Teeth are Not a Dangerous Weapon According to Oregon Courts
by Under U.S. law and judicial proceedings teeth have been classified as deadly or dangerous weapons when used by adults against another person. Yet, for some reason, the Oregon Court of Appeals has reduced a conviction based upon "teeth" not being specified in Oregon law.
A decision rendered today by the Oregon Court of Appeals throws into doubt whether or not human teeth, when used during an assault, can be classified as a dangerous weapon.
In 2008, Scott Russell Kuperus II got into a drunken fight with his neighbor. At one point during the fight, Kuperous settled matters by biting off a chunk of his neighbors ear. As a result, he was convicted of first degree assault and faced a sentence of up to seven years and five months in jail. As a result of today’s ruling, the first degree assault conviction has been overturned but a second-degree assault conviction stands. Kuperus now faces 70 months in prison instead.
The Oregon Court of Appeals decisions opens up many questions as to why teeth, which throughout nature are used for cutting, biting, rending and sheering should not be considered a dangerous weapon. When an adult uses teeth in a battle against another human being, more than likely the intent is defensive or designed to inflict some form of damage on a victim. When teeth are used by a child, however, can we assume a malicious intent or even a conscious knowledge that teeth are not to be used upon another human being?
Human beings are predators, but unlike most mamalian predators, human possess shortened canines. Canines are the sharp pointed teeth in the mouth commonly associated with vampirism in folklore. Canines in nature are used for puncturing skin, tissue, and arteries while hunting. Utilized in combination with claws, they also assist in holding onto struggling prey. In humans, it is highly unlikely that the use of teeth can create an immediately mortal wound.
However, there are numerous other problems associated with biting, chief of which is infection.
When a child bites, parents and other responsible adults are quick to chastise the child for unacceptable behavior. Sometimes the child’s bite can break skin and draw blood, but most times, the younger, smaller and weaker mouth causes no more than momentary pain. Yet, even when bitten by a child, medical complications can occur.
Infection from a bite can occur from a number of sources. In many instances, the infection actually originates from the victim’s own skin. Various forms of cellulitis are a result of bacteria normally present on the skin being pushed into the bloodstream. The human epidermis, which is the top layer of skin, consists of dead skin cells. This is the first line of defense.
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