(1) In a prosecution for an offense that includes, as an element, causing physical injury to another person, evidence of physical injury may include but is not limited to:

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Terms Used In Oregon Statutes 161.065

  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.

(a) Testimony by the person alleged to have been injured;

(b) Evidence of physical trauma;

(c) Testimony from witnesses indicating that the person alleged to have been injured experienced substantial pain or impairment of physical condition; or

(d) Expert testimony addressing the effect of the type and amount of force used by the defendant.

(2) As used in this section, ‘physical trauma’ includes but is not limited to fractures, cuts, punctures, bruises, burns or other observable effects. [2023 c.205 § 1]