Offenses Against Persons

ORS 163.195
Recklessly endangering another person


(1)

A person commits the crime of recklessly endangering another person if the person recklessly engages in conduct which creates a substantial risk of serious physical injury to another person.

(2)

Recklessly endangering another person is a Class A misdemeanor. [1971 c.743 §96]

Notes of Decisions

One cannot "attempt" a crime involving an element of recklessness. State v. Smith, 21 Or App 270, 534 P2d 1180 (1975), Sup Ct review denied

Action alleging that employer racketeering activity caused nondeliberate injury to employee acting within course and scope of employment is barred by exclusivity of workers' compensation remedy. Kilminster v. Day Management Corp., 323 Or 618, 919 P2d 474 (1996)

Risk of injury "to another person" does not require that anyone actually be present within danger area. State v. Harbert, 155 Or App 137, 963 P2d 710 (1998), Sup Ct review denied

Conduct creating "substantial risk" need not actually expose others to harm. State v. Mojarro-Sandoval, 208 Or App 178, 144 P3d 996 (2006)

Being must be legally classifiable as "person" at moment that defendant commits act that creates possibility of serious physical injury. State v. Cervantes, 232 Or App 567, 223 P3d 425 (2009)

§§ 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