Notwithstanding the provisions of ORS 161.209, a person is not justified in using deadly physical force upon another person unless the person reasonably believes that the other person is: (1) Committing or attempting to commit a felony involving the use or threatened imminent use of physical force against a person; or (2) Committing or attempting to commit a burglary in a dwelling; or (3) Using or about to use unlawful deadly physical force against a person.Choosing to carry a weapon for self-defense, especially a deadly weapon, is a big decision.Both partners must be of legal age to give consent, although exceptions to the age of consent law exist in some jurisdictions when the minor and his or her partner are within a certain number of years in age or when a minor is married to his/her partner.
, 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. Kitt, 129 Or App 591, 8 (1994) Adult charged as accomplice or with inchoate crime does not obtain defense solely by reason that defense would be available to minor contemplated as having committed underlying conduct. Each listed item refers back to the current Section in its own text.
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. The result reveals relationships in the code that may not have otherwise been apparent.
[1971 c.743 §108; 1991 c.386 §3; 1991 c.830 §4; 1999 c.626 §24; amendments by 1999 c.626 §45 repealed by 2001 c.884 §1] Age difference of less than three years is not defense where victim does not give actual consent.
Assault in the 4th degree is a very common charge in cases of domestic violence.
Usually, assaults in the 1st-3rd degrees, which are felonies, involve more serious physical injuries (those that involve substantial risk of death, disfigurement, and loss of function), or physical injuries through the reckless or intentional use of a deadly or dangerous weapon.