ORS 162.165¹
Escape in the first degree

(1) A person commits the crime of escape in the first degree if:

(a) Aided by another person actually present, the person uses or threatens to use physical force in escaping from custody or a correctional facility; or

(b) The person uses or threatens to use a dangerous or deadly weapon escaping from custody or a correctional facility.

(2) Escape in the first degree is a Class B felony. [1971 c.743 §192]

Notes of Decisions

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)

State is not re­quired to elect between escape and assault charges prior to verdict. State v. Tron, 39 Or App 603, 592 P2d 1094 (1979)

One may not be convicted of both escape in first de­gree and assault when assault is part and parcel of escape. State v. Wigget, 75 Or App 474, 707 P2d 101 (1985)

Indict­ment alleging that per­son other than defendant used physical force while aiding defendant's escape did not allege ele­ments of escape in first de­gree, but did sufficiently charge escape in third de­gree. State v. Snow, 77 Or App 317, 713 P2d 611 (1986)

Notes of Decisions

Nonviolent flight from an at­tempted arrest is not crim­i­nal and thus evidence was insufficient to sustain escape charge where defendant was convicted of driving under influence of intoxicants and third de­gree escape. State v. Swanson, 34 Or App 59, 578 P2d 411 (1978)

Chapter 162

Law Review Cita­tions

51 OLR 427-637 (1972)

1 Legislative Counsel Committee, CHAPTER 162—Offenses Against the State and Public Justice, https://­www.­oregonlegislature.­gov/­bills_laws/­Archive/­2007ors162.­pdf (2007) (last ac­cessed Feb. 12, 2009).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2007, Chapter 162, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­162ano.­htm (2007) (last ac­cessed Feb. 12, 2009).
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