163.190¹
Menacing
(1) A person commits the crime of menacing if by word or conduct the person intentionally attempts to place another person in fear of imminent serious physical injury.
(2) Menacing is a Class A misdemeanor. [1971 c.743 §95]
Notes of Decisions
Menacing is not lesser-included offense of carrying dangerous weapon with intent to use. State v. Cummings, 33 Or App 265, 576 P2d 36 (1978)
Where defendant, charged with two counts of menacing which arose out of same act, claimed that counts should be tried separately, trial court did not err in trying charges together since charges were so closely related that no relevant evidence was admissible in joint trial that would not have been properly admitted in each separate trial. State v. Elam, 37 Or App 365, 587 P2d 491 (1978)
Under evidence that defendant approached victims car brandishing baseball bat and pistol, victims testimony was not essential, and it was not error for court to deny motion for judgment of acquittal. State v. Lockwood, 43 Or App 639, 603 P2d 1231 (1979)
Where indictment alleged that defendant had intentionally caused physical injury, but it did not allege that defendant had attempted to place another in fear of imminent serious physical injury; crime of this section was not lesser included offense of assault in second degree (ORS 163.175 (Assault in the second degree)). State v. Moroney, 289 Or 597, 616 P2d 471 (1980)
That a person can attempt to place another in fear of imminent serious injury through words is only incidental, so this section does not directly implicate First Amendment rights or rights under Article I, Section 8 of the Oregon Constitution. State v. Anderson, 56 Or App 12, 641 P2d 40 (1982)
Since this section provides an adequate basis to distinguish between antisocial conduct which was intended to be prohibited and socially tolerable conduct which could reasonably have been intended to be subject to criminal sanction, it is not vague. State v. Anderson, 56 Or App 12, 641 P2d 40 (1982)
Menacing statute criminalizes the attempt to achieve the effect of fear, not a communication itself and thus does not violate section 8, Article I of the Oregon Constitution. State v. Garcias, 296 Or 688, 679 P2d 1354 (1984)
By pleading guilty to menacing under this section, petitioner admitted on record that he used or threatened to use firearm during commission of crime. DAmico v. Peterson, 91 Or App 113, 754 P2d 19 (1988), Sup Ct review denied
Jury does not have to agree unanimously that defendant committed specific act to place victim in fear of imminent physical injury. State v. White, 115 Or App 104, 838 P2d 605 (1992)
Threatened infliction of serious physical injury within few hours is sufficiently near in time to make threatened injury imminent. State ex rel Juvenile Dept. v. Dompeling, 171 Or App 692, 17 P3d 535 (2000)
Menacing is not lesser included offense of first or second degree robbery. State v. Lee, 174 Or App 119, 23 P3d 999 (2001), Sup Ct review denied
§§ 163.165 (Assault in the third degree) to 163.195 (Recklessly endangering another person)
Notes of Decisions
Where state relied on precisely same act to establish use-physical-force element of robbery and cause-physical-injury element of assault, defendants assault conviction merged into robbery conviction. State v. Steele, 33 Or App 491, 577 P2d 524 (1978), Sup Ct review denied
Law Review Citations
51 OLR 429, 432, 482-486 (1972)
Chapter 163
Law Review Citations
51 OLR 427-637 (1972)
Source: www.oregonlaws.org/ors/163.190