Oregon Statutes 162.105 – Retraction as defense
(1) It is a defense to a prosecution for perjury or false swearing committed in an official proceeding that the defendant retracted the false statement:
Terms Used In Oregon Statutes 162.105
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(a) In a manner showing a complete and voluntary retraction of the prior false statement; and
(b) During the course of the same official proceeding in which it was made; and
(c) Before the subject matter of the official proceeding is submitted to the ultimate trier of fact.
(2) ‘Official proceeding,’ as used in this section, 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. Statements made in separate stages of the same trial or administrative proceeding shall be considered to have been made in the course of the same proceeding. [1971 c.743 § 187]
[Repealed by 1971 c.743 § 432]