Offenses Against Persons

ORS 163.208
Assaulting a public safety officer

(1)

A person commits the crime of assaulting a public safety officer if the person intentionally or knowingly causes physical injury to the other person, knowing the other person to be a peace officer, corrections officer, youth correction officer, parole and probation officer, animal control officer, firefighter or staff member, and while the other person is acting in the course of official duty.

(2)

Assaulting a public safety officer is a Class C felony.
(3)(a) Except as otherwise provided in paragraph (b) of this subsection, a person convicted under this section shall be sentenced to not less than seven days of imprisonment and shall not be granted bench parole or suspension of sentence nor released on a sentence of probation before serving at least seven days of the sentence of confinement.

(b)

A person convicted under this section shall be sentenced to not less than 14 days of imprisonment and shall not be granted bench parole or suspension of sentence nor released on a sentence of probation before serving at least 14 days of the sentence of confinement if the victim is a peace officer.

(4)

As used in this section:

(a)

“Animal control officer” has the meaning given that term in ORS 609.500 (Definitions for ORS 609); and

(b)

“Staff member” means:

(A)

A corrections officer as defined in ORS 181A.355 (Definitions for ORS 181A), a youth correction officer, 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 or adjudicated youths; 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 or adjudicated youths. [1981 c.783 §2; 1993 c.14 §21; 1993 c.358 §1; 1995 c.651 §4; 1999 c.1040 §14; 2001 c.104 §51; 2001 c.828 §1; 2003 c.327 §1; 2019 c.213 §120; 2021 c.489 §12]

Notes of Decisions

“Corrections officer” means person supervising or controlling confined individuals, not juvenile parole officer. Haynes v. State of Oregon, 121 Or App 395, 854 P2d 949 (1993); State v. Tate, 223 Or App 636, 196 P3d 1033 (2008), aff’d 347 Or 318, 220 P3d 1176 (2009)

Source

Last accessed
Mar. 11, 2023

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