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Oregon Revised Statutes

Or. Rev. Stat. § 164.415 (2026)

Robbery in the first degree

✓ current as of May 2026
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      164.415 Robbery in the first degree. (1) A person commits the crime of robbery in the first degree if the person violates ORS 164.395 and the person:

      (a) Is armed with a deadly weapon;

      (b) Uses or attempts to use a dangerous weapon; or

      (c) Causes or attempts to cause serious physical injury to any person.

      (2) Robbery in the first degree is a Class A felony. [1971 c.743 §150; 2007 c.71 §51]

 

      164.420 [Repealed by 1971 c.743 §432]

 

      164.430 [Repealed by 1971 c.743 §432]

 

      164.440 [Amended by 1969 c.511 §1; repealed by 1971 c.404 §8 and by 1971 c.743 §432]

 

      164.450 [Repealed by 1971 c.743 §432]

 

      164.452 [1965 c.100 §300; repealed by 1971 c.743 §432]

 

      164.455 [1953 c.535 §1; 1959 c.687 §2; 1965 c.453 §1; repealed by 1971 c.743 §432]

 

      164.460 [Amended by 1957 c.470 §1; 1959 c.530 §2; 1969 c.501 §3; repealed by 1971 c.743 §432]

 

      164.462 [1963 c.552 §§1,2; 1965 c.450 §1; repealed by 1971 c.743 §432]

 

      164.465 [1953 c.430 §1; 1959 c.687 §3; repealed by 1971 c.743 §432]

 

      164.470 [Amended by 1969 c.594 §1; repealed by 1971 c.743 §432]

 

      164.480 [Repealed by 1971 c.743 §432]

 

      164.485 [1969 c.652 §1; repealed by 1971 c.743 §432]

 

      164.490 [1969 c.652 §2; repealed by 1971 c.743 §432]

 

      164.500 [1969 c.652 §§3,4,6; repealed by 1971 c.743 §432]

 

      164.505 [1969 c.652 §5; repealed by 1971 c.743 §432]

 

      164.510 [Repealed by 1971 c.743 §432]

 

      164.520 [Repealed by 1971 c.743 §432]

 

      164.530 [Repealed by 1971 c.743 §432]

 

      164.540 [Repealed by 1971 c.743 §432]

 

      164.550 [Repealed by 1971 c.743 §432]

 

      164.555 [1963 c.552 §3; repealed by 1971 c.743 §432]

 

      164.560 [Repealed by 1971 c.743 §432]

 

      164.570 [Repealed by 1971 c.743 §432]

 

      164.580 [Amended by 1959 c.580 §103; repealed by 1971 c.743 §432]

 

      164.590 [Repealed by 1971 c.743 §432]

 

      164.610 [Repealed by 1971 c.743 §432]

 

      164.620 [Repealed by 1971 c.743 §432]

 

      164.630 [Repealed by 1971 c.743 §432]

 

      164.635 [1961 c.310 §2; 1967 c.332 §1; repealed by 1971 c.743 §432]

 

      164.640 [Repealed by 1971 c.743 §432]

 

      164.650 [Repealed by 1971 c.743 §432]

 

      164.660 [Amended by 1967 c.390 §1; repealed by 1971 c.743 §432]

 

      164.670 [Amended by 1965 c.552 §1; repealed by 1971 c.743 §432]

 

      164.680 [Repealed by 1971 c.743 §432]

 

      164.690 [Repealed by 1971 c.743 §432]

 

      164.700 [1965 c.594 §1; repealed by 1971 c.743 §432]

 

      164.710 [Amended by 1969 c.517 §1; repealed by 1971 c.743 §432]

 

      164.720 [Repealed by 1971 c.743 §432]

 

      164.730 [Amended by 1967 c.351 §1; repealed by 1971 c.743 §432]

 

      164.740 [Repealed by 1971 c.743 §432]

 

      164.750 [1969 c.584 §1; repealed by 1971 c.743 §432]

 

      164.760 [1969 c.584 §§2,3; repealed by 1971 c.743 §432]

 

      164.770 [1969 c.584 §4; repealed by 1971 c.743 §432]

 

LITTERING

Notes of Decisions
Cited in 393 cases (58 in the last 5 years), 1973–2026 · leading case: State v. Vance, 591 P.2d 355 (Or. 1979).
Sort: Relevance Newest Treatment
State v. Vance, 591 P.2d 355 (Or. 1979). · cites it 18× “405 and ORS 164.415 appears to be whether defendant's weapon is actually deadly or only `purports to be dangerous or deadly.”
Pereida-Alba v. Coursey, 342 P.3d 70 (Or. 2015). · cites it 6× “See ORS 164.415(1) (person commits first-degree robbery by committing third-degree robbery, ORS 164.”
United States v. Alan Shelby, 939 F.3d 975 (9th Cir. 2019). · cites it 10× “The panel agreed with the district court that first-degree robbery in violation of Or. Rev. Stat. § 164.415 (1)(a), which occurs if the perpetrator is merely “armed with a deadly weapon,” is not a categorically violent offense.”
State v. White, 211 P.3d 248 (Or. 2009). · cites it 6× “ORS 164.415. [12] Second-degree robbery — the crime that concerns us here — is the intermediate level of robbery.”
State v. Rose, 810 P.2d 839 (Or. 1991). · cites it 8× “ORS 164.415 provides in part: "(1) A person commits the crime of robbery in the first degree if the person violates ORS 164.”
State v. Burrow, 653 P.2d 226 (Or. 1982). · cites it 12× “" The first degree robbery statute under which defendant was charged is ORS 164.415. It provides: "(1) A person commits the crime of robbery in the first degree if he violates ORS 164.”
State v. Zweigart, 188 P.3d 242 (Or. 2008). · cites it 6× “115(1)(b)(E), and "[r]obbery in the first degree as defined in ORS 164.415," ORS 163.115(1)(b)(G). In addressing defendant's contention that the jury's guilty verdicts on the three aggravated murder counts in this case were inconsistent, we begin by considering what facts the…”
Jones v. United States, 526 U.S. 227 (1999). · cites it 2× “15 (McKinney 1988) (robbery in the first degree; "[c]auses serious physical injury"); Ore. Rev. Stat. § 164.415(1)(c) (1990) (robbery in the first degree; "[c]auses or attempts to cause serious physical injury"); Tex.”
State v. Osborne, 255 P.3d 513 (Or. Ct. App. 2011). · cites it 17× “Defendant appeals from his conviction for robbery in the first degree, ORS 164.415, arguing that the trial court erred in denying his motion for a judgment of acquittal.”
State v. Hall, 966 P.2d 208 (Or. 1998). · cites it 4× “Before CARSON, C.J., and GILLETTE, VAN HOOMISSEN, DURHAM and LEESON, JJ.”
State v. Anderson, 145 P.3d 245 (Or. Ct. App. 2006). · cites it 7× “Defendant appeals from a judgment of conviction on two counts of first-degree robbery, ORS 164.415, two counts of second-degree robbery, ORS 164.”
State v. Tucker, 845 P.2d 904 (Or. 1993). · cites it 4× “The jury also convicted defendant of two counts of robbery in the first degree, ORS 164.415, [2] and one count of burglary in *907 the first degree, ORS 164.”
Show all 393 citing cases →
— Or. Rev. Stat. § 164.415(1) — 37 cases
Pereida-Alba v. Coursey, 342 P.3d 70 (Or. 2015). “See ORS 164.415(1) (person commits first-degree robbery by committing third-degree robbery, ORS 164.”
State v. Vance, 591 P.2d 355 (Or. 1979). “405 and ORS 164.415 appears to be whether defendant's weapon is actually deadly or only `purports to be dangerous or deadly.”
State v. Hall, 966 P.2d 208 (Or. 1998). “Before CARSON, C.J., and GILLETTE, VAN HOOMISSEN, DURHAM and LEESON, JJ.”
State v. Rennells, 162 P.3d 1006 (Or. Ct. App. 2007).
State v. Jacob, 145 P.3d 212 (Or. Ct. App. 2006).
— Or. Rev. Stat. § 164.415(1)(a) — 18 cases
State v. Burrow, 653 P.2d 226 (Or. 1982). “" The first degree robbery statute under which defendant was charged is ORS 164.415. It provides: "(1) A person commits the crime of robbery in the first degree if he violates ORS 164.”
State v. Vance, 591 P.2d 355 (Or. 1979). “405 and ORS 164.415 appears to be whether defendant's weapon is actually deadly or only `purports to be dangerous or deadly.”
State v. Howe, 554 P.2d 605 (Or. Ct. App. 1976).
State v. Link, 208 P.3d 936 (Or. 2009).
State v. Rennells, 162 P.3d 1006 (Or. Ct. App. 2007).
— Or. Rev. Stat. § 164.415(1)(b) — 21 cases
Pereida-Alba v. Coursey, 342 P.3d 70 (Or. 2015). “See ORS 164.415(1) (person commits first-degree robbery by committing third-degree robbery, ORS 164.”
State v. Link, 208 P.3d 936 (Or. 2009).
State v. Jacob, 145 P.3d 212 (Or. Ct. App. 2006).
State v. Burrow, 653 P.2d 226 (Or. 1982). “" The first degree robbery statute under which defendant was charged is ORS 164.415. It provides: "(1) A person commits the crime of robbery in the first degree if he violates ORS 164.”
State v. Osborne, 255 P.3d 513 (Or. Ct. App. 2011). “Defendant appeals from his conviction for robbery in the first degree, ORS 164.415, arguing that the trial court erred in denying his motion for a judgment of acquittal.”
— Or. Rev. Stat. § 164.415(1)(c) — 7 cases
Jones v. United States, 526 U.S. 227 (1999). “15 (McKinney 1988) (robbery in the first degree; "[c]auses serious physical injury"); Ore. Rev. Stat. § 164.415(1)(c) (1990) (robbery in the first degree; "[c]auses or attempts to cause serious physical injury"); Tex.”
State v. King, 398 P.3d 336 (Or. 2017).
State v. Burrow, 653 P.2d 226 (Or. 1982). “" The first degree robbery statute under which defendant was charged is ORS 164.415. It provides: "(1) A person commits the crime of robbery in the first degree if he violates ORS 164.”
State v. Williams, 374 Or. 648 (Or. 2025).
State v. Anderson, 145 P.3d 245 (Or. Ct. App. 2006).
— Or. Rev. Stat. § 164.415(1)(e) — 1 case
State v. Link, 208 P.3d 936 (Or. 2009).
— Or. Rev. Stat. § 164.415(l)(a) — 15 cases
State v. Acremant, 108 P.3d 1139 (Or. 2005).
State v. Johnson, 25 P.3d 353 (Or. Ct. App. 2001).
State v. Vance, 591 P.2d 355 (Or. 1979). “405 and ORS 164.415 appears to be whether defendant's weapon is actually deadly or only `purports to be dangerous or deadly.”
State v. Howe, 554 P.2d 605 (Or. Ct. App. 1976).
State v. Jacob, 145 P.3d 212 (Or. Ct. App. 2006).
— Or. Rev. Stat. § 164.415(l)(b) — 13 cases
Pereida-Alba v. Coursey, 342 P.3d 70 (Or. 2015). “See ORS 164.415(1) (person commits first-degree robbery by committing third-degree robbery, ORS 164.”
State v. Anderson, 145 P.3d 245 (Or. Ct. App. 2006). “Defendant appeals from a judgment of conviction on two counts of first-degree robbery, ORS 164.415, two counts of second-degree robbery, ORS 164.”
State v. Osborne, 255 P.3d 513 (Or. Ct. App. 2011). “Defendant appeals from his conviction for robbery in the first degree, ORS 164.415, arguing that the trial court erred in denying his motion for a judgment of acquittal.”
State v. Byam, 393 P.3d 252 (Or. Ct. App. 2017).
State v. Crawford, 171 P.3d 974 (Or. Ct. App. 2007).
— Or. Rev. Stat. § 164.415(l)(c) — 9 cases
Jones v. United States, 526 U.S. 227 (1999). “15 (McKinney 1988) (robbery in the first degree; "[c]auses serious physical injury"); Ore. Rev. Stat. § 164.415(1)(c) (1990) (robbery in the first degree; "[c]auses or attempts to cause serious physical injury"); Tex.”
State v. Anderson, 145 P.3d 245 (Or. Ct. App. 2006). “Defendant appeals from a judgment of conviction on two counts of first-degree robbery, ORS 164.415, two counts of second-degree robbery, ORS 164.”
State v. Crawford, 171 P.3d 974 (Or. Ct. App. 2007).
State v. Hamilton, 233 P.3d 432 (Or. 2010).
State v. Burrow, 653 P.2d 226 (Or. 1982). “" The first degree robbery statute under which defendant was charged is ORS 164.415. It provides: "(1) A person commits the crime of robbery in the first degree if he violates ORS 164.”
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