Oregon Statutes 163.165 – Assault in the third degree
(1) A person commits the crime of assault in the third degree if the person:
Attorney's Note
Under the Oregon Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class B felony | up to 10 years | up to $250,000 |
| Class C felony | up to 5 years | up to $125,000 |
Terms Used In Oregon Statutes 163.165
- Contract: A legal written agreement that becomes binding when signed.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
(a) Recklessly causes serious physical injury to another by means of a deadly or dangerous weapon;
(b) Recklessly causes serious physical injury to another under circumstances manifesting extreme indifference to the value of human life;
(c) Recklessly causes physical injury to another by means of a deadly or dangerous weapon under circumstances manifesting extreme indifference to the value of human life;
(d) Intentionally, knowingly or recklessly causes, by means other than a motor vehicle, physical injury to the operator of a public transit vehicle while the operator is in control of or operating the vehicle. As used in this paragraph, ‘public transit vehicle’ has the meaning given that term in ORS § 166.116;
(e) While being aided by another person actually present, intentionally or knowingly causes physical injury to another;
(f) While committed to a youth correction facility, intentionally or knowingly causes physical injury to another knowing the other person is a staff member while the other person is acting in the course of official duty;
(g) Intentionally, knowingly or recklessly causes physical injury to an emergency medical services provider, as defined in ORS § 682.025, while the emergency medical services provider is performing official duties;
(h) Being at least 18 years of age, intentionally or knowingly causes physical injury to a child 10 years of age or younger;
(i) Intentionally, knowingly or recklessly causes, by means other than a motor vehicle, physical injury to the operator of a taxi while the operator is in control of the taxi; or
(j) Intentionally, knowingly or recklessly causes physical injury to a flagger or a highway worker while the flagger or highway worker is performing official duties.
(2)(a) Assault in the third degree is a Class C felony.
(b) Notwithstanding paragraph (a) of this subsection, assault in the third degree under subsection (1)(a) or (b) of this section is a Class B felony if:
(A) The assault resulted from the operation of a motor vehicle; and
(B) The defendant was the driver of the motor vehicle and was driving while under the influence of intoxicants.
(3) As used in this section:
(a) ‘Flagger’ has the meaning given that term in ORS § 811.230.
(b) ‘Highway worker’ has the meaning given that term in ORS § 811.230.
(c) ‘Staff member’ means:
(A) A corrections officer as defined in ORS § 181A.355, a youth correction officer, a youth correction facility staff member, 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, youths 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, youths or adjudicated youths.
(d) ‘Youth correction facility’ has the meaning given that term in ORS § 162.135. [1971 c.743 § 92; 1977 c.297 § 3; 1991 c.475 § 1; 1991 c.564 § 1; 1995 c.738 § 1; 1997 c.249 § 49; 1999 c.1011 § 1; 2001 c.104 § 50; 2001 c.830 § 1; 2001 c.851 § 4; 2009 c.660 § 39; 2009 c.783 § 3; 2011 c.529 § 1; 2011 c.703 § 27; 2017 c.658 § 1; 2019 c.213 § 119; 2021 c.489 § 11]