2015 ORS 163.165¹
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; or

(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.

(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) "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, inmates, 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, inmates, youth or youth offenders.

(b) "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]

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

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)


1 Legislative Counsel Committee, CHAPTER 163—Offenses Against Persons, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors163.­html (2015) (last ac­cessed Jul. 16, 2016).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2015, Chapter 163, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano163.­html (2015) (last ac­cessed Jul. 16, 2016).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.