General Provisions
General definitions
Notes of Decisions
The human hand is not included within the definition of a “dangerous weapon” within the meaning of this section. State v. Wier, 22 Or App 549, 540 P2d 394 (1975)
A theatre which admits persons 18 years or older and where patrons are forewarned as to the nature of the performance is not a public place. State v. Brooks, 275 Or 171, 550 P2d 440 (1976)
Defendant, who had controlled substance injected into his arm, did not “possess” drug so as to have dominion or control over it. State v. Downes, 31 Or App 1183, 572 P2d 1328 (1977)
Testimony, that obscene matter was located in cabinet behind defendant’s desk, in his office, in warehouse owned by corporation of which defendant was part owner, was sufficient for jury to infer that defendant has possession of obscene matter. State v. Cossett, 34 Or App 113, 578 P2d 423 (1978), Sup Ct review denied
Scalding hot water, which caused injury to child, was “dangerous weapon” within meaning of this section. State v. Jacobs, 34 Or App 755, 579 P2d 881 (1978), Sup Ct review denied
One who has purpose of forcibly raping another has purpose of causing “physical injury” within meaning of this section. State v. Strickland, 36 Or App 119, 584 P2d 310 (1978)
Whether instrument constitutes dangerous weapon is not established by resulting injury but rather by injury that could have resulted under circumstances, so whether can opener was dangerous weapon was jury question. State v. Gale, 36 Or App 275, 583 P2d 1169 (1978)
Where only injury suffered by victim was torn shirt, there was no physical injury within meaning of this section. State v. Lindsey, 45 Or App 607, 609 P2d 386 (1980)
Where victim received small cut, which caused her no pain, from flying glass caused by defendant’s breaking of rear window of pickup truck in which she was sitting, she had no impairment of physical condition and therefore no “physical injury” within meaning of this section. State v. Rice, 48 Or App 115, 616 P2d 538 (1980), Sup Ct review denied
Where defendant hit victim with gas can and kicked him in the arm, where victim reported no sensation other than that it “hurt”, where there was no indication of bruising or other injury and victim did not seek medical treatment, evidence was insufficient to find victim suffered “physical injury.” State v. Capwell, 52 Or App 43, 627 P2d 905 (1981)
Since statutory definition of dangerous weapon depends on circumstances in which instrument was used, it was jury question whether under the circumstances article was used in manner capable of causing death or serious physical injury and it was not necessary that indictment allege that defendant intended vehicle to be dangerous weapon. State v. Lopez, 56 Or App 179, 641 P2d 596 (1982), Sup Ct review denied
Automobile operated “recklessly,” as defined by ORS 161.085, can be “dangerous weapon” for purposes of assault statute, ORS 163.165. State v. Hill, 298 Or 270, 692 P2d 100 (1984)
Where defendant threw container at victim and it hit victim in face and victim testified that blow hurt, caused redness, swelling and bruising, victim suffered “physical injury” within meaning of this section. State ex rel Juv. Dept v. Salmon, 83 Or App 238, 730 P2d 1285 (1986)
Jury could properly find serious physical injury where there was medical evidence from which jury could conclude beyond reasonable doubt that victim’s mouth and teeth are bodily organs and that there was protracted loss or impairment of those organs. State v. Byers, 95 Or App 139, 768 P2d 414 (1989)
Ordinary object may be classified as dangerous weapon as result of use to which object is put. State v. Bell, 96 Or App 74, 771 P2d 305 (1989), Sup Ct review denied; State v. Reed, 101 Or App 277, 790 P2d 551 (1990), Sup Ct review denied
Trial court did not err in denying motion for judgment of acquittal in trial for robbery in first degree where factfinder could have found under circumstances that “small, hard object” with which victim was struck constituted dangerous weapon. State v. Allen, 108 Or App 402, 816 P2d 639 (1991)
It is injury that could have resulted, not that which did result, that establishes dangerousness of weapon. State v. Allen, 108 Or App 402, 816 P2d 639 (1991)
“Impairment of physical condition” means harm to body that results in reduction of person’s ability to use body or bodily organ. State v. Higgins, 165 Or App 442, 998 P2d 222 (2000)
Under definition of “possess,” proof of physical control does not involve same attributes of dominion and control required to prove constructive possession. State v. Fries, 344 Or 541, 185 P3d 453 (2008)
For purposes of defining “physical injury”, impairment of physical condition occurs if harm prevents body from functioning in normal manner. State v. Hart, 222 Or App 285, 193 P3d 42 (2008)
Term “dangerous weapon” connotes something external to human body. State v. Kuperus, 241 Or App 605, 251 P3d 235 (2011)
Term “police officer” includes tribal police officers. State v. Kurtz, 350 Or 65, 249 P3d 1271 (2011)
Whether “physical injury” as used in this section occurs is based on combination of character of affected bodily function and degree and duration of impairment. Where defendant held pillow over victim’s mouth and nose and prevented victim from breathing for five seconds and caused victim to fear for victim’s life, defendant caused physical injury by impairment of victim’s physical condition. State v. Hendricks, 273 Or App 1, 359 P3d 294 (2015), Sup Ct review denied
For purpose of deadly weapon definition, “presently” capable of causing death or serious injury means to be capable immediately, without hesitation or delay. Norwood v. Premo, 287 Or App 443, 403 P3d 502 (2017), Sup Ct review denied
Attorney General Opinions
Lawfulness of Multnomah County ordinance regulating public possession of firearms in unincorporated areas of county (1990), Vol 46, p 362
Law Review Citations
51 OLR 484, 485, 579, 591, 592 (1972)