State v. Williams

Summary

The Oregon Supreme Court held that “physical force upon another person” under Oregon’s third-degree robbery statute requires contact with another person that either causes bodily harm or is reasonably capable of creating a sense of fear or danger that such harm will occur. The court concluded that grabbing a motel keycard from the victim’s hand without touching, threatening, or otherwise engaging in a physical altercation did not satisfy that standard. The court reversed the Court of Appeals and the circuit court’s judgment in part and remanded for further proceedings.

Holdings

1. The phrase 'physical force upon another person' means contact with another person that either causes bodily harm or is reasonably capable of creating a sense of fear or danger that such harm will occur. It requires more than any degree of bodily force, although the force need not be violent.
2. The evidence was insufficient to establish that Williams used or threatened the immediate use of physical force upon RH. No rational juror could find that briefly grabbing the keycard, without bodily harm, direct contact with RH's hand, threats, or circumstances creating a sense of fear or danger, satisfied ORS 164.395(1).
3. The record did not support remand for entry of a conviction for attempted third-degree robbery because the evidence also failed to show that Williams intentionally attempted to use or threaten the use of physical force.

Questions Presented

1. What degree of contact or conduct constitutes 'physical force upon another person' under Oregon's third-degree robbery statute, ORS 164.395(1)?
2. Whether the evidence that Williams grabbed a motel keycard from RH's hand, without otherwise touching or threatening RH, was sufficient to prove third-degree robbery beyond a reasonable doubt.
3. Whether the evidence was sufficient to support attempted third-degree robbery if it was insufficient to support completed robbery.

Disposition

reversed_and_remanded