ORS 163.185
Assault in the first degree


(1)

A person commits the crime of assault in the first degree if the person:

(a)

Intentionally causes serious physical injury to another by means of a deadly or dangerous weapon;

(b)

Intentionally or knowingly causes serious physical injury to a child under six years of age;

(c)

Violates ORS 163.175 (Assault in the second degree) knowing that the victim is pregnant; or

(d)

Intentionally, knowingly or recklessly causes serious physical injury to another while operating a motor vehicle under the influence of intoxicants in violation of ORS 813.010 (Driving under the influence of intoxicants) and:

(A)

In the 10 years prior to the date of the current offense the person has been convicted of at least three of any of the following offenses in any combination:
(i)
Driving under the influence of intoxicants in violation of ORS 813.010 (Driving under the influence of intoxicants), or its statutory counterpart in another jurisdiction;
(ii)
A driving under the influence of intoxicants offense in another jurisdiction that involved the impaired driving or operation of a vehicle, an aircraft or a boat due to the use of intoxicating liquor, cannabis, a controlled substance, an inhalant or any combination thereof; or
(iii)
An offense in another jurisdiction that involved driving or operating a vehicle, an aircraft or a boat while having a blood alcohol content above that jurisdiction’s permissible blood alcohol content; or

(B)

Intentionally left blank —Ed.
(i)
The person has a previous conviction for any of the crimes described in subsection (2) of this section, or their statutory counterparts in any jurisdiction; and
(ii)
The victim’s death or serious physical injury in the previous conviction was caused by the person driving a motor vehicle.

(2)

The previous convictions to which subsection (1)(d)(B) of this section apply are:

(a)

Manslaughter in the first degree under ORS 163.118 (Manslaughter in the first degree);

(b)

Manslaughter in the second degree under ORS 163.125 (Manslaughter in the second degree);

(c)

Criminally negligent homicide under ORS 163.145 (Criminally negligent homicide);

(d)

Assault in the first degree under this section;

(e)

Assault in the second degree under ORS 163.175 (Assault in the second degree); or

(f)

Assault in the third degree under ORS 163.165 (Assault in the third degree).

(3)

Assault in the first degree is a Class A felony.

(4)

It is an affirmative defense to a prosecution under subsection (1)(d)(B) of this section that the defendant was not under the influence of intoxicants at the time of the conduct that resulted in the previous conviction. [1971 c.743 §94; 1975 c.626 §2; 1977 c.297 §1; 2005 c.513 §1; 2007 c.867 §3; 2009 c.785 §2; 2021 c.480 §5]

Source: Section 163.185 — Assault in the first degree, https://www.­oregonlegislature.­gov/bills_laws/ors/ors163.­html.

Notes of Decisions

Under former similar statute (ORS 163.280)

If evidence of other crimes tends to prove the commission of the crime charged in the indictment, the general rule of exclusion has no application. State v. Walsh, 6 Or App 346, 487 P2d 1401 (1971); State v. Fuston, 7 Or App 436, 490 P2d 1024 (1971), Sup Ct review denied

The intent to collect or secure a debt, if under a bona fide belief that the taker was entitled to possession of the property, negated the requisite animus furandi element in robbery. State v. Trujillo, 7 Or App 236, 489 P2d 977 (1971), Sup Ct review denied

The defense of collecting money owed was not available when more than was believed due was taken. State v. Trujillo, 7 Or App 236, 489 P2d 977 (1971), Sup Ct review denied

In general

Legislature did not intend that assault during escape attempt could be punished as both attempted first degree escape and first degree assault. State v. Fitzgerald, 14 Or App 361, 513 P2d 817 (1973)

Where indictment charged defendant under this section with placing child in scalding hot water, indictment was deemed to also charge defendant with lesser-included offense of second degree assault. State v. Jacobs, 34 Or App 755, 579 P2d 881 (1978), Sup Ct review denied

Where defendant stabbed victim, leaving chest wound which required exploratory surgery to determine whether damage had been done to vital organ and surgery determined that it had not, defendant was found not to have caused serious physical injury within meaning of this section. State v. Moyer, 37 Or App 477, 587 P2d 1054 (1978)

Instruction that state could prove defendant guilty under this section if it proved “intent by defendant to injure” without discussing intent to cause serious physical injury, as required by this section, was erroneous. State v. Peacock, 75 Or App 217, 706 P2d 982 (1985)

COMPLETED CITATIONS: State v. Moore, 4 Or App 548, 480 P2d 458 (1971), Sup Ct review denied; State v. Zimmerlee, 5 Or App 253, 483 P2d 111 (1971), rev’d 261 Or 49, 492 P2d 795 (1972); State v. Howard, 6 Or App 230, 486 P2d 1301 (1971), Sup Ct review denied; State v. Atkison, 6 Or App 68, 485 P2d 1117 (1971), Sup Ct review denied

163.005
Criminal homicide
163.095
“Aggravated murder” defined
163.105
Sentencing options for aggravated murder
163.107
Murder in the first degree
163.109
Alternative proof of certain victims of murder in the first degree
163.111
Pleading, proof and stipulation regarding previous conviction element in prosecution for murder in the first degree
163.115
Murder in the second degree
163.117
Causing or aiding suicide as defense to charge of murder
163.118
Manslaughter in the first degree
163.125
Manslaughter in the second degree
163.135
Extreme emotional disturbance as affirmative defense to murder in the second degree
163.145
Criminally negligent homicide
163.147
Crime category classification for manslaughter in the second degree and criminally negligent homicide
163.149
Aggravated vehicular homicide
163.150
Sentencing for aggravated murder
163.155
Sentencing for murder of pregnant victim
163.160
Assault in the fourth degree
163.165
Assault in the third degree
163.168
Crime category classification for assault in the third degree
163.175
Assault in the second degree
163.185
Assault in the first degree
163.187
Strangulation
163.190
Menacing
163.191
Intimidation by display of a noose
163.192
Endangering a person protected by a Family Abuse Prevention Act restraining order
163.193
Assisting another person to commit suicide
163.195
Recklessly endangering another person
163.196
Aggravated driving while suspended or revoked
163.197
Hazing
163.200
Criminal mistreatment in the second degree
163.205
Criminal mistreatment in the first degree
163.206
Exceptions to criminal mistreatment
163.207
Female genital mutilation
163.208
Assaulting a public safety officer
163.211
Definitions for ORS 163.211 to 163.213
163.212
Unlawful use of an electrical stun gun, tear gas or mace in the second degree
163.213
Unlawful use of an electrical stun gun, tear gas or mace in the first degree
163.215
Definitions for ORS 163.215 to 163.257
163.225
Kidnapping in the second degree
163.235
Kidnapping in the first degree
163.245
Custodial interference in the second degree
163.257
Custodial interference in the first degree
163.261
Definitions for ORS 163.263 and 163.264
163.263
Subjecting another person to involuntary servitude in the second degree
163.264
Subjecting another person to involuntary servitude in the first degree
163.266
Trafficking in persons
163.269
Victim assertion of defense of duress
163.275
Coercion
163.285
Defense to coercion
163.305
Definitions
163.315
Incapacity to consent
163.325
Ignorance or mistake as a defense
163.345
Age as a defense in certain cases
163.355
Rape in the third degree
163.365
Rape in the second degree
163.375
Rape in the first degree
163.385
Sodomy in the third degree
163.395
Sodomy in the second degree
163.405
Sodomy in the first degree
163.408
Unlawful sexual penetration in the second degree
163.411
Unlawful sexual penetration in the first degree
163.412
Exceptions to unlawful sexual penetration prohibition
163.413
Purchasing sex with a minor
163.415
Sexual abuse in the third degree
163.425
Sexual abuse in the second degree
163.426
Crime category classification for sexual abuse in the second degree
163.427
Sexual abuse in the first degree
163.431
Definitions for ORS 163.431 to 163.434
163.432
Online sexual corruption of a child in the second degree
163.433
Online sexual corruption of a child in the first degree
163.434
Provisions applicable to online sexual corruption of a child
163.435
Contributing to the sexual delinquency of a minor
163.445
Sexual misconduct
163.448
Definitions for ORS 163.452 and 163.454
163.452
Custodial sexual misconduct in the first degree
163.454
Custodial sexual misconduct in the second degree
163.465
Public indecency
163.466
Classification of felony public indecency
163.467
Private indecency
163.472
Unlawful dissemination of an intimate image
163.476
Unlawfully being in a location where children regularly congregate
163.479
Unlawful contact with a child
163.505
Definitions for certain provisions of ORS 163.505 to 163.575
163.515
Bigamy
163.525
Incest
163.535
Abandonment of a child
163.537
Buying or selling a person under 18 years of age
163.545
Child neglect in the second degree
163.547
Child neglect in the first degree
163.555
Criminal nonsupport
163.565
Evidence of parentage
163.575
Endangering the welfare of a minor
163.577
Failing to supervise a child
163.580
Display of sign concerning sale of smoking devices
163.665
Definitions
163.670
Using child in display of sexually explicit conduct
163.676
Exemption from prosecution under ORS 163.684
163.682
Exceptions to ORS 163.665 to 163.693
163.684
Encouraging child sexual abuse in the first degree
163.686
Encouraging child sexual abuse in the second degree
163.687
Encouraging child sexual abuse in the third degree
163.688
Possession of materials depicting sexually explicit conduct of a child in the first degree
163.689
Possession of materials depicting sexually explicit conduct of a child in the second degree
163.690
Lack of knowledge of age of child as affirmative defense
163.693
Failure to report child pornography
163.700
Invasion of personal privacy in the second degree
163.701
Invasion of personal privacy in the first degree
163.702
Exceptions to ORS 163.700 and 163.701
163.705
Polygraph examination of victims in certain criminal cases prohibited
163.707
Forfeiture of motor vehicle used in drive-by shooting
163.709
Unlawful directing of light from a laser pointer
163.715
Unlawful use of a global positioning system device
163.730
Definitions for ORS 30.866 and 163.730 to 163.750
163.732
Stalking
163.735
Citation
163.738
Effect of citation
163.741
Service of stalking protective order
163.744
Initiation of action seeking citation
163.750
Violating a court’s stalking protective order
163.753
Immunity of officer acting in good faith
163.755
Conduct for which stalking protective order may not be issued
163.760
Definitions for ORS 163.760 to 163.777
163.763
Petition to circuit court for relief
163.765
Restraining order
163.767
Hearing
163.770
Appearance by telephone or electronic communication device
163.773
Enforcement of restraining order
163.775
Renewal and modification of restraining order
163.777
Fees or undertaking may not be required
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