Offenses Against the State and Public Justice

ORS 162.165
Escape in the first degree


(1)

A person commits the crime of escape in the first degree if:

(a)

Aided by another person actually present, the person uses or threatens to use physical force in escaping from custody or a correctional facility; or

(b)

The person uses or threatens to use a dangerous or deadly weapon escaping from custody or a correctional facility.

(2)

Escape in the first degree is a Class B felony. [1971 c.743 §192]

Notes of Decisions

Legislature did not intend that assault during escape attempt could be punished as both attempted first degree escape and first degree assault. State v. Fitzgerald, 14 Or App 361, 513 P2d 817 (1973)

State is not required to elect between escape and assault charges prior to verdict. State v. Tron, 39 Or App 603, 592 P2d 1094 (1979)

One may not be convicted of both escape in first degree and assault when assault is part and parcel of escape. State v. Wigget, 75 Or App 474, 707 P2d 101 (1985)

Indictment alleging that person other than defendant used physical force while aiding defendant's escape did not allege elements of escape in first degree, but did sufficiently charge escape in third degree. State v. Snow, 77 Or App 317, 713 P2d 611 (1986)

§§ 162.145 to 162.165

Notes of Decisions

Nonviolent flight from an attempted arrest is not criminal and thus evidence was insufficient to sustain escape charge where defendant was convicted of driving under influence of intoxicants and third degree escape. State v. Swanson, 34 Or App 59, 578 P2d 411 (1978)

Chapter 162

Law Review Citations

51 OLR 427-637 (1972)


Source

Last accessed
Jun. 26, 2021