State v. Murray, 343 Or. 48

Summary

The Supreme Court of Oregon held that a defendant may be criminally liable for third-degree assault when the defendant’s own reckless conduct causes serious physical injury to a willing participant in the reckless activity. The court distinguished State v. Petersen, concluding that Petersen precludes liability based solely on participation but does not shield a participant whose independent reckless conduct causes the injury. The court affirmed the defendant’s assault conviction and the lower court’s judgment.

Holdings

1. A person commits third-degree assault under ORS 163.165 when the person recklessly causes serious physical injury to another by means of a deadly or dangerous weapon, regardless of whether the injured person voluntarily participated in the reckless activity.
2. State v. Petersen does not absolve a participant from criminal liability when the participant's own recklessness, beyond mere participation in the risky activity, causes the victim's injury.

Questions Presented

1. Whether a person commits third-degree assault under ORS 163.165 when the person recklessly causes serious physical injury to another participant in reckless conduct who voluntarily assumed the risk of injury.
2. Whether State v. Petersen precludes criminal liability when the injured victim knowingly and voluntarily participated in the reckless activity.

Disposition

affirmed