OREGON OBSTRUCTING GOVERNMENT LAWS



David N Lesh
Oregon Criminal Defense Attorney
Oregon Super Lawyer 2018, 2019, 2020, 2021, 2022, 2023

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OREGON OBSTRUCTING, INTERFERING WITH, AND REFUSING TO ASSIST GOVERNMENTAL ADMINISTRATION LAWS

    ORS 162.225 Definitions for ORS 162.225 to 162.375.

As used in ORS 162.225 to 162.375 and 162.465, unless the context requires otherwise:

    (1) “Firefighter” means any fire or forestry department employee, or authorized fire department volunteer, vested with the duty of preventing or combating fire or preventing the loss of life or property by fire.

   (2) “Official proceeding” means a proceeding before any judicial, legislative or administrative body or officer, wherein sworn statements are received, and includes any referee, hearing examiner, commissioner, notary or other person taking sworn statements in connection with such proceedings.

   (3) “Physical evidence” means any article, object, record, document or other evidence of physical substance.

   (4) “Public record” means any book, document, paper, file, photograph, sound recording, computerized recording in machine storage, records or other materials, regardless of physical form or characteristic, made, received, filed or recorded in any government office or agency pursuant to law or in connection with the transaction of public business, whether or not confidential or restricted in use.

   (5) “Testimony” means oral or written statements that may be offered by a witness in an official proceeding. [1971 c.743 §197; 1991 c.67 §34]

   ORS 162.235 Obstructing governmental or judicial administration.

   (1) A person commits the crime of obstructing governmental or judicial administration if the person intentionally obstructs, impairs or hinders the administration of law or other governmental or judicial function by means of intimidation, force, physical or economic interference or obstacle.

   (2) This section shall not apply to the obstruction of unlawful governmental or judicial action or interference with the making of an arrest.

   (3) Obstructing governmental or judicial administration is a Class A misdemeanor. [1971 c.743 §198; 1981 c.902 §1] 

   ORS 162.245 Refusing to assist a peace officer.

   (1) A person commits the offense of refusing to assist a peace officer if upon command by a person known by the person to be a peace officer the person unreasonably refuses or fails to assist in effecting an authorized arrest or preventing another from committing a crime.

   (2) Refusing to assist a peace officer is a Class B violation. [1971 c.743 §199; 1999 c.1051 §150]

   ORS 162.247 Interfering with a peace officer or parole and probation officer.

   (1) A person commits the crime of interfering with a peace officer or parole and probation officer if the person, knowing that another person is a peace officer or a parole and probation officer as defined in ORS 181A.355, intentionally or knowingly acts in a manner that prevents, or attempts to prevent, the peace officer or parole and probation officer from performing the lawful duties of the officer with regards to another person or a criminal investigation.   

   (2) Interfering with a peace officer or parole and probation officer is a Class A misdemeanor.

    (3) This section does not apply in situations in which the person is engaging in passive resistance.

 

    (4) A person may not be arrested or charged under this section if the person is arrested or charged for another offense based on the same conduct. [1997 c.719 §1; 1999 c.1040 §7; 2005 c.668 §1; 2021 c.254 §1]

   ORS 162.255 Refusing to assist in fire-fighting operations.

   (1) A person commits the offense of refusing to assist in fire-fighting operations if:

   (a) Upon command by a person known by the person to be a firefighter the person unreasonably refuses or fails to assist in extinguishing a fire or protecting property threatened thereby; or

   (b) Upon command by a person known by the person to be a firefighter or peace officer the person intentionally and unreasonably disobeys a lawful order relating to the conduct of the person in the vicinity of a fire.

   (2) Subsection (1) of this section does not apply to a person working for a news organization if the person is reporting on the fire and the person does not unreasonably interfere with fire-fighting operations.

   (3) Refusing to assist in fire-fighting operations is a Class B violation. [1971 c.743 §200; 1991 c.67 §35; 1999 c.1051 §151; 2005 c.626 §1]

   ORS 162.257 Interfering with a firefighter or emergency medical services provider.

  (1) A person commits the crime of interfering with a firefighter or emergency medical services provider if the person, knowing that another person is a firefighter or emergency medical services provider, intentionally acts in a manner that prevents, or attempts to prevent, a firefighter or emergency medical services provider from performing the lawful duties of the firefighter or emergency medical services provider.

   (2) Interfering with a firefighter or emergency medical services provider is a Class A misdemeanor.

   (3) As used in this section, “emergency medical services provider” has the meaning given that term in ORS 682.025. [2003 c.529 §2; 2011 c.703 §26]



About the Author: 

David Lesh is a Portland attorney emphasizing the defense of serious criminal charges.  He has been a member of the Oregon State Bar since 1990.  Mr. Lesh is a former Multnomah County prosecutor (5 years) and lawyer to the Portland Police Bureau (3 years).  He was named an Oregon Super Lawyer in each year from 2018 - 2022.  His law practice has an A+ BBB rating.
Office Location:  434 NW 19th Avenue; Portland, OR  97209
Phone:  503.546.2928   |   Fax:  503.296.2935
Email: info @ davidlesh.net (no spaces)

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