Oregon
This page lists the most applicable state crimes addressing stalking. However, depending on the facts of the case, a stalker might also be charged with other crimes, such as trespassing, intimidation of a witness, breaking and entering, etc. Check your state code or consult with your local prosecutor about other charges that might apply in a particular case.
ORS § 163.732. Stalking. (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.
ORS § 163.750.
Violating court's stalking protective order.
(1995)
(1)
A
person commits the crime of violating a court's stalking
protective order when:
(a)
The
person has been served with a court's stalking
protective order as provided in ORS
30.866 or 163.738
or if further service was waived under ORS
163.741 because the person appeared before the
court;
(b)
The
person, subsequent to the service of the order, has engaged intentionally,
knowingly or recklessly in conduct prohibited by the order;
and
(c)
If the
conduct is prohibited contact as defined in ORS
163.730 (3)(d), (e), (f), (h) or (i), the subsequent conduct has
created reasonable apprehension regarding the personal safety of a person
protected by the order.
(2) (a) Violating
a court's stalking
protective order is a Class A misdemeanor.
(b) Notwithstanding paragraph (a)
of this subsection, violating a court's
stalking protective order 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 violating a court's stalking
protective order is a Class C felony
pursuant to
paragraph (b) of this subsection, violating a court's stalking
protective order shall be classified as a person felony and as crime category 8
of the sentencing guidelines grid of the Oregon Criminal Justice
Commission.
ORS §
166.065.
Harassment.
(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.
ORS § 166.090.
Telephonic harassment.
(2005)
(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;
(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; or
(c)
By
sending to, or leaving at, the other person's telephone a text message, voice
mail or any other message, 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.
(3)
It is
an affirmative defense to a charge of violating subsection (1) of this section
that the caller is a debt collector, as defined in ORS
646.639, who engaged in the conduct proscribed by subsection (1) of
this section while attempting to collect a debt. The affirmative defense created
by this subsection does not apply if the debt collector committed the unlawful
collection practice described in ORS
646.639 (2)(a) while engaged in the conduct proscribed by subsection
(1) of this section.