Offenses Against Persons

ORS 163.187
Strangulation

(1)

A person commits the crime of strangulation if the person knowingly impedes the normal breathing or circulation of the blood of another person by:

(a)

Applying pressure on the throat, neck or chest of the other person; or

(b)

Blocking the nose or mouth of the other person.

(2)

Subsection (1) of this section does not apply to legitimate medical or dental procedures or good faith practices of a religious belief.

(3)

Strangulation is a Class A misdemeanor.

(4)

Notwithstanding subsection (3) of this section, strangulation is a Class C felony if:

(a)

The crime is committed in the immediate presence of, or is witnessed by, the person’s or the victim’s minor child or stepchild or a minor child residing within the household of the person or the victim;

(b)

The victim is under 10 years of age;

(c)

The victim is a family or household member, as defined in ORS 135.230 (Definitions for ORS 135), of the person;

(d)

During the commission of the crime, the person used, attempted to use or threatened to use a dangerous or deadly weapon, as those terms are defined in ORS 161.015 (General definitions), unlawfully against another;

(e)

The person has been previously convicted of violating this section or ORS 163.160 (Assault in the fourth degree), 163.165 (Assault in the third degree), 163.175 (Assault in the second degree), 163.185 (Assault in the first degree) or 163.190 (Menacing), or of committing an equivalent crime in another jurisdiction, and the victim in the previous conviction is the same person who is the victim of the current crime;

(f)

The person has at least three previous convictions for violating this section or ORS 163.160 (Assault in the fourth degree), 163.165 (Assault in the third degree), 163.175 (Assault in the second degree), 163.185 (Assault in the first degree) or 163.190 (Menacing) or for committing an equivalent crime in another jurisdiction, in any combination; or

(g)

The person commits the strangulation knowing that the victim is pregnant.

(5)

For purposes of subsection (4)(a) of this section, a strangulation is witnessed if the strangulation is seen or directly perceived in any other manner by the child.

(6)

The Oregon Criminal Justice Commission shall classify strangulation committed under the circumstances described in subsection (4)(c) of this section as crime category 5 of the sentencing guidelines grid of the commission. [2003 c.577 §2, 2011 c.666 §1; 2012 c.82 §1; 2015 c.639 §1; 2018 c.84 §1]
Note: 163.187 (Strangulation) was added to and made a part of 163.160 (Assault in the fourth degree) to 163.208 (Assaulting a public safety officer) by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

Notes of Decisions

Strangulation is categorical crime of violence for purposes of removability under Immigration and Nationality Act. Flores-Vega v. Barr, 932 F3d 878 (9th Cir. 2019)

Because proving elements of fourth-degree assault does not necessarily prove all elements of strangulation, charges for crimes do not merge. State v. Merrill, 303 Or App 107, 463 P3d 540 (2020), adhered to as modified on other grounds, 309 Or App 68, 481 P3d 441 (2021), Sup Ct review denied

Source

Last accessed
Mar. 11, 2023

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