ORS 162.165 - Escape in the first degree

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)

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Offenses Against the State and Public Justice

ORS 162.165
Escape in the first degree

(1)

(a)

(b)

(2)

Notes of Decisions

Source

Offenses Against the State and Public Justice

ORS 162.165 Escape in the first degree

(1)

(a)

(b)

(2)

Notes of Decisions

Source

ORS 162.165
Escape in the first degree