Published on:

Is it always a crime to give a police officer a false name? Oregon Court of Appeals Speaks Out.

By

Oregon v. Moresco, Court of Appeals, A144016, filed June 13 2012.

Defendant appeals a judgment of conviction for giving false information to a police officer, ORS 162.385(1)(b), arguing that the trial court erred in denying her motion for a judgment of acquittal because no rational trier of fact could have found that the officer to whom she lied about her identity had asked for her name for the purpose of arresting her on a warrant. We reverse. ….” [Read full case.]

Read 2011 ORS 162.385(1)(b):

162.385 Giving false information to peace officer for a citation or arrest on a warrant. (1) A person commits the crime of giving false information to a peace officer for issuance or service of a citation or for an arrest on a warrant if the person knowingly uses or gives a false or fictitious name, address or date of birth to any peace officer for the purpose of:

(a) The officer’s issuing or serving the person a citation under authority of ORS 133.055 to 133.076 or ORS chapter 153; or

(b) The officer’s arresting the person on a warrant.

(2) A person who violates this section commits a Class A misdemeanor. [1983 c.661 §11; 1999 c.1051 §70; 2003 c.777 §1; 2007 c.771 §1]

Note: 162.385 was added to and made a part of ORS chapter 133 by legislative action. It was not added to ORS chapter 162 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.”