Offenses Against Persons

ORS 163.165
Assault in the third degree


(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 ORS 166.116 (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;

(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; or

(j)

Intentionally, knowingly or recklessly causes physical injury to a flagger or a highway worker while the flagger or highway worker is performing official duties.

(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)

“Flagger” has the meaning given that term in ORS 811.230 (Definitions).

(b)

“Highway worker” has the meaning given that term in ORS 811.230 (Definitions).

(c)

“Staff member” means:

(A)

A corrections officer as defined in ORS 181A.355 (Definitions for ORS 181A.355 to 181A.670), 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, adults in custody, 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, adults in custody, youth or youth offenders.

(d)

“Youth correction facility” has the meaning given that term in ORS 162.135 (Definitions for ORS 162.135 to 162.205). [1971 c.743 §92; 1977 c.297 §3; 1991 c.475 §1; 1991 c.564 §1; 1995 c.738 §1; 1997 c.249 §49; 1999 c.1011 §1; 2001 c.104 §50; 2001 c.830 §1; 2001 c.851 §4; 2009 c.660 §39; 2009 c.783 §3; 2011 c.529 §1; 2011 c.703 §27; 2017 c.658 §1; 2019 c.213 §119]

Notes of Decisions

Automobile passenger injured by reckless operation of vehicle can be injured "by means of" dangerous weapon within meaning of this section, regardless of fact that automobile is incapable of being directed at its passenger. State v. Hill, 298 Or 270, 692 P2d 100 (1984)

Third degree assault is not lesser included offense to second degree assault. State v. McNair, 179 Or App 308, 39 P3d 284 (2002)

Defendant aided by another person actually present "causes" physical injury to another only if defendant personally inflicts physical injury or defendant personally engages in conduct extensively intertwined with infliction of injury. State v. Pine, 336 Or 194, 82 P3d 130 (2003)

Where defendant's reckless conduct directly causes injury, victim's participation in reckless conduct does not excuse defendant from criminal responsibility. State v. Murray, 343 Or 48, 162 P3d 255 (2007); State v. Turnidge (S059155), 359 Or 364, 374 P3d 853 (2016)

Person actually present who aids third-degree assault may not be found guilty of third-degree assault under aiding and abetting theory. State v. Merida-Medina, 221 Or App 614, 191 P3d 708 (2008), Sup Ct review denied

For purposes of this section, person who verbally encourages person while being physically present aids person. State v. Hesedahl, 247 Or App 285, 269 P3d 90 (2011), Sup Ct review denied

Where defendant helped four assailants plan assault on victim and recorded assault on smart phone for dissemination on internet, defendant is criminally liable for assault in third degree as accomplice who aided and abetted assailants. State v. Ryder, 267 Or App 150, 340 P3d 663 (2014), Sup Ct review denied

Emergency room nurse not included in definition of "emergency medical services provider" as potential victim under this section. State v. Bales, 289 Or App 470, 410 P3d 1088 (2017)

§§ 163.165 to 163.195

Notes of Decisions

Where state relied on precisely same act to establish "use-physical-force" element of robbery and "cause-physical-injury" element of assault, defendant's assault conviction merged into robbery conviction. State v. Steele, 33 Or App 491, 577 P2d 524 (1978), Sup Ct review denied

Law Review Citations

51 OLR 429, 432, 482-486 (1972)

Chapter 163

Law Review Citations

51 OLR 427-637 (1972)


Source

Last accessed
Jun. 26, 2021