163.208
Assaulting a public safety officer.
(1) A person commits the crime of assaulting a public safety officer if the
person intentionally or knowingly causes physical injury to the other person,
knowing the other person to be a peace officer, corrections officer, youth
correction officer, parole and probation officer, animal control officer,
firefighter or staff member, and while the other person is acting in the course
of official duty.
(2) Assaulting a
public safety officer is a Class C felony.
(3)(a) Except as
otherwise provided in paragraph (b) of this subsection, a person convicted
under this section shall be sentenced to not less than seven days of
imprisonment and shall not be granted bench parole or suspension of sentence
nor released on a sentence of probation before serving at least seven days of
the sentence of confinement.
(b) A person
convicted under this section shall be sentenced to not less than 14 days of
imprisonment and shall not be granted bench parole or suspension of sentence
nor released on a sentence of probation before serving at least 14 days of the
sentence of confinement if the victim is a peace officer.
(4) As used in
this section:
(a) “Animal
control officer” has the meaning given that term in ORS 609.500; and
(b) “Staff member”
means:
(A) A corrections
officer as defined in ORS 181A.355, a youth correction officer, 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 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 or
adjudicated youths. [1981 c.783 §2; 1993 c.14 §21; 1993 c.358 §1; 1995 c.651 §4;
1999 c.1040 §14; 2001 c.104 §51; 2001 c.828 §1; 2003 c.327 §1; 2019 c.213 §120;
2021 c.489 §12]
163.210 [Repealed by 1971 c.743 §432]
Notes of Decisions
Cited in
91
cases (
25 in the last 5 years), 1986–2026 · leading case:
State v. Tate, 220 P.3d 1176 (Or. 2009).
State v. Tate, 220 P.3d 1176 (Or. 2009).
· cites it 46× “In Haynes , the court examined the text and context of ORS 163.208 and concluded that, for purposes of that statute, a “corrections officer” is “a person who primarily performs the duty of supervising or controlling an individual who is confined in a place of incarceration or…”
Haynes v. State of Oregon, 854 P.2d 949 (Or. Ct. App. 1993).
· cites it 11× “ORS 163.208(1) provides: “A person commits the crime of assaulting a public safety officer if the person intentionally or knowingly causes physical injury to another person, knowing the other person to be a peace officer, corrections officer or firefighter, and while such other…”
State v. Sell, 536 P.3d 1019 (Or. Ct. App. 2023).
· cites it 3× “Defendant appeals his convictions for assaulting a public safety officer, ORS 163.208 (Count 1),1 resisting arrest, ORS 162.”
State v. Poole, 28 P.3d 643 (Or. Ct. App. 2001).
· cites it 4× “In that case, we reviewed de novo whether the acts of a youth constituted assault on a public safety officer under ORS 163.208. In Greenwood , the state asserted, as it does here, that the officer suffered a physical injury because she experienced substantial pain.”
State v. Spieler, 460 P.3d 535 (Or. Ct. App. 2020).
· cites it 3× “The conduct underlying defendant’s convictions on Counts 1 through 4 involved defendant accelerating his car at two law enforce- ment officers who were standing in front of his car. In his first four assignments of error, defendant contends that the trial court erred when it…”
State v. Tate, 196 P.3d 1033 (Or. Ct. App. 2008).
· cites it 23× “After resting, defendant again asked the trial court to instruct the jury in accordance with his interpretation of *640 ORS 163.208. The trial court declined to do so, and the jury convicted defendant.”
State v. M. T. F., 532 P.3d 913 (Or. Ct. App. 2023).
· cites it 5× “Lane County Circuit Court 20JU07068; A175638 532 P3d 913 Youth, M, appeals from a judgment adjudicating her delinquent for assault- ing a public safety officer, ORS 163.208. M argues that the juvenile court erred by (1) denying her motion to suppress evidence, and (2)…”
In Re Complaint as to the Conduct of White, 815 P.2d 1257 (Or. 1991).
· cites it 2× “260 (person may not use physical force to resist an arrest by peace officer, whether arrest is lawful or unlawful); ORS 163.208 (defining crime of assaulting a public safety officer); State v.”
State v. Garrett, 426 P.3d 164 (Or. Ct. App. 2018).
· cites it 2× “She was charged with assaulting a public safety officer, ORS 163.208. 1 After closing arguments, the trial court instructed the jury, in part: "Do not allow anything I've said or done during the course of this trial to suggest that I have formed any opinion about this case.”
State v. Rivera-Waddle, 379 P.3d 820 (Lane Cty. Cir. Ct., O.R. 2016).
“Defendant pleaded guilty to the offense of assaulting a public safety officer, ORS 163.208, and was sentenced to 60 days of incarceration and 36 months of probation.”
State v. Hayne, 427 P.3d 201 (Or. Ct. App. 2018).
· cites it 2× “This set of events led to defendant's conviction for two counts of assaulting a public safety officer, ORS 163.208 ; one count of resisting arrest, ORS 162.”
State v. Pierce, 477 P.3d 437 (Or. Ct. App. 2020).
· cites it 2× “405 and ORS 163.208 (Count 4); harassment, ORS 166.”
— Or. Rev. Stat. § 163.208(1) — 14 cases
State v. Tate, 220 P.3d 1176 (Or. 2009).
“In Haynes , the court examined the text and context of ORS 163.208 and concluded that, for purposes of that statute, a “corrections officer” is “a person who primarily performs the duty of supervising or controlling an individual who is confined in a place of incarceration or…”
Haynes v. State of Oregon, 854 P.2d 949 (Or. Ct. App. 1993).
“ORS 163.208(1) provides: “A person commits the crime of assaulting a public safety officer if the person intentionally or knowingly causes physical injury to another person, knowing the other person to be a peace officer, corrections officer or firefighter, and while such other…”
State v. Poole, 28 P.3d 643 (Or. Ct. App. 2001).
“In that case, we reviewed de novo whether the acts of a youth constituted assault on a public safety officer under ORS 163.208. In Greenwood , the state asserted, as it does here, that the officer suffered a physical injury because she experienced substantial pain.”
State v. Tate, 196 P.3d 1033 (Or. Ct. App. 2008).
“After resting, defendant again asked the trial court to instruct the jury in accordance with his interpretation of *640 ORS 163.208. The trial court declined to do so, and the jury convicted defendant.”
— Or. Rev. Stat. § 163.208(2) — 2 cases
Haynes v. State of Oregon, 854 P.2d 949 (Or. Ct. App. 1993).
“ORS 163.208(1) provides: “A person commits the crime of assaulting a public safety officer if the person intentionally or knowingly causes physical injury to another person, knowing the other person to be a peace officer, corrections officer or firefighter, and while such other…”
State v. Tate, 220 P.3d 1176 (Or. 2009).
“In Haynes , the court examined the text and context of ORS 163.208 and concluded that, for purposes of that statute, a “corrections officer” is “a person who primarily performs the duty of supervising or controlling an individual who is confined in a place of incarceration or…”
— Or. Rev. Stat. § 163.208(4)(b) — 2 cases
State v. Tate, 220 P.3d 1176 (Or. 2009).
“In Haynes , the court examined the text and context of ORS 163.208 and concluded that, for purposes of that statute, a “corrections officer” is “a person who primarily performs the duty of supervising or controlling an individual who is confined in a place of incarceration or…”
State v. Tate, 196 P.3d 1033 (Or. Ct. App. 2008).
“After resting, defendant again asked the trial court to instruct the jury in accordance with his interpretation of *640 ORS 163.208. The trial court declined to do so, and the jury convicted defendant.”
— Or. Rev. Stat. § 163.208(4)(b)(A) — 1 case
State v. Tate, 220 P.3d 1176 (Or. 2009).
“In Haynes , the court examined the text and context of ORS 163.208 and concluded that, for purposes of that statute, a “corrections officer” is “a person who primarily performs the duty of supervising or controlling an individual who is confined in a place of incarceration or…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.