70th OREGON LEGISLATIVE ASSEMBLY--1999 Regular Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .

LC 3468-1

                         House Bill 3394

Sponsored by Representative BECK (at the request of Joel Shapiro)


                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.

  Classifies assault in fourth degree as Class C felony if
assault is committed in immediate presence of certain minor
children.

                        A BILL FOR AN ACT
Relating to assault; amending ORS 163.160.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 163.160 is amended to read:
  163.160. (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; or
  (b) 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.
   { +  (4) For the purposes of subsection (3) of this section,
an assault is witnessed if the assault is seen or perceived in
any other manner by the child. + }
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