162.415 Official misconduct in the first degree. (1) A public servant commits the crime of official misconduct in the first degree if:
(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]
Stored review status: 2025_edition_later_amendments_unresolved. A text match is a research starting point; applicability is not established.
Official chapter context and edition notices
Chapter 162 — Offenses Against the State and Public Justice
ORS sections in this chapter were amended or repealed by the Legislative Assembly during its 2026 regular session. See the table of ORS sections amended or repealed during the 2026 regular session: 2026 A&R Tables
2025 EDITION
STATE AND PUBLIC JUSTICE OFFENSES
CRIMES AND PUNISHMENTS
DEFINITIONS
BRIBERY
PERJURY AND RELATED OFFENSES
ESCAPE, SUPPLYING CONTRABAND AND FAILURE TO APPEAR
OBSTRUCTING GOVERNMENTAL ADMINISTRATION
ABUSE OF PUBLIC OFFICE
INTERFERENCE WITH LEGISLATIVE OPERATIONS
DEFINITIONS
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Stable record: oregon_criminal_law:legal_authorities:162.415 Source file: ors162.html Pages: Not recorded – Not recorded Passage SHA-256: e7612218d2e206eb564a9f6b4559a5b0b5fca25782a35643446cded49e1121f0 Retained source evidence SHA-256: 6dfad8a645fa6e9832270ebd067928ed2cd6f97ef4ed854a71f46e9af3b75226
Source location: ORS 162.415 (all printed versions and notes)
Stored source content
162.415 Official misconduct in the first degree. (1) A public servant commits the crime of official misconduct in the first degree if:
(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]
Cross-references
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Oregon criminal law — ORS Title 16 (2025 snapshot) · legal_authorities
162.405 Official misconduct in the second degree. (1) A public servant commits the crime of official misconduct in the second degree if the person knowingly violates any statute relating to the office of the person.
(2) Official misconduct in the second degree is a Class C misdemeanor. [1971 c.743 §214]
163A.005 Definitions for ORS 163A.005 to 163A.235. As used in ORS 163A.005 to 163A.235:
(1) “Another United States court” means a federal court, a military court, the tribal court of a federally recognized Indian tribe or a court of:
(a) A state other than Oregon;
(b) The District of Columbia;
(c) The Commonwealth of Puerto Rico;
(d) Guam;
(e) American Samoa;
(f) The Commonwealth of the Northern Mariana Islands; or
(g) The United States Virgin Islands.
(2) “Attends” means is enrolled on a full-time or part-time basis.
(3)(a) “Correctional facility” means any place used for the confinement of persons:
(A) Charged with or convicted of a crime or otherwise confined under a court order.
(B) Found to be within the jurisdiction of the juvenile court for having committed an act that if committed by an adult would constitute a crime.
(b) “Correctional facility” applies to a state hospital or a secure intensive community inpatient facility only as to persons detained therein charged with or convicted of a crime, or detained therein after being found guilty except for insanity under ORS 161.290 to 161.373 or responsible except for insanity under ORS 419C.411.
(4) “Institution of higher education” means a public or private educational institution that provides a program of post-secondary education.
(5) “Sex crime” means:
(a) Rape in any degree;
(b) Sodomy in any degree;
(c) Unlawful sexual penetration in any degree;
(d) Sexual abuse in any degree;
(e) Incest with a child victim;
(f) Using a child in a display of sexually explicit conduct;
(g) Encouraging child sexual abuse in any degree;
(h) Transporting child pornography into the state;
(i) Paying for viewing a child’s sexually explicit conduct;
(j) Compelling prostitution;
(k) Promoting prostitution;
(