ORS 163.190¹

(1) A person commits the crime of menacing if by word or conduct the person intentionally attempts to place another person in fear of imminent serious physical injury.

(2) Menacing is a Class A misdemeanor. [1971 c.743 §95]

Notes of Decisions

Menacing is not lesser-included of­fense of carrying dangerous weapon with intent to use. State v. Cummings, 33 Or App 265, 576 P2d 36 (1978)

Where defendant, charged with two counts of menacing which arose out of same act, claimed that counts should be tried separately, trial court did not err in trying charges together since charges were so closely related that no relevant evidence was admissible in joint trial that would not have been properly admitted in each separate trial. State v. Elam, 37 Or App 365, 587 P2d 491 (1978)

Under evidence that defendant approached victim’s car brandishing baseball bat and pistol, victim’s testimony was not essential, and it was not error for court to deny mo­tion for judg­ment of acquittal. State v. Lockwood, 43 Or App 639, 603 P2d 1231 (1979)

Where indict­ment alleged that defendant had inten­tionally caused physical injury, but it did not allege that defendant had at­tempted to place an­oth­er in fear of imminent serious physical injury; crime of this sec­tion was not lesser included of­fense of assault in sec­ond de­gree (ORS 163.175 (Assault in the second degree)). State v. Moroney, 289 Or 597, 616 P2d 471 (1980)

That a per­son can at­tempt to place an­oth­er in fear of imminent serious injury through words is only incidental, so this sec­tion does not directly implicate First Amend­ment rights or rights under Article I, Sec­tion 8 of the Oregon Constitu­tion. State v. Anderson, 56 Or App 12, 641 P2d 40 (1982)

Since this sec­tion provides an adequate basis to distinguish between anti-social con­duct which was intended to be prohibited and socially tolerable con­duct which could reasonably have been intended to be subject to crim­i­nal sanc­tion, it is not vague. State v. Anderson, 56 Or App 12, 641 P2d 40 (1982)

Menacing statute crim­i­nalizes the at­tempt to achieve the effect of fear, not a communica­tion itself and thus does not violate sec­tion 8, Article I of the Oregon Constitu­tion. State v. Garcias, 296 Or 688, 679 P2d 1354 (1984)

By pleading guilty to menacing under this sec­tion, peti­tioner “admitted” on record that he used or threatened to use firearm during com­mis­sion of crime. D’Amico v. Peterson, 91 Or App 113, 754 P2d 19 (1988), Sup Ct review denied

Jury does not have to agree unanimously that defendant committed specific act to place victim in fear of imminent physical injury. State v. White, 115 Or App 104, 838 P2d 605 (1992)

Threatened inflic­tion of serious physical injury within few hours is sufficiently near in time to make threatened injury “imminent.” State ex rel Juvenile Dept. v. Dompeling, 171 Or App 692, 17 P3d 535 (2000)

Menacing is not lesser included of­fense of first or sec­ond de­gree robbery. State v. Lee, 174 Or App 119, 23 P3d 999 (2001), 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 (2019) (last ac­cessed May 16, 2020).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2019, Chapter 163, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano163.­html (2019) (last ac­cessed May 16, 2020).
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. Currency Information