ORS 164.415¹
Robbery in the first degree

(1) A person commits the crime of robbery in the first degree if the person violates ORS 164.395 (Robbery in the third degree) and the person:

(a) Is armed with a deadly weapon;

(b) Uses or attempts to use a dangerous weapon; or

(c) Causes or attempts to cause serious physical injury to any person.

(2) Robbery in the first degree is a Class A felony. [1971 c.743 §150; 2007 c.71 §51]

Notes of Decisions

Under former similar statute, if evidence of other crimes tended to prove the com­mis­sion of the crime charged in the indict­ment, the general rule of exclusion had no applica­tion. State v. Fuston, 7 Or App 436, 490 P2d 1024 (1971), Sup Ct review denied

"Theft by receiving" is lesser included of­fense to crime of first de­gree robbery. State v. Boucher, 13 Or App 339, 509 P2d 1228 (1973)

One who is put on notice that he must defend against an allega­tion that he at­tempted to use a deadly weapon has, of necessity, been placed on notice that he must defend against a charge of using a dangerous weapon, since the con­cepts of a "dangerous" weapon is necessarily included in the con­cepts of a "deadly" weapon. State v. Hauson/Hughes, 14 Or App 586, 513 P2d 1202 (1973)

A per­son convicted of first de­gree robbery is not subject to the possibility of an enhanced sen­tence under ORS 166.230. State v. Howe, 26 Or App 743, 554 P2d 605 (1976), Sup Ct review denied

Sentencing order, which clearly indicated that defendant was sen­tenced on first de­gree robbery charge and that first de­gree burglary charge was merged with robbery charge for purpose of sen­ten­cing, was proper. State v. Bruce, 31 Or App 1189, 572 P2d 351 (1977), Sup Ct review denied

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

Defendant's con­vic­­tions for first and sec­ond de­gree robbery were merged where charges involved same victim and con­duct at same time and place. State v. Fickes, 36 Or App 361, 584 P2d 770 (1978)

Where same violent act, striking victim with 2x4 board, was basis for both first de­gree robbery and first de­gree burglary con­vic­­tions, they were merged to extent that same violent act was ele­ment in each, and burglary con­vic­­tion was reduced to sec­ond de­gree. State v. K­line, 37 Or App 899, 588 P2d 675 (1978)

When defendant was charged under this sec­tion it was error to convict under sec­ond de­gree assault (ORS 163.175 (Assault in the second degree)) because every ele­ment of sec­ond de­gree assault was not included in first de­gree robbery under the statutory scheme or the indict­ment. State v. Cartwright, 40 Or App 593, 595 P2d 1289 (1979)

Legislature, in adopting this sec­tion and ORS 164.405 (Robbery in the second degree), intended to continue to permit juries to infer from fact that gun used in robbery was pointed at victim within firing range that it was loaded gun, and such inference does not shift burden of proof to defendant or violate his privilege against self-incrimina­tion. State v. Vance, 285 Or 383, 591 P2d 355 (1979)

Evidence was sufficient for jury on issue of whether defendant threw "molotov cocktail," whether it was dangerous weapon, and whether it was intended to prevent resistance to theft. State v. Clark, 47 Or App 557, 615 P2d 1044 (1980)

Evidence that robber pointed shotgun at victim for brief time and shotgun shells were found with gun, was sufficient to support inference that gun was loaded and therefore a "deadly weapon." State v. Armstrong, 52 Or App 161, 618 P2d 1206 (1981), Sup Ct review denied

Evidence showing that, inter alia: two men walked into store with handkerchiefs over their faces and declared, "this is a robbery, move"; each kept his right hand in his jacket pocket pointing outward, conveying the impression of holding a gun; the victim and an­oth­er witness identified defendant as one of the robbers; and two guns were found in car defendant was driving; was sufficient for ra­tional jury to have concluded defendant was armed with deadly weapon during robbery. State v. Campbell, 56 Or App 527, 642 P2d 346 (1982)

Acts of peti­tioner in robbing store clerk and then robbing customer were separate and reflected choice to carry out two separate crim­i­nal objectives and merging the two robberies for purposes of con­vic­­tion and sen­ten­cing was improper. Rolin v. Cupp, 57 Or App 64, 643 P2d 1310 (1982), Sup Ct review denied

Assault in sec­ond de­gree is not lesser included of­fense of robbery in first or sec­ond de­gree. State v. Taylor, 97 Or App 261, 774 P2d 1121 (1989)

Where there is single victim, robbery by use or at­tempt to use dangerous weapon and robbery by causing or at­tempting serious physical injury define separate crimes that do not merge. State v. Nevarez, 168 Or App 325, 5 P3d 1200 (2000)

Ele­ments of sec­ond de­gree robbery are not necessarily included in ele­ments of first de­gree robbery. State v. Zimmerman, 170 Or App 329, 12 P3d 996 (2000)

Where there is single victim, robbery by use or at­tempt to use deadly weapon and robbery by use or at­tempt to use dangerous weapon define separate crimes that do not merge. State v. Johnson, 174 Or App 27, 25 P3d 353 (2001), Sup Ct review denied

Menacing is not lesser included of­fense of first de­gree robbery. State v. Lee, 174 Or App 119, 23 P3d 999 (2001), Sup Ct review denied

Notes of Decisions

Trial court properly admitted two handguns found in defendant's pos­ses­sion shortly after alleged com­mis­sion of crimes of kidnapping and robbery, where crimes were committed with aid of a handgun. State v. Manning, 39 Or App 279, 591 P2d 1195 (1979)

Chapter 164

Law Review Cita­tions

51 OLR 427-637 (1972)

1 Legislative Counsel Committee, CHAPTER 164—Offenses Against Property, https://­www.­oregonlegislature.­gov/­bills_laws/­Archive/­2007ors164.­pdf (2007) (last ac­cessed Feb. 12, 2009).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2007, Chapter 164, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­164ano.­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