ORS 163.732
Stalking


(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. [1993 c.626 §2; 1995 c.353 §2]
Note: See note under 163.730 (Definitions for ORS 30.866 and 163.730 to 163.750).

Notes of Decisions

Where alleged activity is carried out by communicative means, proof of stalking requires establishment of actual or substantive threat. State v. Rangel, 146 Or App 571, 934 P2d 1128 (1997), aff’d 328 Or 294, 977 P2d 379 (1999)

Mental element “knowingly,” when used in conjunction with requirements of actual alarm by addressee and subjective and objective reasonableness of alarm, is sufficiently specific to prevent overbroad application to protected speech. State v. Rangel, 328 Or 294, 977 P2d 379 (1999)

Law Review Citations

90 OLR 303 (2011)

§§ 163.730 to 163.750

Notes of Decisions

Requirement in force prior to 1995 amendments that conduct be “without legitimate purpose” was unconstitutionally vague. State v. Norris-Romine/Finley, 134 Or App 204, 894 P2d 1221 (1995), Sup Ct review denied

Chapter 163

Law Review Citations

51 OLR 427-637 (1972)


Source
Last accessed
May. 15, 2020