ORS 163.185¹
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; or

(c) 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) The person has at least three previous convictions for driving while under the influence of intoxicants under ORS 813.010 (Driving under the influence of intoxicants), or its statutory counterpart in any jurisdiction, in the 10 years prior to the date of the current offense; or

(B)(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)(c)(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)(c)(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]

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

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)

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1 Legislative Counsel Committee, CHAPTER 163—Offenses Against Persons, https://­www.­oregonlegislature.­gov/­bills_laws/­Archive/­2007ors163.­pdf (2007) (last ac­cessed Feb. 12, 2009).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2007, Chapter 163, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­163ano.­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