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    ASSAULT IN THE FOURTH DEGREE
          163.160 Assault in the fourth degree. (1) A person commits the crime of assault in the fourth degree if the person:
          (a) Intentionally, knowingly or recklessly causes physical injury to another; or
          (b) With criminal negligence causes physical injury to another by means of a deadly weapon.
          (2) Assault in the fourth degree is a Class A misdemeanor.
          (3) Notwithstanding subsection (2) of this section, assault in the fourth degree is a Class C felony if the person commits the crime of assault in the fourth degree and:
          (a) The person has previously been convicted of assaulting the same victim;
          (b) The person has previously been convicted at least three times (any victim) under this section or under equivalent laws of another jurisdiction and all of the assaults involved domestic violence, as defined in ORS 135.230;
          (c) The assault is committed in the immediate presence of, or is witnessed by, the person’s or the victim’s minor child or stepchild or a minor child residing within the household of the person or victim; or
          (d) The person commits the assault knowing that the victim is pregnant.
          (4) For the purposes of subsection (3) of this section, an assault is witnessed if the assault is seen or directly perceived in any other manner by the child.

          161.015. As used in chapter 743, Oregon Laws 1971, and ORS 166.635, unless the context requires otherwise:
          (1) “Dangerous weapon” means any weapon, device, instrument, material or substance which under the circumstances in which it is used, attempted to be used or threatened to be used, is readily capable of causing death or serious physical injury.
          (2) “Deadly weapon” means any instrument, article or substance specifically designed for and presently capable of causing death or serious physical injury.
          (3) “Deadly physical force” means physical force that under the circumstances in which it is used is readily capable of causing death or serious physical injury.
          (4) “Peace officer” means:
          (a) A member of the Oregon State Police;
          (b) A sheriff, constable, marshal, municipal police officer or reserve officer as defined in ORS 133.005, or a police officer commissioned by a university under ORS 352.383;
          (c) An investigator of the Criminal Justice Division of the Department of Justice or investigator of a district attorney’s office; and
          (d) Any other person designated by law as a peace officer.
          (5) “Person” means a human being and, where appropriate, a public or private corporation, an unincorporated association, a partnership, a government or a governmental instrumentality.
          (6) “Physical force” includes, but is not limited to, the use of an electrical stun gun, tear gas or mace.
          (7) “Physical injury” means impairment of physical condition or substantial pain.
    • (8) “Serious physical injury” means physical injury which creates a substantial risk of death or which causes serious and protracted disfigurement, protracted impairment of health or protracted loss or impairment of the function of any bodily organ.     


          161.085 Definitions with respect to culpability. As used in chapter 743, Oregon Laws 1971, and ORS 166.635, unless the context requires otherwise:
          (1) “Act” means a bodily movement.
          (2) “Voluntary act” means a bodily movement performed consciously and includes the conscious possession or control of property.
          (3) “Omission” means a failure to perform an act the performance of which is required by law.
          (4) “Conduct” means an act or omission and its accompanying mental state.
          (5) “To act” means either to perform an act or to omit to perform an act.
          (6) “Culpable mental state” means intentionally, knowingly, recklessly or with criminal negligence as these terms are defined in subsections (7), (8), (9) and (10) of this section.
          (7) “Intentionally” or “with intent,” when used with respect to a result or to conduct described by a statute defining an offense, means that a person acts with a conscious objective to cause the result or to engage in the conduct so described.
          (8) “Knowingly” or “with knowledge,” when used with respect to conduct or to a circumstance described by a statute defining an offense, means that a person acts with an awareness that the conduct of the person is of a nature so described or that a circumstance so described exists.
          (9) “Recklessly,” when used with respect to a result or to a circumstance described by a statute defining an offense, means that a person is aware of and consciously disregards a substantial and unjustifiable risk that the result will occur or that the circumstance exists. The risk must be of such nature and degree that disregard thereof constitutes a gross deviation from the standard of care that a reasonable person would observe in the situation.
    • “Criminal negligence” or “criminally negligent,” when used with respect to a result or to a circumstance described by a statute defining an offense, means that a person fails to be aware of a substantial and unjustifiable risk that the result will occur or that the circumstance exists. The risk must be of such nature and degree that the failure to be aware of it constitutes a gross deviation from the standard of care that a reasonable person would observe in the situation.




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