A legal Question

RVTECH

Messages
8,805
Reactions
14,229
I would like a question answered from someone with the proper knowledge. I am not looking for legal advice just if it is something that can be pursued - I witnessed an employee threaten another this afternoon. The threat was 'Don't get in my face or you may get knocked on your a$$' The recipient of the threat was not at all presenting threatening posture, just trying to talk to the other. My question is, is threatening someone in this manner chargeable under any specific Oregon law or statute?
 
Messages
1,099
Reactions
1,098
Oregon: 163.190 Menacing. (1) A person commits the crime of menacing if by word or conduct the person intentionally attempts to place another person in fear of imminent serious physical injury.

(2) Menacing is a Class A misdemeanor. [1971 c.743 §95]

Whether or not that's considered "serious physical injury" would be the real question.


elsie
 
Messages
3,995
Reactions
974
Oregon: 163.190 Menacing. (1) A person commits the crime of menacing if by word or conduct the person intentionally attempts to place another person in fear of imminent serious physical injury.

(2) Menacing is a Class A misdemeanor. [1971 c.743 §95]

Whether or not that's considered "serious physical injury" would be the real question.


elsie
It would be a stretch. Threatening other types of beatings could qualify though.

ORS 161.015 General Definitions

(8) "Serious physical injury" means physical injury which creates a substantial risk of death or which causes serious and protracted disfigurement, protracted impairment of health or protracted loss or impairment of the function of any bodily organ.
 
Messages
903
Reactions
185
Had one of those happen on a job site in the mid 90's and both parties were under my supervision.
The reciever filed a complaint with the company and the police as it was a documented repeat preformance for the guy.
The other party was arrested and booked for assualt with intent to commit bodily harm which he definitly did with witness's present. The company handled the legal end of it and not much was said, but we had an employee who did not return to work.

I'm no lawyer but have been to a buttload of seminars where this stuff is touched on.

Here is a little guideline input:
Assault and Battery
 
Messages
1,182
Reactions
71
You should talk to both employees separately to state that this is intolerable---and document the conversation with a signed receipt statement from each of them. You need to be able to prove that you took action to prevent a continuing "hostile workplace" situation, no matter how trivial this exchange was. I served as an alternate juror in a civil trial where an abused employee sued both his abuser AND his employer for allowing the situation to continue without stopping it---he won big damages from his employer, even though the jurors sympathized with the boss...............................elsullo
 
Messages
1,099
Reactions
1,098
It would be a stretch. Threatening other types of beatings could qualify though.

ORS 161.015 General Definitions

(8) "Serious physical injury" means physical injury which creates a substantial risk of death or which causes serious and protracted disfigurement, protracted impairment of health or protracted loss or impairment of the function of any bodily organ.
True. I guess it would depend on how hard your posterior came in contact with the ground (in the OP)


elsie
 
Messages
4,018
Reactions
2,640
that's not a threat... if he'd said he's GOING to knock the other on his ***, it might qualify for harassment, but that'd be a stretch too.

this isn't a crime... im sure there's more to the dynamic between these two, or you wouldn't be posting, but based on the criteria given you have nothing.
 

UPCOMING EVENTS

Arms Collectors of SW Washington Gun Show
Battleground Community Center
912 E Main St, Battle Ground, WA 98604, USA
DRRC .22 Rimfire Challenge Oct 10
Douglas Ridge Rifle Club
27787 OR-224, Eagle Creek, OR 97022, USA
Oregon State Steel Challenge Championship
Central Oregon Shooting Sports Association
Millican, OR 97701, USA
Miller's Quarry Clean-Up
Miller's Quarry
Miller Rd, Mt Hood Village, OR 97067, USA
Free Firearms Safety Course (I-1639 Compliant)
Virtual Webinar (Zoom)
Seattle, WA, USA

LATEST RESOURCE REVIEWS

  • Triple B Guns
    5.00 star(s)
    Triple B Guns
    This isn't really a review as we own the store but rather an invitation to come down and visit us. We specialize in hard to find unique guns but...
  • J&B Firearm Sales
    5.00 star(s)
    Good local shop
    Picked up a rifle yesterday from J&B. This was the second or third gun purchase over the last few years from them. I always enjoy stopping by...
  • H&K Gun Shop
    5.00 star(s)
    The only place I have found 9mm in stock
    I’ll admit I didn’t even know this place existed, as I don’t tend to go into Forest Grove often. But it’s a giant (looks bigger from the...
  • Revelation Arms
    4.00 star(s)
    Depends who answers the phone
    I was given the number to Roger Loock by Beaver Creek Armory, as I needed parts I had ordered from MCarbo installed on a Kel-Tec Sub2000. On my...
  • Coastal Farm & Ranch - Cornelius
    3.00 star(s)
    Lesson learned
    I’ll take some responsibility here, as I took the employee at their word instead of doing a thorough inspection. Short story is that I asked for a...
Top Bottom