1. (1) A person commits the crime of assault in the first degree if the person:

   1. (a) Intentionally causes serious physical injury to another by means of a deadly or dangerous weapon;
   2. (b) Intentionally or knowingly causes serious physical injury to a child under six years of age;
   3. (c) Violates ORS 163.175 knowing that the victim is pregnant; or

   4. (d) Intentionally, knowingly or recklessly causes serious physical injury to another while operating a motor vehicle under the influence of intoxicants in violation of ORS 813.010 and:

      1. (A) In the 10 years prior to the date of the current offense the person has been convicted of at least three of any of the following offenses in any combination:

         1. (i) Driving under the influence of intoxicants in violation of ORS 813.010, or its statutory counterpart in another jurisdiction;
         2. (ii) A driving under the influence of intoxicants offense in another jurisdiction that involved the impaired driving or operation of a vehicle, an aircraft or a boat due to the use of intoxicants or any combination thereof; or
         3. (iii) An offense in another jurisdiction that involved driving or operating a vehicle, an aircraft or a boat while having a blood alcohol content above that jurisdiction’s permissible blood alcohol content; or

      2. (B)

         1. (i) The person has a previous conviction for any of the crimes described in subsection (2) of this section, or their statutory counterparts in any jurisdiction; and
         2. (ii) The victim’s death or serious physical injury in the previous conviction was caused by the person driving a motor vehicle.

2. (2) The previous convictions to which subsection (1)(d)(B) of this section apply are:

   1. (a) Manslaughter in the first degree under ORS 163.118;
   2. (b) Manslaughter in the second degree under ORS 163.125;
   3. (c) Criminally negligent homicide under ORS 163.145;
   4. (d) Assault in the first degree under this section;
   5. (e) Assault in the second degree under ORS 163.175; or
   6. (f) Assault in the third degree under ORS 163.165.
3. (3) Assault in the first degree is a Class A felony.
4. (4) It is an affirmative defense to a prosecution under subsection (1)(d)(B) of this section that the defendant was not under the influence of intoxicants at the time of the conduct that resulted in the previous conviction.
5. (5) As used in this section, “intoxicant” has the meaning given that term in ORS 801.321.

[1971 c.743 §94; 1975 c.626 §2; 1977 c.297 §1; 2005 c.513 §1; 2007 c.867 §3; 2009 c.785 §2; 2021 c.480 §5; 2023 c.498 §24]