State v. Roberts

*341Defendant, who slapped his three-year-old son on the face hard enough to leave a red mark that persisted for several days, challenges his convictions for first-degree criminal mistreatment, ORS 163.205, and third-degree assault, ORS 163.165. An element of both those crimes, as charged in this case, is that the defendant caused the victim "physical injury." ORS 163.205(1)(b)(A) ; ORS 163.165(1)(h). "Physical injury" is defined, in turn, to mean "impairment of physical condition or substantial pain." ORS 161.015(7). Defendant argues that the trial court erred by not giving his requested jury…