of perjurycommitted on the trial of or proceedings ina criminal action for a crime punishable withdeath or imprisonment for life shall be punished by imprisonment in the penitentiaryfor not more than 20 years

2 Every person convicted of the crimeof perjury committed in any proceeding in acourt of justice other than criminal actionsdescribed in subsection 1 of this sectionshall be punished by imprisonment in thepenitentiary for not more than 10 years

3 Every person convicted of the crimeof perjury committed otherwise than in aproceeding before a court of justice or convicted of the crime of subornation of perjury however committed shall be punishedby imprisonment in the penitentiary for notmore than five years

162130 Penalty for attempting to procure another to commit perjury Any personwho endeavors to procure or incite anotherto commit the crime of perjury though nopurjury is committed shall be punished uponconviction by imprisonment in the penitentiary for not more than three years

162140 False swearing procuring another to commit false swearing penalty 1Any person authorized by any law of thisstate to take an oath or affirmation or ofwhom an oath or affirmation is required bylaw who wilfully swears or affirms falselyin regard to any matter or thing concerningwhich the oath or affirmation is authorizedor required whether or not the matter orthing is material is guilty of false swearing

2 Any person who procures another tocommit the crime of false swearing is guiltyof subornation of false swearing

3 Violation of this section is punishable upon conviction by imprisonment in thecounty jail for a term not exceeding twoyears or by a fine of not more than 5000or both

162150 Evidence used against persongiving it on prosecution for perjury Anysection in the criminal and criminal procedure statutes which declares that evidence

obtained upon the examination of a personas a witness shall not be received againsthim in a criminal proceeding does not forbidsuch evidence being proved against the person upon any proceedings founded upon acharge of perjury committed by the personin such examination

oil

162160 CRIMES AND PUNISHMENTS

162160 Proof of perjury Perjury shallbe proved by the testimony of two witnessesor one witness and corroborating circumstances

162170 to 162200 Reserved for expansion

BRIBERY

162210 Judicial legislative and executive officers defined As used in ORS 162220and 162230

1 Judicial officer includesa Every person authorized to act as a

judge in a court of justice including a commissioner of the county court from the timeof his election or appointment

b Every person summoned as a jurorin any court of justice upon any inquest orbefore any officer from the time he is summoned

c Every referee umpire or arbitratorfrom the time of his appointment

2 Legislative officer includes everymember of either house of the LegislativeAssembly and every member of any common council board of aldermen trustees orother municipal legislative or deliberativebody from the time of his election or appointment

3 Executive officer includes everyofficer of this state or of any county townor other municipal or public corporationtherein not included in the definition ofjudicial and legislative officers in subsections 1 and 2 of this section from thetime of his election or appointment

162220 Influencing public official bybribe or intimidation Any person who corruptly gives offers or promises to give anygift gratuity valuable consideration or

thing whatever or who corruptly promisesto do or cause to be done any act beneficialto any judicial legislative or executive officer or who intimidates or attempts to intimidate or threatens any injury to the person orproperty of any judicial legislative or executive officer with intent to influence the vote

opinion decision judgment or other officialconduct of the officer in any matter question duty cause or proceeding which thenis or by law may come or be brought beforethe officer or with intent to influence the

upon conviction by imprisonment in the penitentiary for not more than 10 years or byimprisonment in the county jail not less thanone month nor more than one year or by afine of not less than 100 nor more than1000

162230 Acceptance by officer of gratuity pursuant to agreement as to officialconduct Any judicial legislative or executive officer who corruptly accepts or receivesany gift gratuity valuable consideration orthing whatever or any promise thereof orany promise to do or cause to be done anyact beneficial to him with the understandingor agreement express or implied that hewill give his vote opinion decision or judgment in a particular manner in any matterquestion duty cause or proceeding whichthen is or may by law come or be broughtbefore him or with the understanding oragreement that he will in his official capacity act in a particular manner or so as toproduce or prevent any particular resultshall be punished upon conviction by imprisonment in the penitentiary for not more than15 years

162240 Acceptance of consideration bypublic official for services rendered to person dealing with public body 1 No officerdeputy agent or employe in any state county or municipal office or as a member agentor employe of any state board or commission school district or municipal subdivisionof the state county or city shall directly orindirectly charge take demand accept orreceive any fee commission compensationgift reward or other consideration for services rendered or promised in connection withthe purchase or sale of any bonds warrantssupplies material thing or article or in connection with any contracts or awards of thisstate or any county municipality or districtthereof or from any person contracting ordealing with this state or with any countymunicipality district or agency thereof

2 Any person violating this section isguilty of malfeasance in office and shall bepunished upon conviction by a fine of notmore than 5000 or by imprisonment fornot more than one year in the county jail orpenitentiary or both or by dismissal fromoffice with or without either or any of suchpunishments

officer to act in his official capacity in aparticular manner so as to produce or pre 162250 to 162300 Reserved for exvent any particular result shall be punished pansion

1012

r1

r

CRE AGAINST THE STATE AND PUBLIC JUSTICE 162350

INTERFERENCE WITH PUNISHMENTOF CREM INALS

162310 Compounding or concealingcrime for gratuity or consideration Anyperson having knowledge of the commission of a crime who accepts or receives anygift gratuity valuable consideration orthing whatever or any promise thereof orany promise to do or cause to be done anyact beneficial to him with the understanding or agreement express or implied tocompound or conceal the crime or not toprosecute for the crime or give evidencethereof shall upon conviction be punishedas follows

1 If the crime is punishable with deathor imprisonment for life by imprisonmentin the penitentiary for not more than fiveyears

2 If the crime is not punishable withdeath or life imprisonment by imprisonmentin the county jail for not less than threemonths nor more than one year or by finenot less than 50 nor more than 500

162320 Effect of failure to prosecutecriminal on person concealing crime A person may be indicted for having with theknowledge of the commission of a crime taken money or property of another or a gratuity or a reward or an engagement orpromise therefor upon an agreement or understanding express or implied to compound or conceal the crime or to abstainfrom a prosecution for the crime or to withhold any evidence thereof though the personguilty of the original crime has not been indicted or tried

162330 Aiding imprisoned or committed person to escape Any person who conveys into or about the yard or grounds ofany penitentiary jail house of correction orother place used for the confinement of persons upon any warrant order or other legalprocess any disguise material instrumenttool weapon or other thing adapted to oruseful in aiding any person or prisoner therecommitted or detained with intent to effector facilitate the escape of such person orprisoner or by any means whatever aids orassists any such person or prisoner with anintent to escape whether the escape is effected or attempted or not shall be punished uponconviction as follows

1 If the person whose escape was intended or effected was committed or de

tained upon a charge or conviction of a crimeV

punishable with death or imprisonment forlife the punishment shall be imprisonmentin the penitentiary for not more than 20years

2 If the person whose escape was intended or effected was committed or detained upon a charge or conviction of acrime not punishable with death or imprisonment for life the punishment shall be thesame as that provided by law for the crimewith which such person was charged or convicted

3 If the person whose escape was intended or effected was in custody or confinement upon civil process or otherwisethan upon a charge or conviction of crimethe punishment shall be imprisonment in thecounty jail for not less than three monthsnor more than one year or a fine of notless than 100 nor more than 500

162340 Escape or aiding escape fromstate institutions 1 Every person confinedin the penitentiary or in lawful custody going to or from the penitentiary who breaksthe prison or custody or who escapes orattempts to escape from the prison or custody or who aids or assists any person toescape or attempt to escape therefrom shallbe punished upon conviction by imprisonment in the penitentiary for a term of notmore than 10 years

2 Every person who aids or assistsany inmate of the MacLaren School forBoys the Hillcrest School of Oregon theOregon State Hospital the Eastern OregonState Hospital or the Oregon FairviewHome or any person in lawful custody going to or from any of these institutions toescape or attempt to escape shall be punished upon conviction by a fine of not morethan 1000 or by imprisonment in the county jail for a term of not more than one yearor both

3 Every person sentenced to serve aterm in the penitentiary who escapes or attempts to escape therefrom or from thecustody of the officers of such prison orfrom the lawful custody of any officer without being guilty of the crime described insubsection 1 of this section shall be punished upon conviction by confinement in thepenitentiary for a period not to exceed threeyears

162350 Escape of person under arrest1 Any person who being committed to andconfined in any jail or place of confinement

is

162360 CRIMES AND PUNISHMENTS

pursuant to lawful arrest or being in thecustody of a peace officer of this state orany county city or town thereof or of hisbail bondsman pursuant to lawful arrestescapes or attempts to escape from suchconfinement or from the custody of thepeace officer or bail bondsman shall be punished upon conviction by imprisonment in thecounty jail for a term not more than oneyear or by a fine of not more than 500or both

2 Any person who having been sentenced to confinement in the penitentiary andprevious to his delivery to the penitentiarycommits any of the acts set forth in subsection 1 of this section shall be punished upon conviction by imprisonment in the statepenitentiary for not more than one year

162360 Aiding in prisoners escape orattempt to escape from officer Any personwho rescues or attempts to rescue anyprisoner from any officer or person havinglawful custody of the prisoner or aids orassists any prisoner in escaping or attempting to escape from any officer or personhaving lawful custody of the prisoner shallbe punished upon conviction by imprisonment in the penitentiary for not more than10 years or by imprisonment in the countyjail for not less than three months nor morethan one year

162370 Escape or aiding another to escape from county jail assaulting jailer Anyperson confined in any county jail of thisstate or in the custody of any jailer or person in charge of such jail who breaks suchjail or custody or who escapes or attemptsto escape therefrom or who aids or assistsany other person so confined to escape orattempt to escape therefrom or who assaults or attempts to assault any jailer orother person having the custody of suchperson shall be punished by imprisonmentin the county jail for not more than oneyear

162380 Assault with deadly weapon byperson imprisoned in or sentenced to penitentiary Any person imprisoned in the penitentiary who with a deadly weapon strikeswounds stabs cuts or shoots at any superintendent keeper or assistant keeper of thepenitentiary or other officer or person having the charge or custody of the person soimprisoned or any person sentenced to thepenitentiary who with a deadly weaponstrikes wounds stabs cuts or shoots at anysheriff deputy sheriff or his assistants hav

3

ing the charge or custody of the person sosentenced shall be punished upon convictionby imprisonment in the penitentiary for notmore than 20 years Amended by 1953 c5312

162390 Assaulting officer while aidingescape of person imprisoned in or sentencedto penitentiary Any person who with intent to effect or aid the escape of a personimprisoned in the penitentiary or sentencedto such imprisonment assaults any officeror person having the charge or custody ofthe person so imprisoned or sentenced shallbe punished upon conviction by imprisonment in the penitentiary for not more than15 years

162400 Assault with deadly weapon byperson imprisoned in or sentenced to countyjail Any person imprisoned or sentenced toimprisonment in a county jail or any building prison or place used as or in lieu of acounty jail who with a deadly weaponstrikes wounds stabs cuts or shoots at anysheriff deputy sheriff jailer or his assistants having the charge or custody of theperson so imprisoned or sentenced shall bepunished upon conviction by imprisonmentin the penitentiary for not more than 20years

162410 Assaulting officer while aidingescape of person imprisoned in or sentencedto county jail Any person who with intentto effect or aid the escape of a person imprisoned or sentenced to imprisonment asmentioned in ORS 162400 assaults anysheriff deputy sheriff jailer or his assistant having the charge or custody of theperson so imprisoned or sentenced shall bepunished upon conviction by imprisonmentin the penitentiary for not more than 10years

162420 Punishment of officer who aids

in an escape Any sheriff jailer or otherofficer who voluntarily suffers any personor prisoner committed to or in his custodyto escape is guilty of aiding and assisting inthe escape and shall be punished upon conviction in the manner provided in ORS162330

162430 Punishmen of officer whosenegligence causes escape refusal to takecustody Any sheriff jailer or other officerwho through negligence suffers any personor prisoner committed to or in his custodyto escape or who willfully refuses to receiveinto his custody any person or prisoner law

014

Cl

CRIMES AGAINST THE STATE AND PUBLIC JUSTICE

fully committed thereto shall be punishedupon conviction by imprisonment in thecounty jail for not less than six months normore than one year or by a fine of not lessthan 200 nor more than 1000

162440 Punishment of officer who fails

to execute process Any officer authorizedto serve process who wilfully and wrongfullyrefuses omits or delays to execute any lawful process directed and delivered to him andrequiring him to arrest or confine any person whereby such person escapes and goesat large shall be punished upon convictionby imprisonment in the county jail not lessthan three months nor more than one yearor by fine not less than 50 nor more than500

162450 to 162500 Reserved for expansion

CRIMES INVOLVING PUBLIC OFFICESAND OFFICERS

162510 Unlawful act or omission bypublic officer Any officer of this state orof any county town or other municipal orpublic corporation therein other than theGovernor judges of the Supreme Court ormembers of the Legislative Assembly whowilfully and knowingly charges takes orreceives any fee or compensation other thanthat authorized or permitted by law for anyofficial service or duty performed by suchofficer or who wilfully neglects or refusesto perform any duty or service pertaining tohis office with intent to injure or defraudanyone to the injury of anyone or themanifest hindrance or obstruction of publicjustice or business whether such injuryhindrance or obstruction was particularlyintended or not shall be punished upon conviction by imprisonment in the penitentiaryfor not more than one year or by imprisonment in the county jail for not less thanthree months nor more than one year or byfine of not less than 50 nor more than 500or by dismissal from office with or withouteither or any of such punishments

162550

the assembly in relation to such measurewithout first truly and completely disclosingto the member his interest therein or that ofhis principal and his own agency thereinshall be punished upon conviction by imprisonment in the county jail for not lessthan three months nor more than one yearor by fine of not less than 50 nor morethan 500

162530 Punishment of person refusingto assist officer 1 Any person who wilfully refuses to assist an officer in the lawful discharge of any duty pertaining to hisoffice when requested to do so by the officer shall be punished upon conviction byimprisonment in the county jail for not lessthan 10 days nor more than 30 days or byfine of not less than 10 or more than 500or both

2 Any person who is required by anypeace officer or magistrate to assist himin the execution of his office in the preservation of the peace the arrest of any person for a breach of the peace or the serviceof any process and who neglects or refusesto render such assistance shall be punished upon conviction by imprisonment in thecounty jail for not less than one month normore than six months or by fine of not lessthan 25 nor more than 500

162540 Assuming to be magistrate orpeace officer and requiring assistance Anyperson who falsely assumes to be a magistrate or peace officer and takes it uponhimself to act as such by requiring a personto aid or assist him in any matter pertainingto the duty thereof shall be punished uponconviction by imprisonment in the countyjail for not less than three months nor morethan one year or by fine of not less than50 nor more than 500

162550 Disguising oneself with intentto obstruct execution of law or hinder of

ficer Any person who in any manner disguises himself with intent to obstruct orhinder the due execution of the law or withintent to intimidate hinder or interrupt any

162520 Lobbying without disclosing in officer or other person in the legal performterest to legislators Any person having any ante of his duty or the exercise of any rightinterest in the passage or defeat of any under the law whether such intent is effectmeasure before or which shall come before ed or not shall be punished upon convictioneither house of the Legislative Assembly of by imprisonment in the county jail for notthis state or any agent of such person who less than three months nor more than one

converses with explains to or in any man year or by fine of not less than 50 norner attempts to influence any member of more than 500

1015

162560 CRIMES AND PUNISHMENTS

162560 Maintenance of a privately operated police force 1 No person or hisagents members or officers shall organizemaintain or employ an armed body of menin this state for the purpose of assumingdischarging or attempting to discharge inany city in this state any of the duties oroccupations properly belonging to the citysduly organized police patrol

2 No person or his members agentsor officers shall establish or maintain in anycity of this state any armed or uniformedpatrol system not under the direct controland appointed by the proper municipal departments as provided in the citys charter

3 Violation of this section is punishable upon conviction by a fine of not lessthan 1000 nor more than 5000 and alike sum for each day violation of this section is continued by the violator after having been once fined In addition the violatorif an individual may be imprisoned in thecounty jail not to exceed one year

4 The fine shall be paid into the general fund of the county in which the offensewas committed All arms uniforms accoutrements and other property of a military orpolice character in the possession of eachviolator or armed body of men shall beseized by the officer making the arrest forviolation of this section and shall be forfeited to the State of Oregon

162570 Wearing of stars and badgeswhen officer shall surrender All personsdeputized on or after June 12 1935 as special deputy sheriffs special police or otherspecial peace officers shall cease to act assuch officer and shall surrender to the ap

pointing officers his star or badge of authority upon 10 days written request or at theexpiration of the term of the appointingpower Thereafter such person shall not assume to act as such officer or wear or have

in his possession a star or other badge ofauthority unless he has been reappointedas such special officer

162530 Sale of badges without permitprohibited No person shall sell or offer forsale any star or other insignia employed asa badge of authority to act as a peace officerunless a written permit to sell the badge hasbeen first obtained from the sheriff of the

badge is to be sold and the date of the permit A copy of the permit shall be kept inthe issuing officers office and shall be always open to inspection by any prosecutingor peace officer

162590 Seizure and destruction of

badges not lawfully possessed Any star orbadge of authority of a peace officer foundin the unlawful possession of any personfirm or corporation may be immediatelyseized by any peace officer and destroyed ascontraband No person shall resist an officerin the seizure of such star

162600 Penalty f o r violating ORS

162570 to 162590 Violation of ORS 162570

to 162590 is punishable upon conviction byimprisonment in the county jail for a periodnot exceeding six months or by a fine notexceeding 500 or both

CRIMES INVOLVING PUBLIC RECORDSAND FUNDS

162610 Records required by law to bein English 1 With the exception of druggists or physicians prescriptions all records reports and proceedings required to bekept by law shall be written in the Englishlanguage

2 Violation of this section is punishable upon conviction by a fine not to exceed50 or imprisonment in the county jail notto exceed one month or both

162620 Destruction of public recordsAny person having the legal custody of anypublic record book paper or writing whowilfully destroys secretes or mutilates thesame or any attorney who wilfully destroyssecretes or mutilates any public record bookpaper or writing or who wrongfully takesthe same from the person having the legalcustody thereof or having obtained the possession of such record book paper or writing lawfully wrongfully refuses or neglectsto return or produce the same when lawfullyrequired or demanded so to do shall bepunished upon conviction by imprisonmentin the penitentiary for not more than oneyear or by imprisonment in the county jailfor not less than three months nor more than

one year or by fine of not less than 100

county in which the badge is to be offerednor more than 500

for sale or from the chief of police of any 162630 Nonpayment of public or trustincorporated city or town in which the badge funds to treasurer as felony disposal byis to be offered for sale The permit shall treasurer of money in custody of law 1state the name of the person to whom the All public officers excepting clerks of school

1016

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CRI3IES AGAINST THE STATE AND PUBLIC JUSTICE Q 162670

districts having and holding in their possession or custody public funds or money intrust for any person by virtue of their officeor holding money in custodia legis shall assoon as practicable pay the same to thecounty treasurer if held by a county officeror to the State Treasurer if held by a stateofficer

2 Failure to comply with this sectionis a felony punishable upon conviction by afine of not less than 100 nor more than50000 or to imprisonment in the countyjail for not less than 30 days nor more thanone year or by imprisonment in the penitentiary for not more than 20 years

3 All money so paid to the countytreasurer or to the State Treasurer shallbe paid out by such official in accordancewith the order of the court if the money isheld in custodia legis or to the persons towhom the money properly belongs if otherwise held

162640 Penalty when official makesprofit out of public funds No county treasurer or public officer in this state shall makea profit by loaning or otherwise using anymoney in his hands or in the hands of anypublic officer in this state with the custodyof which he is charged Violation of thissection is a felony punishable upon conviction by imprisonment in the penitentiary fora term of not more than 20 years or a fineof not less than 1000 and not more than50000 or both The public officer is liableon his official bond for all profits realizedfrom such unlawful use of the funds Anyperson convicted under this section shall beforever barred from holding any office ofthis state or the counties or municipalitiesthereof

162650 Unlawful use of funds by StateTreasurer The State Treasurer shall not

make a profit out of any money in the StateTreasury belonging to the state and thecustody of which he is charged with byloaning or otherwise using it nor shall theState Treasurer or any other person by thetreasurers consent remove all or part ofsuch moneys out of the vault or safe of thetreasurers department or out of any legaldepository of such moneys except for thepayment of sums authorized by law to bepaid or for the purpose of deposit in bankswhich are qualified as depositories underORS 295030 Violation of this section is a

felony punishable upon conviction by sub1

jetting the treasurer to imprisonment in thepenitentiary for a term not exceeding twoyears or a fine not exceeding5000 or bothThe treasurer shall be liable upon his official bond for all profits realized from suchunlawful use of the funds

162655 Attempting to induce S t a t eTreasurer to deposit funds unlawfully Nobank or depository or officer or stockholderthereof or any other person or persons inits or their behalf or by its or their knowledge acquiescence or authority or in itsor their interest shall directly or indirectlyoffer or give to the State Treasurer anygift compensation reward or inducementwith the intent or for the purpose of inducing said treasurer to deposit funds of thestate in any bank contrary to any law ofthis state Violation of this section is a fel

ony punishable upon conviction by imprisonment in the penitentiary for a period not exceeding two years or by a fine not exceeding5000 or both

162660 Multnomah County treasurermaking profit from county funds The county treasurer of Multnomah County shall notmake a profit out of any money in the county treasury belonging to the county and thecustody of which he is charged with by loaning or otherwise using it nor shall the county treasurer or any other person by thetreasurers consent remove all or part ofsuch moneys out of the vault or safe of thetreasurers department or out of any legaldepository of such moneys except for thepayment of such sums authorized by law tobe paid or for the purpose of deposit inbanks which have qualified as depositoriesViolation of this section is a felony punishable upon conviction by subjecting the treasurer to imprisonment in the penitentiary fora term not exceeding two years or a fine notexceeding 5000 or both The MultnomahCounty treasurer shall be liable on his official bond for all profits realized from suchunlawful use of such funds

162670 Inducing deposit by offering orgiving reward to Multnomah County treasurer No bank or depository or any officeror stockholder thereof or any person or persons in its or their behalf or by its or theirknowledge acquiescence or authority or inits interest shall give to the MultnomahCounty treasurer any gift compensation reward or inducement with the intent or for

the purpose of inducing said treasurer to de17

162680 CRIMES AND PUNISHMENTS

posit funds of the county in any bank contrary to any law of this state Violation ofthis section is a felony punishable upon conviction by imprisonment in the penitentiaryfor a period not exceeding two years or by afine not exceeding5000 or both

162680 Making profit out of money inhands of port commissioners No port commissioner or public officer in this state shalldirectly or indirectly make a profit by loaning or otherwise using any money in thehands of said port commissioners Violationof this section is a felony punishable uponconviction by imprisonment in the penitentiary for not more than 20 years or by afine of not less than 1000 and not morethan 50000 or both The public officershall be liable on his official bond for all

profits realized from such unlawful use ofsuch funds and any person so convicted isforever barred from holding any office ofthis state or the counties or municipalitiesthereof

162690 Making profit from funds inhands of school clerk No school clerkschool director or any public officer in thisstate shall make a profit out of any moneyin the hands of said school clerk by loaningor otherwise using it Violation of this section is a felony punishable upon convictionby imprisonment in the penitentiary for aterm of not more than 20 years or by afine of not less than 1000 and not morethan 50000 or both The public officer isliable on his official bond for all profitsrealized from such unlawful use of such

funds and any person so convicted is forever barred from holding any office of thisstate or the counties or municipalities thereof

162700 Reserved for expansion

ACTS AGrAINST THE UNITED STATES

same without deliberation may believe thesame to represent the flag colors standardor the ensign of the United States of America

162720 Punishment for desecration of

United States flag Any person who performs any of the following acts is subjectupon conviction to a fine of not less than20 nor more than 100

1 For exhibition or display places orcauses to be placed any words figures numbers marks inscriptions picture design device symbol token notice drawing or anyadvertisement of any nature upon any flagof the United States

2 Exposes or causes to be exposed topublic view any flag of the United Statesupon which is printed painted or otherwiseplaced or to which is attached appendedaffixed or annexed any words figures numbers marks inscriptions pictures designdevice symbol token notice drawing orany advertisement of any nature or kind

3 Exposes to public view manufactures sells exposes for sale or has in possession for sale or use any article thing or substance being an article for oror receptacle ofmerchandise upon which is printed paintedattached or otherwise placed a representation of any flag of the United States to advertise call attention to decorate ornamentmark or distinguish the article or thing onwhich it is placed

4 Publicly mutilates tramples upon orpublicly defaces defies defiles or by wordsor act casts contempt upon any flag of theUnited States

162730 Acts not considered desecration

of United States flag ORS 162720 shall notapply to any act permitted by the statutesof the United States or by the United StatesArmy and Navy regulations or to the regularissue of a newspaper or other periodical onwhich is printed a flag of the United Statesdisconnected from any advertisement

162710 Meaning of flag As used inORS 162710 to 162730 the words flag ofthe United States shall include any flagstandard color ensign or any representation or picture of either thereof made of orrepresented on any substance whatever andof any size whatever evidently purportingto be a flag standard color or ensign of theUnited States or a picture or a representation of either thereof upon which is shownin any number the colors the stars and thestripes or by which the person seeing the

1

162740 Display of red flag or otheremblem as manifestation of disloyalty beliefin anarchy or defiance of law No personshall carry or cause to be carried or publiclydisplayed any red flag or other emblem orbanner for the purpose of manifesting disloyalty to the Government of the UnitedStates or a belief in anarchy or other political doctrines or beliefs whose objects areeither the disruption or destruction of organized government or for the purpose of

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CRIMES AGAINST THE STATE AND PUBLIC JUSTICE 4162740

manifesting defiance of the laws of the Unit tion by imprisonment in the penitentiary noted States or of this state Violation of this exceeding 10 years or by a fine not exceedsection is a felony punishable upon convic ing1000 or both

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