Strangulation
Mentioned in
Oregon sheriff criticizes new bail reform policies: Residents want criminals jailed
“For example, strangulation is generally a misdemeanor in Oregon unless it is committed in an act of domestic violence or the victim is under 10 years of age.”
Bibliographic info
Source:
Section 163.187 — Strangulation, https://www.oregonlegislature.gov/bills_laws/ors/ors163.html.
Notes of Decisions
Strangulation is categorical crime of violence for purposes of removability under Immigration and Nationality Act. Flores-Vega v. Barr, 932 F3d 878 (9th Cir. 2019)
Because proving elements of fourth-degree assault does not necessarily prove all elements of strangulation, charges for crimes do not merge. State v. Merrill, 303 Or App 107, 463 P3d 540 (2020), adhered to as modified on other grounds, 309 Or App 68, 481 P3d 441 (2021), Sup Ct review denied
Express text of statute indicates that legislature did not intend consent to be defense to crime of strangulation; accordingly, trial court did not err when court answered, in response to jury question, that “there is no consent or non-consent portion or element to” crime of strangulation. State v. Stone, 324 Or App 688, 527 P3d 800 (2023)
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