Bias crime in the second degree
Source:
Section 166.155 — Bias crime in the second degree, https://www.oregonlegislature.gov/bills_laws/ors/ors166.html.
Notes of Decisions
It is constitutionally permissible to punish otherwise criminal conduct more severely when it is motivated by racial, ethnic or religious hatred than when it is motivated by individual animosity. State v. Beebe, 67 Or App 738, 680 P2d 11 (1984), Sup Ct review denied
Where defendant and another were charged and jointly tried for intimidation in first degree and other person was acquitted, defendant could be convicted and sentenced only for intimidation in second degree. State v. Martin, 109 Or App 483, 818 P2d 1301 (1991)
Without element of intent, there is no violation of this section and, consequently, plaintiff’s claim under ORS 30.198 for defendant’s violation of this section fails as matter of law. Clark v. Safeway, Inc., 478 F. Supp. 3d 1080 (D. Or. 2020)
Law Review Citations
18 WLR 197 (1982); 28 WLR 455 (1992); 71 OLR 689 (1992); 72 OLR 157 (1993)
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