Oregon Revised Statutes

Or. Rev. Stat. § 163.165 (2026)

Assault in the third degree

✓ current as of May 2026

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163.165 Assault in the third degree. (1) A person commits the crime of assault in the third degree if the person:

(a) Recklessly causes serious physical injury to another by means of a deadly or dangerous weapon;

(b) Recklessly causes serious physical injury to another under circumstances manifesting extreme indifference to the value of human life;

(c) Recklessly causes physical injury to another by means of a deadly or dangerous weapon under circumstances manifesting extreme indifference to the value of human life;

(d) Intentionally, knowingly or recklessly causes, by means other than a motor vehicle, physical injury to the operator of a public transit vehicle while the operator is in control of or operating the vehicle. As used in this paragraph, “public transit vehicle” has the meaning given that term in ORS 166.116;

(e) While being aided by another person actually present, intentionally or knowingly causes physical injury to another;

(f) While committed to a youth correction facility, intentionally or knowingly causes physical injury to another knowing the other person is a staff member while the other person is acting in the course of official duty;

(g) Intentionally, knowingly or recklessly causes physical injury to an emergency medical services provider, as defined in ORS 682.025, while the emergency medical services provider is performing official duties;

(h) Being at least 18 years of age, intentionally or knowingly causes physical injury to a child 10 years of age or younger;

(i) Intentionally, knowingly or recklessly causes, by means other than a motor vehicle, physical injury to the operator of a taxi while the operator is in control of the taxi; or

(j) Intentionally, knowingly or recklessly causes physical injury to a flagger or a highway worker while the flagger or highway worker is performing official duties.

(2)(a) Assault in the third degree is a Class C felony.

(b) Notwithstanding paragraph (a) of this subsection, assault in the third degree under subsection (1)(a) or (b) of this section is a Class B felony if:

(A) The assault resulted from the operation of a motor vehicle; and

(B) The defendant was the driver of the motor vehicle and was driving while under the influence of intoxicants.

(3) As used in this section:

(a) “Flagger” has the meaning given that term in ORS 811.230.

(b) “Highway worker” has the meaning given that term in ORS 811.230.

(A) A corrections officer as defined in ORS 181A.355, a youth correction officer, a youth correction facility staff member, a Department of Corrections or Oregon Youth Authority staff member or a person employed pursuant to a contract with the department or youth authority to work with, or in the vicinity of, adults in custody, youths or adjudicated youths; and

(B) A volunteer authorized by the department, youth authority or other entity in charge of a corrections facility to work with, or in the vicinity of, adults in custody, youths or adjudicated youths.

(d) “Youth correction facility” has the meaning given that term in ORS 162.135. [1971 c.743 §92; 1977 c.297 §3; 1991 c.475 §1; 1991 c.564 §1; 1995 c.738 §1; 1997 c.249 §49; 1999 c.1011 §1; 2001 c.104 §50; 2001 c.830 §1; 2001 c.851 §4; 2009 c.660 §39; 2009 c.783 §3; 2011 c.529 §1; 2011 c.703 §27; 2017 c.658 §1; 2019 c.213 §119; 2021 c.489 §11]

Notes of Decisions

Cited in 246 cases (66 in the last 5 years), 1972–2026 · leading case: State v. Pine, 82 P.3d 130 (Or. 2003).

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State v. Pine, 82 P.3d 130 (Or. 2003). · cites it 52× “ORS 163.165(1) provides, in part: “A person commits the crime of assault in the third degree if the person: % * * ns “(e) While being aided by another person actually present, intentionally or knowingly causes physical injury to another [.”

State v. Giron-Cortez, 557 P.3d 505 (Or. 2024). · cites it 25× “ORS 163.165 defines the crime of third-degree assault and, as pertinent here, specifies three ways to com- mit that offense with a “reckless” mental state: “A person commits the crime of assault in the third degree if the person: “(a) Recklessly causes serious physical injury to…”

State v. Pine, 45 P.3d 151 (Or. Ct. App. 2002). · cites it 82× “Defendant appeals from a judgment of conviction for assault in the third degree (assault III), ORS 163.165, and assigns error to the trial court's instruction to the jury that it could convict defendant of assault III if it found that he had "aided another who was actually…”

State v. Phillips, 317 P.3d 236 (Or. 2013). · cites it 22× “1 ORS 163.165(1) specifies nine ways in which a person can commit third-degree assault.”

State v. Pemberton, 203 P.3d 326 (Or. Ct. App. 2009). · cites it 32× “Defendant appeals a judgment of conviction on two counts of assault in the third degree under ORS 163.165. [1] That statute provides that a person commits the crime of assault in the third degree if the person "(1)(i) Knowing the other person is a staff member [at a correctional…”

State v. McNair, 39 P.3d 284 (Or. Ct. App. 2002). · cites it 26× “ORS 163.165.” This court further said that “[ajssault in the third degree is a [lesser-included] offense of the crime of assault in the second degree charged in the accusatory instrument in this case.”

United States v. Dunlap, 162 F. Supp. 3d 1106 (D. Or. 2016). · cites it 12× “The parties do not dispute that ORS 163.165(1) is divisible. Accordingly, the court may apply the modified categorical approach, which permits the sentencing court to examine certain documents related specifically to Defendant’s conviction, such as indictments or plea agreements.”

State v. McKinney/Shiffer, 505 P.3d 946 (Or. 2022). · cites it 3× “Defendant McKinney was charged in an unrelated matter with third-degree assault, ORS 163.165(1)(h), and the jury considered the lesser-included offense of fourth- degree assault under ORS 163.”

State v. Wiltse, 373 Or. 1 (Or. 2024). · cites it 3× “In this criminal case, defendant appealed the trial court’s judgment convicting him of third-degree assault under ORS 163.165(1)(a). Defendant asserted that the trial court had erred by giving a special jury instruction that the state had requested.”

State v. Murray, 162 P.3d 255 (Or. 2007). · cites it 11× “Assault in the third degree is defined in ORS 163.165. That statute provides, in part: “(1) A person commits the crime of assault in the third degree if the person: “(a) Recklessly causes serious physical injury to another by means of a deadly or dangerous weapon.”

United States v. Leland Schneider, 905 F.3d 1088 (8th Cir. 2018). · cites it 3× “Code § 13A-6-22(b) (defining simple assault as a misdemeanor); Or. Rev. Stat. Ann. § 163.165 (2)(a) (defining aggravated assault as a felony); Or.”

State v. Gutierrez-Medina, 442 P.3d 183 (Or. 2019). · cites it 7× “As part of his plea of *188 guilty to assault in the third degree, ORS 163.165(1)(a), defendant admitted that he "recklessly caused serious physical injury to [the victim] by means of a motor vehicle, a dangerous weapon, which [he] drove on a public road under the influence of…”

Show all 246 citing cases →

— Or. Rev. Stat. § 163.165(1) — 15 cases

State v. Pine, 82 P.3d 130 (Or. 2003). “ORS 163.165(1) provides, in part: “A person commits the crime of assault in the third degree if the person: % * * ns “(e) While being aided by another person actually present, intentionally or knowingly causes physical injury to another [.”

United States v. Dunlap, 162 F. Supp. 3d 1106 (D. Or. 2016). “The parties do not dispute that ORS 163.165(1) is divisible. Accordingly, the court may apply the modified categorical approach, which permits the sentencing court to examine certain documents related specifically to Defendant’s conviction, such as indictments or plea agreements.”

State v. Phillips, 317 P.3d 236 (Or. 2013). “1 ORS 163.165(1) specifies nine ways in which a person can commit third-degree assault.”

State v. Pine, 45 P.3d 151 (Or. Ct. App. 2002). “Defendant appeals from a judgment of conviction for assault in the third degree (assault III), ORS 163.165, and assigns error to the trial court's instruction to the jury that it could convict defendant of assault III if it found that he had "aided another who was actually…”

State v. Morgan, 388 P.3d 1085 (Or. 2017).

— Or. Rev. Stat. § 163.165(1)(a) — 17 cases

State v. Wiltse, 373 Or. 1 (Or. 2024). “In this criminal case, defendant appealed the trial court’s judgment convicting him of third-degree assault under ORS 163.165(1)(a). Defendant asserted that the trial court had erred by giving a special jury instruction that the state had requested.”

State v. Gutierrez-Medina, 442 P.3d 183 (Or. 2019). “As part of his plea of *188 guilty to assault in the third degree, ORS 163.165(1)(a), defendant admitted that he "recklessly caused serious physical injury to [the victim] by means of a motor vehicle, a dangerous weapon, which [he] drove on a public road under the influence of…”

State v. McNair, 39 P.3d 284 (Or. Ct. App. 2002). “ORS 163.165.” This court further said that “[ajssault in the third degree is a [lesser-included] offense of the crime of assault in the second degree charged in the accusatory instrument in this case.”

State v. Stone, 536 P.3d 1094 (Or. Ct. App. 2023).

State v. Cook, 989 P.2d 474 (Or. Ct. App. 1999).

— Or. Rev. Stat. § 163.165(1)(b) — 6 cases

State v. Giron-Cortez, 557 P.3d 505 (Or. 2024). “ORS 163.165 defines the crime of third-degree assault and, as pertinent here, specifies three ways to com- mit that offense with a “reckless” mental state: “A person commits the crime of assault in the third degree if the person: “(a) Recklessly causes serious physical injury to…”

State v. Wendt, 432 P.3d 367 (Or. Ct. App. 2018).

State v. Pachmayr, 162 P.3d 347 (Or. Ct. App. 2007).

State v. Autele, 323 Or. App. 594 (Or. Ct. App. 2023).

— Or. Rev. Stat. § 163.165(1)(c) — 6 cases

State v. Giron-Cortez, 519 P.3d 879 (Or. Ct. App. 2022).

State v. Ruiz (Or. Ct. App. 2024).

— Or. Rev. Stat. § 163.165(1)(d) — 1 case

— Or. Rev. Stat. § 163.165(1)(e) — 20 cases

State v. Morgan, 388 P.3d 1085 (Or. 2017).

State v. Butterfield, 549 P.3d 545 (Or. Ct. App. 2024).

State v. Rennells, 162 P.3d 1006 (Or. Ct. App. 2007).

Wallach v. Allstate Ins., 180 P.3d 19 (Or. 2008).

— Or. Rev. Stat. § 163.165(1)(g) — 1 case

State v. Bales, 410 P.3d 1088 (Or. Ct. App. 2017).

— Or. Rev. Stat. § 163.165(1)(h) — 12 cases

State v. McKinney/Shiffer, 505 P.3d 946 (Or. 2022). “Defendant McKinney was charged in an unrelated matter with third-degree assault, ORS 163.165(1)(h), and the jury considered the lesser-included offense of fourth- degree assault under ORS 163.”

State Ex Rel. Juv. Dept. v. Fitch, 84 P.3d 190 (Or. Ct. App. 2004).

State v. Roberts, 427 P.3d 1130 (Or. Ct. App. 2018).

State v. Colpo, 472 P.3d 277 (Or. Ct. App. 2020).

State v. Modrzejewski, 490 P.3d 172 (Or. Ct. App. 2021).

— Or. Rev. Stat. § 163.165(1)(i) — 1 case

State v. Pemberton, 203 P.3d 326 (Or. Ct. App. 2009). “Defendant appeals a judgment of conviction on two counts of assault in the third degree under ORS 163.165. [1] That statute provides that a person commits the crime of assault in the third degree if the person "(1)(i) Knowing the other person is a staff member [at a correctional…”

— Or. Rev. Stat. § 163.165(2) — 5 cases

State v. Gornick, 130 P.3d 780 (Or. 2006).

State v. Dilts, 103 P.3d 95 (Or. 2004).

Layton v. Hall, 47 P.3d 898 (Or. Ct. App. 2002).

Bostwick v. Coursey, 287 P.3d 1168 (Or. Ct. App. 2012).

— Or. Rev. Stat. § 163.165(2)(a) — 5 cases

State v. Workman, 455 P.3d 566 (Or. Ct. App. 2019).

State v. Reynolds, 280 P.3d 1046 (Or. Ct. App. 2012).

State v. Tellez-Suarez, 484 P.3d 396 (Or. Ct. App. 2021).

State v. Westom, 512 P.3d 850 (Or. Ct. App. 2022).

— Or. Rev. Stat. § 163.165(2)(b) — 1 case

State v. Fincher, 462 P.3d 780 (Or. Ct. App. 2020).

— Or. Rev. Stat. § 163.165(3)(b)(A) — 1 case

State v. Agee, 196 P.3d 1060 (Or. Ct. App. 2008).

— Or. Rev. Stat. § 163.165(b) — 2 cases

State v. Gonzalez, 373 Or. 248 (Or. 2025).

— Or. Rev. Stat. § 163.165(l)(a) — 8 cases

State v. Boone, 661 P.2d 917 (Or. 1983).

State v. Downing, 366 P.3d 1171 (Or. Ct. App. 2016).

Real v. Nooth, 344 P.3d 33 (Or. Ct. App. 2015).

State v. S. N. R., 320 P.3d 569 (Or. Ct. App. 2014).

State v. Cavaner, 135 P.3d 402 (Or. Ct. App. 2006).

— Or. Rev. Stat. § 163.165(l)(b) — 2 cases

State v. Lopez, 641 P.2d 596 (Or. Ct. App. 1982).

State v. Hopkins, 21 P.3d 134 (Or. Ct. App. 2001).

— Or. Rev. Stat. § 163.165(l)(c) — 5 cases

State v. Forrester, 125 P.3d 47 (Or. Ct. App. 2005).

State v. Boyce, 852 P.2d 276 (Or. Ct. App. 1993).

State v. Johnstone, 19 P.3d 966 (Or. Ct. App. 2001).

State v. Alexander, 359 P.3d 516 (Or. Ct. App. 2015).

State v. Harris, 213 P.3d 859 (Or. Ct. App. 2009).

— Or. Rev. Stat. § 163.165(l)(e) — 18 cases

State v. Phillips, 317 P.3d 236 (Or. 2013). “1 ORS 163.165(1) specifies nine ways in which a person can commit third-degree assault.”

State v. Merida-Medina, 191 P.3d 708 (Or. Ct. App. 2008).

— Or. Rev. Stat. § 163.165(l)(f) — 1 case

State v. Gornick, 130 P.3d 780 (Or. 2006).

— Or. Rev. Stat. § 163.165(l)(h) — 3 cases

State v. McCullough, 220 P.3d 1182 (Or. 2009).

State v. Delaportilla, 279 P.3d 824 (Or. Ct. App. 2012).

State v. Delaportilla, 269 P.3d 94 (Or. Ct. App. 2011).

— Or. Rev. Stat. § 163.165(l)(i) — 3 cases

State v. Agee, 196 P.3d 1060 (Or. Ct. App. 2008).

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