ORS Flashcards
“Attempt” described
Constitutes a substantial step toward commission of the crime
Class A felony if the offense attempted is murder or treason.
All other felony and Misdemeanors drop down by one,
A Felony to B Felony / B Felony to C Felony / C Felony to A Misdemeanor
A Misdemeanor to B Misdemeanor / B Misdemeanor to C Misdemeanor / C Misdemeanor to unclassified
Assault III
Recklessly – serious physical injury – deadly dangerous weapon
Recklessly – serious physical injury – extreme indifference to human life
Recklessly – physical injury – deadly dangerous weapon – extreme indifference to human life
With the aid of another – physical injury (2 people injury 1 person)
Intentionally, knowingly or recklessly – physical injury –
Public transit (bus driver)
Youth correctional staff (while committed to youth facility)
EMT
Taxi Driver
Flagger
Intentionally, knowingly or recklessly – physical injury – 10 and younger (as an adult)
C - Felony becomes B – Felony if
Serious Physical Injury – DUII
Assault II
Intentionally, knowingly – serious physical injury
Intentionally, knowingly – physical injury –deadly dangerous weapon
Reckless – serious physical injury – deadly dangerous weapon – extreme indifference human life
Assault I
Intentionally – serious physical injury – deadly dangerous weapon
Intentionally, knowingly – serious physical injury – under 6 years old
Assault II – knowing – pregnant
Intentionally, knowingly or recklessly – DUII – serious physical injury
And
3 convictions of DUII in last 10 years
Or
Previous convictions (while driving, regardless of DUII) for;
Manslaughter I or II, Crim negligent homicide, Assault I or II or III
Robbery III (Not on study guide)
While committing Theft or UUMV – Uses/Threatens physical force while;
Taking property or retaining property
Compelling owner or other to deliver / giving of property
Robbery II
Violates Robbery III and
Implies by word or conduct armed with dangerous or deadly weapon
(States is armed but no weapon seen or hand in pocket implying gun)
Aided by another person (other person must be present)
Robbery I
Violates Robbery III and
Is armed with deadly weapon
Uses or attempts to use dangerous weapon
Cause / attempt cause – serious physical injury
Criminal Mistreatment II (not on study guide) (Misdemeanor crime)
With criminal negligence – legal duty to provide care – withhold adequate food, physical care, medication/medical care
(Parent/legal guardian)
With criminal negligence – Assuming permanent or temporary care / custody / responsibility – withhold adequate food, physical care, medication/medical care
(Babysitter / care facility / other)
Criminal Mistreatment I
Intentionally or knowingly - withhold adequate food, physical care, medication/medical care
Intentionally or knowingly – Dependent / elderly person
Causes physical injury or injuries
Deserts with intent to abandon
Leaves unattended – place /length of time – may/likely to endanger health or welfare
Hides/takes – money or property – for personal gain
Assumes charge of depend or elderly for purpose of fraud
Leaves depend or elderly where:
Cannabinoid extract is illegally processed or at Meth lab
Kidnapping II
Intent to interfere substantially and without consent or legal authority
Takes person from one place to another
Secretly confines person - not likely to be found
It is a defense to a prosecution under subsection (1) of this section if:
(a) The person taken or confined is under 16 years of age;
(b) The defendant is a relative of that person; and
(c) The sole purpose of the person is to assume control of that person.
Kidnapping I (not on study guide)
Commits kidnapping II for the purpose of:
Ransom
Hostage
To cause physical injury
Rape or Attempt Rape
Sodomy or Attempt Sodomy
Unlawful Sexual Pen I or Attempt Unlawful Sex Pen
Definitions related to Kidnapping:
(1) “Without consent” means that the taking or confinement is accomplished by force, threat or deception, or, in the case of a person under 16 years of age or who is otherwise incapable of giving consent, that the taking or confinement is accomplished without the consent of the lawful custodian of the person.
(2) “Lawful custodian” means a parent, guardian or other person responsible by authority of law for the care, custody or control of another.
(3) “Relative” means a parent, ancestor, brother, sister, uncle or aunt.
Criminal Homicide
Intentionally, knowingly, recklessly or with criminal negligence cause death of another Murder Manslaughter Criminally negligent homicide Aggravated vehicular homicide)
Manslaughter II
Recklessly cause death
Intentionally causes or aids another to commit suicide
Criminal negligence – death – under 14 year old dependent
And
Previously tortured victim / another under 14 / or a dependent person
Or
Death by neglect or maltreatment
Neglect or maltreatment” means:
A failure to provide adequate food, clothing, shelter or medical care that is likely to endanger the health or welfare of a child under 14 years of age or a dependent person.
Manslaughter I
Recklessly – death – extreme indifference to value of human life
Intentionally – death – under extreme emotional disturbance
Recklessly – death – under 14 year old dependent
And
Previously tortured victim / another under 14 / or a dependent person
Or
Neglect or maltreatment – death – under 14 old dependent
Recklessly / Criminal negligence – DUII – Death
And
3 convictions of DUII in last 10 years
Or
Previous convictions (while driving, regardless of DUII) for;
Assault I & II & III (victim’s serious physical injuries while driving but not DUII)
Religious exemptions – dependent 18 & up – spiritual medical treatment – religious beliefs
Murder
Intentionally cause death Alone or with others – cause Death – while committing following crimes: Arson I Criminal mischief I (explosive) Burglary I Escape I Kidnapping I & II Robbery I All Felony 1st degree Sexual Offenses Compelling Prostitution Assault I – victim under 14 Assault II – victim is under 14 – dependent / or death by neglect or maltreatment Religious exemption applies
Murder Defense
It is an affirmative defense of this section that the defendant:
(a) Was not the only participant in the underlying crime;
(b) Did not commit the homicidal act or in any way solicit, request, command, importune, cause or aid in the commission thereof;
(c) Was not armed with a dangerous or deadly weapon;
(d) Had no reasonable ground to believe that any other participant was armed with a dangerous or deadly weapon; and
(e) Had no reasonable ground to believe that any other participant intended to engage in conduct likely to result in death.
Aggravated murder
Murder + received money or thing of value (hitman)
Murder + paid another money or thing of value (crime boss)
Murder + prior convictions of
Murder
Manslaughter I
More than one murder victim in single incident
Homicide result of torture or intentional maiming
Under 14 years of age
Victim was:
Police Officer
Correctional, Parole and Probation, person in control of convicted persons
Member of Oregon State Police
Judicial Officer (Judge)
Juror or witness in criminal proceeding
Employee or officer of court of justice
Member of state board of parole and post-prison supervision
Regulatory specialist
Suspect was an inmate at the time of murder
By means of explosive
Cover up a crime
Escape from jail /prison
Intentionally causes death while committing following crimes:
Arson I, Criminal mischief I (explosive), Burglary I, Escape I, Kidnapping I or II, Robbery I, All Felony 1st degree Sexual Offenses, Compelling Prostitution, Assault I – victim under 14, Assault II – victim is under 14 – dependent / or death by neglect or maltreatment
Age as a defense in certain cases
In any prosecution under Rape III or II, Sodomy III or II, Sex Abuse III or II or I, Contributing to sexual delinquency of a minor, in which the victim’s lack of consent was due solely to incapacity to consent by reason of being less than a specified age, it is a defense that the actor was less than three years older than the victim at the time of the alleged offense
In any prosecution under ORS Unlawful sexual penetration in the second degree, when the object used to commit the unlawful sexual penetration was the hand or any part thereof of the actor and in which the victim’s lack of consent was due solely to incapacity to consent by reason of being less than a specified age, it is a defense that the actor was less than three years older than the victim at the time of the alleged offense
In any prosecution under Sexual misconduct in which the victim’s lack of consent was due solely to incapacity to consent by reason of being less than a specified age, it is a defense that the actor was less than three years older than the victim at the time of the alleged offense if the victim was at least 15 years of age at the time of the alleged offense.
