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Oregon Revised Statutes

Or. Rev. Stat. § 163.175 (2026)

Assault in the second degree

✓ current as of May 2026
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      163.175 Assault in the second degree. (1) A person commits the crime of assault in the second degree if the person:

      (a) Intentionally or knowingly causes serious physical injury to another;

      (b) Intentionally or knowingly causes physical injury to another by means of a deadly or dangerous weapon; or

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

      (2) Assault in the second degree is a Class B felony. [1971 c.743 §93; 1975 c.626 §1; 1977 c.297 §2; 2005 c.22 §110]

Notes of Decisions
Cited in 462 cases (131 in the last 5 years), 1973–2026 · leading case: State v. Owen, 505 P.3d 953 (Or. 2022).
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State v. Owen, 505 P.3d 953 (Or. 2022). · cites it 14× “At issue on review is the culpable mental state, or mens rea, statutorily required to prove second-degree assault, ORS 163.175. A grand jury indicted defendant on two counts of second-degree assault for knowingly causing physical injury to another person by means of a dangerous…”
State v. Barnes, 986 P.2d 1160 (Or. 1999). · cites it 17× “” ORS 163.175 provides, in part: “(1) A person commits the crime of assault in the second degree if the person: “(a) Intentionally or knowingly causes serious physical injury to another[.”
State v. Swinney, 343 Or. App. 22 (Or. Ct. App. 2025). · cites it 20× “We conclude that the second-degree assault statute, ORS 163.175, does not require that a defendant intend to assault and actually injure the same person, as defendant con- tends.”
State v. Stone, 532 P.3d 90 (Or. Ct. App. 2023). · cites it 12× “015 (stating that its definitions apply to “chapter Cite as 326 Or App 200 (2023) 205 743, Oregon Laws 1971”); Or Laws 1971, ch 743, § 93 (enact- ing provision codified at ORS 163.175). In arguing his motion for judgment of acquittal, defendant addressed each of G’s injuries,…”
State v. Stone, 536 P.3d 1094 (Or. Ct. App. 2023). · cites it 10× “’ ” Defendant contends that he cannot be retried on the other theory of seconddegree assault, ORS 163.”
State v. Giron-Cortez, 557 P.3d 505 (Or. 2024). · cites it 6× “The court admitted state’s exhibit 3, which showed that defendant was a felon because defendant had pleaded guilty to assault in the second degree, ORS 163.175, in Marion County Case Number 07C48829, in return for the dismissal of an attempted murder charge.”
State v. Cook, 989 P.2d 474 (Or. Ct. App. 1999). · cites it 10× “” *582 ORS 163.175 defines the offense of assault in the second degree: “(1) A person commits the crime of assault in the second degree if the person: «‡ # ‡ ❖ ❖ “(c) Recklessly causes serious physical injury to another by means of a deadly or dangerous weapon under…”
State v. McKinney/Shiffer, 505 P.3d 946 (Or. 2022). · cites it 3× “(CC 17CR45148) (CA A168450) (SC S067659) 505 P3d 946 Defendant Shiffer was charged with second-degree assault, ORS 163.175(1)(a). At his bench trial, he argued that the state was required to prove that he knew that his conduct would result in serious physical injury to secure a…”
State v. Bock (A169480), 485 P.3d 931 (Or. Ct. App. 2021). · cites it 3× “247 (Count 8). Defendant assigns error to the trial court’s denial of his motion to suppress evidence because the warrant authorizing a search of his cell phone violated the particularity requirement of Article I, section 9, of the Oregon Constitution, the trial court’s decision…”
State v. McNair, 39 P.3d 284 (Or. Ct. App. 2002). · cites it 14× “ORS 163.175 provides, in part: “(1) A person commits the crime of assault in the second degree if the person: “(a) Intentionally or knowingly causes serious physical injury to another; or “(b) Intentionally or knowingly causes physical injury to another by means of a deadly or…”
State v. Ice, 170 P.3d 1049 (Or. 2007). · cites it 2× “2d 1113 (quoting ORS 163.175(1)(a)). The court reasoned: "The seriousness of the injury inflicted by the defendant is an element of the crime of assault, but the monetary amount of the medical and other out-of-pocket expenses associated with the injury is not.”
State v. Torres, 48 P.3d 170 (Or. Ct. App. 2002). · cites it 7× “ORS 163.175(1). He was sentenced to 90 months’ imprisonment.”
Show all 462 citing cases →
— Or. Rev. Stat. § 163.175(1) — 20 cases
State v. Torres, 48 P.3d 170 (Or. Ct. App. 2002). “ORS 163.175(1). He was sentenced to 90 months’ imprisonment.”
State v. Dowd, 342 Or. App. 57 (Or. Ct. App. 2025).
State v. Arellano-Sanchez, 481 P.3d 349 (Or. Ct. App. 2021).
State v. Anderson, 145 P.3d 245 (Or. Ct. App. 2006).
State v. Fields, 468 P.3d 1029 (Or. Ct. App. 2020).
— Or. Rev. Stat. § 163.175(1)(a) — 26 cases
State v. Owen, 505 P.3d 953 (Or. 2022). “At issue on review is the culpable mental state, or mens rea, statutorily required to prove second-degree assault, ORS 163.175. A grand jury indicted defendant on two counts of second-degree assault for knowingly causing physical injury to another person by means of a dangerous…”
State v. Stone, 532 P.3d 90 (Or. Ct. App. 2023). “015 (stating that its definitions apply to “chapter Cite as 326 Or App 200 (2023) 205 743, Oregon Laws 1971”); Or Laws 1971, ch 743, § 93 (enact- ing provision codified at ORS 163.175). In arguing his motion for judgment of acquittal, defendant addressed each of G’s injuries,…”
State v. McKinney/Shiffer, 505 P.3d 946 (Or. 2022). “(CC 17CR45148) (CA A168450) (SC S067659) 505 P3d 946 Defendant Shiffer was charged with second-degree assault, ORS 163.175(1)(a). At his bench trial, he argued that the state was required to prove that he knew that his conduct would result in serious physical injury to secure a…”
State v. Ice, 170 P.3d 1049 (Or. 2007). “2d 1113 (quoting ORS 163.175(1)(a)). The court reasoned: "The seriousness of the injury inflicted by the defendant is an element of the crime of assault, but the monetary amount of the medical and other out-of-pocket expenses associated with the injury is not.”
State v. Stone, 536 P.3d 1094 (Or. Ct. App. 2023). “’ ” Defendant contends that he cannot be retried on the other theory of seconddegree assault, ORS 163.”
— Or. Rev. Stat. § 163.175(1)(b) — 41 cases
State v. Owen, 505 P.3d 953 (Or. 2022). “At issue on review is the culpable mental state, or mens rea, statutorily required to prove second-degree assault, ORS 163.175. A grand jury indicted defendant on two counts of second-degree assault for knowingly causing physical injury to another person by means of a dangerous…”
State v. Stone, 536 P.3d 1094 (Or. Ct. App. 2023). “’ ” Defendant contends that he cannot be retried on the other theory of seconddegree assault, ORS 163.”
State v. Wiltse, 373 Or. 1 (Or. 2024).
State v. McNair, 39 P.3d 284 (Or. Ct. App. 2002). “ORS 163.175 provides, in part: “(1) A person commits the crime of assault in the second degree if the person: “(a) Intentionally or knowingly causes serious physical injury to another; or “(b) Intentionally or knowingly causes physical injury to another by means of a deadly or…”
State v. Stone, 527 P.3d 800 (Or. Ct. App. 2023).
— Or. Rev. Stat. § 163.175(1)(c) — 12 cases
State v. Giron-Cortez, 557 P.3d 505 (Or. 2024). “The court admitted state’s exhibit 3, which showed that defendant was a felon because defendant had pleaded guilty to assault in the second degree, ORS 163.175, in Marion County Case Number 07C48829, in return for the dismissal of an attempted murder charge.”
State v. Cook, 989 P.2d 474 (Or. Ct. App. 1999). “” *582 ORS 163.175 defines the offense of assault in the second degree: “(1) A person commits the crime of assault in the second degree if the person: «‡ # ‡ ❖ ❖ “(c) Recklessly causes serious physical injury to another by means of a deadly or dangerous weapon under…”
State v. Corpuz, 621 P.2d 604 (Or. Ct. App. 1980).
State v. Pachmayr, 185 P.3d 1103 (Or. 2008).
State v. Moses, 997 P.2d 251 (Or. Ct. App. 2000).
— Or. Rev. Stat. § 163.175(10)(b) — 1 case
State v. Gee, 198 P.3d 950 (Or. Ct. App. 2008).
— Or. Rev. Stat. § 163.175(2) — 6 cases
State v. Phillips, 482 P.3d 52 (Or. 2021).
State v. Ramos, 295 P.3d 176 (Or. Ct. App. 2013).
State v. Johnson, 350 P.3d 556 (Or. Ct. App. 2015).
State v. Aitken, 296 P.3d 587 (Or. Ct. App. 2013).
State v. Carter, 354 P.3d 764 (Or. Ct. App. 2015).
— Or. Rev. Stat. § 163.175(4) — 1 case
State v. Amini, 28 P.3d 1204 (Or. Ct. App. 2001).
— Or. Rev. Stat. § 163.175(l)(a) — 15 cases
State v. Barnes, 986 P.2d 1160 (Or. 1999). “” ORS 163.175 provides, in part: “(1) A person commits the crime of assault in the second degree if the person: “(a) Intentionally or knowingly causes serious physical injury to another[.”
State v. Alvarez, 246 P.3d 26 (Or. Ct. App. 2010).
State v. Burgess, 251 P.3d 765 (Or. Ct. App. 2011).
State v. Barnes, 945 P.2d 627 (Or. Ct. App. 1997).
United States v. Dunlap, 162 F. Supp. 3d 1106 (D. Or. 2016).
— Or. Rev. Stat. § 163.175(l)(b) — 22 cases
State v. Hampton, 855 P.2d 621 (Or. 1993).
State v. Boyce, 852 P.2d 276 (Or. Ct. App. 1993).
State v. O'HARA, 955 P.2d 313 (Or. Ct. App. 1998).
Maney v. Angelozzi, 397 P.3d 567 (Or. Ct. App. 2017).
State v. Sanders, 57 P.3d 963 (Or. Ct. App. 2002).
— Or. Rev. Stat. § 163.175(l)(c) — 12 cases
State v. Corpuz, 621 P.2d 604 (Or. Ct. App. 1980).
State v. Boone, 661 P.2d 917 (Or. 1983).
State v. Torres, 48 P.3d 170 (Or. Ct. App. 2002). “ORS 163.175(1). He was sentenced to 90 months’ imprisonment.”
State v. Downing, 366 P.3d 1171 (Or. Ct. App. 2016).
State v. Cook, 989 P.2d 474 (Or. Ct. App. 1999). “” *582 ORS 163.175 defines the offense of assault in the second degree: “(1) A person commits the crime of assault in the second degree if the person: «‡ # ‡ ❖ ❖ “(c) Recklessly causes serious physical injury to another by means of a deadly or dangerous weapon under…”
— Or. Rev. Stat. § 163.175(l)(d) — 1 case
State v. Gale, 583 P.2d 1169 (Or. Ct. App. 1978).
— Or. Rev. Stat. § 163.175(lKa) — 1 case
State v. Cook, 989 P.2d 474 (Or. Ct. App. 1999). “” *582 ORS 163.175 defines the offense of assault in the second degree: “(1) A person commits the crime of assault in the second degree if the person: «‡ # ‡ ❖ ❖ “(c) Recklessly causes serious physical injury to another by means of a deadly or dangerous weapon under…”
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