163.185
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;
(c) Violates ORS
163.175 knowing that the victim is pregnant; or
(d)
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 and:
(A) In the 10
years prior to the date of the current offense the person has been convicted of
at least three of any of the following offenses in any combination:
(i) Driving under
the influence of intoxicants in violation of ORS 813.010, or its statutory
counterpart in another jurisdiction;
(ii) A driving
under the influence of intoxicants offense in another jurisdiction that
involved the impaired driving or operation of a vehicle, an aircraft or a boat
due to the use of intoxicants or any combination thereof; or
(iii) An offense
in another jurisdiction that involved driving or operating a vehicle, an
aircraft or a boat while having a blood alcohol content above that jurisdiction’s
permissible blood alcohol content; 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)(d)(B) of this section apply are:
(a) Manslaughter
in the first degree under ORS 163.118;
(b) Manslaughter
in the second degree under ORS 163.125;
(c) Criminally
negligent homicide under ORS 163.145;
(d) Assault in
the first degree under this section;
(e) Assault in
the second degree under ORS 163.175; or
(f) Assault in
the third degree under ORS 163.165.
(3) Assault in
the first degree is a Class A felony.
(4) It is an
affirmative defense to a prosecution under subsection (1)(d)(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.
(5) As used in
this section, “intoxicant” has the meaning given that term in ORS 801.321. [1971
c.743 §94; 1975 c.626 §2; 1977 c.297 §1; 2005 c.513 §1; 2007 c.867 §3; 2009
c.785 §2; 2021 c.480 §5; 2023 c.498 §24]
Notes of Decisions
Cited in
271
cases (
75 in the last 5 years), 1973–2026 · leading case:
State v. Owen, 505 P.3d 953 (Or. 2022).
State v. Owen, 505 P.3d 953 (Or. 2022).
· cites it 2× “We have said before that the legislature “may decline to address a judicial decision for any number of reasons, none of which necessarily constitutes an endorsement of the decision’s reasoning or result,” Mowry, 350 Or at 696 , and the legislative history that the state presents…”
State v. Stone, 532 P.3d 90 (Or. Ct. App. 2023).
· cites it 6× “On appeal, defendant argues that the trial court erred in denying his motion for judgment of acquittal, because there was insufficient evidence to prove “serious physical injury,” which is defined in ORS 161.”
Lambert v. Palmateer, 69 P.3d 725 (Or. Ct. App. 2003).
· cites it 6× “" ORS 163.185. ORS 161.015(8) defines a serious physical injury to be an injury that "creates a substantial risk of death or [that] causes serious and protracted disfigurement, protracted impairment of health or protracted loss or impairment of the function of any bodily organ.”
State v. Alvarez, 246 P.3d 26 (Or. Ct. App. 2010).
· cites it 4× “ORS 163.185 provides, in part: “(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[.”
State v. Newkirk, 509 P.3d 757 (Or. Ct. App. 2022).
· cites it 3× “The court imposed an upward departure sentence of 90 months’ incarceration on Count 1, finding that the state had proved four sentencing enhancement factors.”
State v. Burgess, 251 P.3d 765 (Or. Ct. App. 2011).
· cites it 4× “Defendant, who was convicted of first-degree assault, ORS 163.185, appeals, raising three assignments of error.”
State v. Maciel-Figueroa, 389 P.3d 1121 (Or. 2017).
“at 307; see also ORS 163.185 (person commits “assault” when he or she causes “serious physical injury” to another); ORS 163.”
State v. Warren, 5 P.3d 1115 (Or. Ct. App. 2000).
· cites it 6× “115(1), and assault in the first degree, ORS 163.185. On appeal, defendant makes several assignments of error.”
State v. Carlton, 388 P.3d 1093 (Or. 2017).
· cites it 2× “175, ORS 163.185, or ORS 163.190, “or of committing an equivalent crime in another jurisdiction.”
State v. Burgess, 287 P.3d 1093 (Or. 2012).
· cites it 3× “Defendant was charged by indictment with (among other things) assault in the first degree under ORS 163.185. At trial, the state proceeded solely under the theory that defendant had aided and abetted his codefendant’s initial assault on the victim.”
Burdge v. Palmateer, 112 P.3d 320 (Or. 2005).
· cites it 2× “"(c) Assault in the first degree, as defined in ORS 163.185. "(d) Kidnapping in the first degree, as defined in ORS 163.”
State v. Carson, 640 P.2d 586 (Or. 1982).
· cites it 4× “118(1)(b), and attempted assault, ORS 163.185. Defendant objected to the instructions on attempted murder and attempted manslaughter.”
— Or. Rev. Stat. § 163.185(1) — 18 cases
— Or. Rev. Stat. § 163.185(1)(a) — 25 cases
State v. Stone, 532 P.3d 90 (Or. Ct. App. 2023).
“On appeal, defendant argues that the trial court erred in denying his motion for judgment of acquittal, because there was insufficient evidence to prove “serious physical injury,” which is defined in ORS 161.”
State v. Newkirk, 509 P.3d 757 (Or. Ct. App. 2022).
“The court imposed an upward departure sentence of 90 months’ incarceration on Count 1, finding that the state had proved four sentencing enhancement factors.”
— Or. Rev. Stat. § 163.185(1)(b) — 6 cases
State v. Owen, 505 P.3d 953 (Or. 2022).
“We have said before that the legislature “may decline to address a judicial decision for any number of reasons, none of which necessarily constitutes an endorsement of the decision’s reasoning or result,” Mowry, 350 Or at 696 , and the legislative history that the state presents…”
— Or. Rev. Stat. § 163.185(1)(d)(A) — 2 cases
— Or. Rev. Stat. § 163.185(3) — 1 case
— Or. Rev. Stat. § 163.185(a) — 1 case
— Or. Rev. Stat. § 163.185(l)(a) — 2 cases
State v. Alvarez, 246 P.3d 26 (Or. Ct. App. 2010).
“ORS 163.185 provides, in part: “(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[.”
— Or. Rev. Stat. § 163.185(l)(d)(A) — 1 case
State v. Carlton, 388 P.3d 1093 (Or. 2017).
“175, ORS 163.185, or ORS 163.190, “or of committing an equivalent crime in another jurisdiction.”
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