ORS 163.195¹
Recklessly endangering another person

(1) A person commits the crime of recklessly endangering another person if the person recklessly engages in conduct which creates a substantial risk of serious physical injury to another person.

(2) Recklessly endangering another person is a Class A misdemeanor. [1971 c.743 §96]

Notes of Decisions

One cannot “at­tempt” a crime involving an ele­ment of recklessness. State v. Smith, 21 Or App 270, 534 P2d 1180 (1975), Sup Ct review denied

Ac­tion alleging that employer rack­et­eering ac­tivity caused nondeliberate injury to employee acting within course and scope of employ­ment is barred by exclusivity of workers’ compensa­tion remedy. Kilminster v. Day Manage­ment Corp., 323 Or 618, 919 P2d 474 (1996)

Risk of injury “to an­oth­er per­son” does not require that anyone actually be present within danger area. State v. Harbert, 155 Or App 137, 963 P2d 710 (1998), Sup Ct review denied

Conduct creating “substantial risk” need not actually expose others to harm. State v. Mojarro-Sandoval, 208 Or App 178, 144 P3d 996 (2006)

Being must be legally classifiable as “per­son” at mo­ment that defendant commits act that creates possibility of serious physical injury. State v. Cervantes, 232 Or App 567, 223 P3d 425 (2009)

§§ 163.165 (Assault in the third degree) to 163.195 (Recklessly endangering another person)

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