Chapter 1073 Oregon Laws
1999
Session Law
AN ACT
HB 3129
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;
(b) The person has
previously been convicted at least three times under this section or under
equivalent laws of another jurisdiction and all of the assaults involved
domestic violence, as defined in ORS 135.230; or
[(b)] (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.
(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.
Approved by the Governor
September 1, 1999
Filed in the office of the
Secretary of State September 2, 1999
Effective date October 23,
1999
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