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Oregon Revised Statutes

Or. Rev. Stat. § 162.165 (2026)

Escape in the first degree

✓ current as of May 2026
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      162.165 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
Cited in 26 cases (5 in the last 5 years), 1973–2026 · leading case: State v. Isom, 837 P.2d 491 (Or. 1992).
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State v. Isom, 837 P.2d 491 (Or. 1992). · cites it 4× “Defendant first contends that the aggravated murder statute would not apply to a single prisoner who, while escaping from a correctional facility, encounters an ordinary citizen and kills him with his bare hands.”
State v. Lonergan, 176 P.3d 374 (Or. 2008). · cites it 2× “155 (defining escape in the second degree); ORS 162.165 (defining escape in the first degree).”
State v. Allred, 995 P.2d 1210 (Or. Ct. App. 2000). · cites it 2× “145 to ORS 162.165 (escape); ORS 162.375 (initiating a false report).”
State v. Fitzgerald, 513 P.2d 817 (Or. Ct. App. 1973). · cites it 3× “Defendant was charged with attempted escape in the first degree, ORS 162.165, ① ORS 161.405, ② and assault in the first degree, ORS 163.”
State v. Girard, 578 P.2d 415 (Or. Ct. App. 1978). · cites it 2× “Pertinent parts of ORS 162.165 provide: "(1) A person commits the crime of escape in the first degree if: "(a) Aided by another person actually present, he uses or threatens to use physical force in escaping from custody * * ORS 162.”
State v. Wigget, 707 P.2d 101 (Or. Ct. App. 1985). · cites it 2× “540, escape in the first degree, ORS 162.165, and assault in the fourth degree.”
State v. Larsen, 606 P.2d 1159 (Or. Ct. App. 1980). “Escape in the first egree, however, which may involve the use of a angerous or deadly weapon to escape from custody or correctional facility, ORS 162.165(l)(b), carries a íaximum penalty of only 10 years’ imprisonment.”
State v. Goin, 556 P.3d 663 (Or. Ct. App. 2024). “Defendant appeals a judgment of conviction for escape in the first degree, ORS 162.165, robbery in the first degree, ORS 164.”
State v. Seamons, 13 P.3d 573 (Or. Ct. App. 2000). “046, and third-degree escape, ORS 162.165. He assigns error to the trial court’s refusal to permit him to present a choice of evils defense and to the court’s failure to exclude evidence of a prior conviction.”
State v. Tron, 592 P.2d 1094 (Or. Ct. App. 1979). “Defendant was charged by information with escape in the first degree (ORS 162.165), assault in the second degree (ORS 163.”
State Ex Rel. Juv. Dep't v. Stout, 811 P.2d 660 (Or. Ct. App. 1991). · cites it 5× “315; ORS 162.165. He argues that he was not under “arrest” for purposes of the statutes defining those offenses and that there was insufficient evidence to support the court’s finding that he committed those offenses.”
State v. Girard, 548 P.2d 505 (Or. Ct. App. 1976). “175, and escape in the first degree, ORS 162.165.”
Show all 26 citing cases →
— Or. Rev. Stat. § 162.165(1) — 2 cases
State v. Isom, 837 P.2d 491 (Or. 1992). “Defendant first contends that the aggravated murder statute would not apply to a single prisoner who, while escaping from a correctional facility, encounters an ordinary citizen and kills him with his bare hands.”
State v. Wier, 540 P.2d 394 (Or. Ct. App. 1975).
— Or. Rev. Stat. § 162.165(1)(a) — 2 cases
State v. Williams, 374 Or. 648 (Or. 2025).
State v. Williams, 374 Or. 648 (Or. 2025).
— Or. Rev. Stat. § 162.165(1)(b) — 1 case
State v. Hancock, 653 P.2d 1304 (Or. Ct. App. 1982).
— Or. Rev. Stat. § 162.165(l)(a) — 2 cases
State v. Girard, 578 P.2d 415 (Or. Ct. App. 1978). “Pertinent parts of ORS 162.165 provide: "(1) A person commits the crime of escape in the first degree if: "(a) Aided by another person actually present, he uses or threatens to use physical force in escaping from custody * * ORS 162.”
State Ex Rel. Juv. Dep't v. Stout, 811 P.2d 660 (Or. Ct. App. 1991). “315; ORS 162.165. He argues that he was not under “arrest” for purposes of the statutes defining those offenses and that there was insufficient evidence to support the court’s finding that he committed those offenses.”
— Or. Rev. Stat. § 162.165(l)(b) — 1 case
State v. Larsen, 606 P.2d 1159 (Or. Ct. App. 1980). “Escape in the first egree, however, which may involve the use of a angerous or deadly weapon to escape from custody or correctional facility, ORS 162.165(l)(b), carries a íaximum penalty of only 10 years’ imprisonment.”
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