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Oregon Stalking Information



Stalking

163.732. Stalking. 1993. Amended 1995.

(1) A person commits the crime of stalking if:

(a) The person knowingly alarms or coerces another person or a member of that person's immediate family or household by engaging in repeated and unwanted contact with the other person;

(b) It is objectively reasonable for a person in the victim's situation to have been alarmed or coerced by the contact; and

(c) The repeated and unwanted contact causes the victim reasonable apprehension regarding the personal safety of the victim or a member of the victim's immediate family or household.

(2) (a) Stalking is a Class A misdemeanor.

(b) Notwithstanding paragraph (a) of this subsection, stalking is a Class C felony if the person has a prior conviction for:

(A) Stalking; or

(B) Violating a court's stalking protective order.

(c) When stalking is a Class C felony pursuant to paragraph (b) of this subsection, stalking shall be classified as a person felony and as crime category 8 of the sentencing guidelines grid of the Oregon Criminal Justice Commission.

163.730. Definitions for ORS 30.866 and 163.730 to 163.750. 1993. Amended 2001.

As used in ORS 30.866 and 163.730 to 163.750, unless the context requires otherwise:

(1) 'Alarm' means to cause apprehension or fear resulting from the perception of danger.
(2) 'Coerce' means to restrain, compel or dominate by force or threat.
(3) 'Contact' includes but is not limited to:
(a) Coming into the visual or physical presence of the other person; (b) Following the other person;
(c) Waiting outside the home, property, place of work or school of the other person or of a member of that person's family or household;
(d) Sending or making written or electronic communications in any form to the other person;
(e) Speaking with the other person by any means;
(f) Communicating with the other person through a third person;
(g) Committing a crime against the other person;
(h) Communicating with a third person who has some relationship to the other person with the intent of affecting the third person's relationship with the other person;
(i) Communicating with business entities with the intent of affecting some right or interest of the other person;
(j) Damaging the other person's home, property, place of work or school; or
(k) Delivering directly or through a third person any object to the home, property, place of work or school of the other person.
(4) 'Household member' means any person residing in the same residence as the victim.
(5) 'Immediate family' means father, mother, child, sibling, parent, spouse, grandparent, stepparent and stepchild.
(6) 'Law enforcement officer' means any person employed in this state as a police officer by a county sheriff, constable, marshal or municipal or state police agency.
(7) 'Repeated' means two or more times.
(8) 'School' means a public or private institution of learning or a child care facility.

163.755. Conduct protected by labor laws. 1995.

Nothing in ORS 30.866 or 163.730 to 163.750 shall be construed to permit the issuance of a court's stalking protective order under ORS 30.866 or 163.738, a citation under ORS 163.735, a criminal prosecution under ORS 163.732 or a civil action under ORS 30.866 for conduct that is authorized or protected by the labor laws of this state or of the United States.

Harassment

166.065. Harassment. 1971. Amended 2001.

(1) A person commits the crime of harassment if the person intentionally: (a) Harasses or annoys another person by: (A) Subjecting such other person to offensive physical contact; or (B) Publicly insulting such other person by abusive words or gestures in a manner intended and likely to provoke a violent response; (b) Subjects another to alarm by conveying a false report, known by the conveyor to be false, concerning death or serious physical injury to a person, which report reasonably would be expected to cause alarm; or (c) Subjects another to alarm by conveying a telephonic, electronic, or written threat to inflict serious physical injury on that person or to commit a felony involving the person or property of that person or any member of that person's family, which threat reasonably would be expected to cause alarm. (2) A person is criminally liable for harassment if the person knowingly permits any telephone or electronic device under the person's control to be used in violation of subsection (1) of this section. (3) Harassment is a Class B misdemeanor. (4) Notwithstanding subsection (3) of this section, harassment is a Class A misdemeanor if a person violates subsection (1) of this section by subjecting another person to offensive physical contact and the offensive physical contact consists of touching the sexual or other intimate parts of the other person.

166.090. Telephonic harassment. 1987. Amended 1999.

(1) A telephone caller commits the crime of telephonic harassment if the caller intentionally harasses or annoys another person: (a) By causing the telephone of the other person to ring, such caller having no communicative purpose; or (b) By causing such other person's telephone to ring, knowing that the caller has been forbidden from so doing by a person exercising lawful authority over the receiving telephone. (2) Telephonic harassment is a Class B misdemeanor.







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Last Updated: May 5, 2011