ORS 163 Assault and Related Offenses

  1. 163.165 Assault III
    1. A person commits the crime of assault in the third degree if the person:

    a. Recklessly causes serious physical injury to another by means of a deadly or dangerous weapon;

    b. Recklessly causes serious physical injury to another under circumstances manifesting extreme indifference to the value of human life;

    c. Recklessly causes physical injury to another by means of a deadly or dangerous weapon under circumstances manifesting extreme indifference to the value of human life;

    d. Intentionally, knowingly or recklessly causes, by means other than a motor vehicle, physical injury to the operator of a public transit vehicle while the operator is in control of or operating the vehicle. As used in this paragraph, public transit vehicle has the meaning given that term in ORS166.116 (Interfering with public transportation);

    e. While being aided by another person actually present, intentionally or knowingly causes physical injury to another;

    f. While committed to a youth correction facility, intentionally or knowingly causes physical injury to another knowing the other person is a staff member while the other person is acting in the course of official duty;

    g. Intentionally, knowingly or recklessly causes physical injury to an emergency medical services provider, as defined in ORS 682.025 (Definitions), while the emergency medical services provider is performing official duties;

    h. Being at least 18 years of age, intentionally or knowingly causes physical injury to a child 10 years of age or younger;or

    i. Intentionally, knowingly or recklessly causes, by means other than a motor vehicle, physical injury to the operator of a taxi while the operator is in control of the taxi.

    2. (a) Assault in the third degree is a Class C felony.

    (b)Notwithstanding paragraph (a) of this subsection, assault in the third degree under subsection (1)(a) or (b) of this section is a Class B felony if:

    (A)The assault resulted from the operation of a motor vehicle; and

    (B)The defendant was the driver of the motor vehicle and was driving while under the influence of intoxicants.

    3. As used in this section:(a)Staff member means:

    (A)A corrections officer as defined in ORS 181.610(Definitions for ORS 181.610 to 181.712), a youth correction officer, a youth correction facility staff member, a Department of Corrections or Oregon Youth Authority staff member or a person employed pursuant to a contract with the department or youth authority to work with, or in the vicinity of, inmates, youth or youth offenders; and

    (B)A volunteer authorized by the department, youth authority or other entity in charge of a corrections facility to work with, or in the vicinity of, inmates, youth or youth offenders.
  2. 163.175 Assault II
    1. A person commits the crime of assault in the second degree if the person:

    a. Intentionally or knowingly causes serious physical injury to another;

    b. Intentionally or knowingly causes physical injury to another by means of a deadly or dangerous weapon; or

    c. Recklessly causes serious physical injury to another by means of a deadly or dangerous weapon under circumstances manifesting extreme indifference to the value of human life.

    2. Assault in the second degree is a Class B felony.
  3. 163.185 Assault I
    1. A person commits the crime of assault in the first degree if the person:

    a. Intentionally causes serious physical injury to another by means of a deadly or dangerous weapon;

    b. Intentionally or knowingly causes serious physical injury to a child under six years of age;

    c. Violates ORS 163.175 (Assault in the second degree)knowing that the victim is pregnant; or

    d. Intentionally, knowingly or recklessly causes serious physical injury to another while operating a motor vehicle under the influence of intoxicants in violation of ORS 813.010 (Driving under the influence of intoxicants) and:

    A. The person has at least three previous convictions for driving while under the influence of intoxicants under ORS 813.010 (Driving under the influence of intoxicants), or its statutory counterpart in any jurisdiction, in the 10 years prior to the date of the current offense; or

    • B. (i) The person has a previous conviction for any of the crimes described in subsection (2) of this section, or their statutory counterparts in any jurisdiction; and
    • (ii)The victims death or serious physical injury in the previous conviction was caused by the person driving a motor vehicle.

    2. The previous convictions to which subsection (1)(d)(B) of this section apply are:

    a. Manslaughter in the first degree under ORS 163.118(Manslaughter in the first degree);

    b. Manslaughter in the second degree under ORS 163.125(Manslaughter in the second degree);

    c. Criminally negligent homicide under ORS 163.145(Criminally negligent homicide);

    d. Assault in the first degree under this section;

    e. Assault in the second degree under ORS 163.175 (Assault in the second degree); or

    f. Assault in the third degree under ORS 163.165 (Assault in the third degree).

    3. Assault in the first degree is a Class A felony.

    4. It is an affirmative defense to a prosecution under subsection (1)(d)(B) of this section that the defendant was not under the influence of intoxicants at the time of the conduct that resulted in the previous conviction.
  4. 163.205 Criminal Mistreatment I
    1. A person commits the crime of criminal mistreatment in the first degree if:

    a. The person, in violation of a legal duty to provide care for another person, or having assumed the permanent or temporary care, custody or responsibility for the supervision of another person, intentionally or knowingly withholds necessary and adequate food, physical care or medical attention from that other person; or

    b. The person, in violation of a legal duty to provide care for a dependent person or elderly person, or having assumed the permanent or temporary care, custody or responsibility for the supervision of a dependent person or elderly person, intentionally or knowingly:

    A. Causes physical injury or injuries to the dependent person or elderly person;

    B. Deserts the dependent person or elderly person in a place with the intent to abandon that person;

    C. Leaves the dependent person or elderly person unattended at a place for such a period of time as may be likely to endanger the health or welfare of that person;

    D. Hides the dependent persons or elderly persons money or property or takes the money or property for, or appropriates the money or property to, any use or purpose not in the due and lawful execution of the persons responsibility;

    E. Takes charge of a dependent or elderly person for the purpose of fraud; or

    F. Leaves the dependent person or elderly person, or causes the dependent person or elderly person to enter or remain, in or upon premises where a chemical reaction involving one or more precursor substances:

    (i)Is occurring as part of unlawfully manufacturing a controlled substance or grinding, soaking or otherwise breaking down a precursor substance for the unlawful manufacture of a controlled substance; or

    (ii)Has occurred as part of unlawfully manufacturing a controlled substance or grinding, soaking or otherwise breaking down a precursor substance for the unlawful manufacture of a controlled substance and the premises have not been certified as fit for use under ORS 453.885(Decontamination of property).

    2. As used in this section:

    a. Controlled substance has the meaning given that term in ORS 475.005 (Definitions for ORS 475.005 to 475.285 and 475.752 to 475.980).

    b. Dependent person means a person who because of either age or a physical or mental disability is dependent upon another to provide for the persons physical needs.

    c. Elderly person means a person 65 years of age or older.

    d. Legal duty includes but is not limited to a duty created by familial relationship, court order, contractual agreement or statutory or case law.

    e. Precursor substance has the meaning given that term in ORS 475.940 (Precursor substances described).

    3. Criminal mistreatment in the first degree is a Class C felony.
  5. 163.225 Kidnapping II
    1. A person commits the crime of kidnapping in the second degree if, with intent to interfere substantially with another's personal liberty, and without consent or legal authority, the person:

    • a. Takes the person from one place to another; or
    • b. Secretly confines the person in a place where the person is not likely to be found.

    2. It is a defense to a prosecution under subsection (1) of this section if:

    • a. The person taken or confined is under 16 years of age;
    • b. The defendant is a relative of that person; and
    • c. The sole purpose of the person is to assume control of that person.

    3. Kidnapping in the second degree is a class B felony.
  6. 163.215 Definitions
    1. Without consent means that the taking or confinement is accomplished by force, threat or deception, or, in the case of a person under 16 years of age who is otherwise incapable of giving consent, that the taking or confinement is accomplished without the consent of the lawful custodian of the person.

    2. Lawful custodian means a parent, guardian or other person responsible by authority of law for the care, custody or control of another.

    3. Relative means a parent, ancestor, brother, sister, uncle or aunt.
Author
Lprchn81
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344760
Card Set
ORS 163 Assault and Related Offenses
Description
ORS Laws for Assault and Related Offenses
Updated