State v. Garcias

In these consolidated cases, defendants challenge the constitutionality of the menacing statute, ORS 163.190(1), enacted in 1971. That statute provides:

“A person commits the crime of menacing if by word or conduct he intentionally attempts to place another person in fear of imminent serious physical injury.”

We believe the statute can best be understood in relation to the development of criminal assault in this state.

Prior to 1971, the assault statutes had remained substantively the same since their enactment in 1843. Compare General Laws of Oregon §§ 531-537 (Deady & Lane 1874) with ORS…