(1)A person commits the crime of aggravated harassment if the person, knowing that the other person is a:
(a)Staff member, knowingly propels saliva, blood, urine, semen, feces or other dangerous substance at the staff member while the staff member is acting in the course of official duty or as a result of the staff member’s official duties;
(b)Public safety officer, knowingly propels blood, urine, semen or feces at the public safety officer while the public safety officer is acting in the course of official duty or as a result of the public safety officer’s official duties; or
(c)Public safety officer, intentionally propels saliva at the public safety officer, and the saliva comes into physical contact with the public safety officer, while the public safety officer is acting in the course of official duty or as a result of the public safety officer’s official duties.
(2)Aggravated harassment is a Class C felony. When a person is convicted of violating subsection (1)(a) of this section, in addition to any other sentence it may impose, the court shall impose a term of incarceration in a state correctional facility.
(3)As used in this section:
(a)“Public safety officer” means an emergency medical services provider as defined in ORS 682.025 (Definitions), a regulatory specialist as defined in ORS 471.001 (Definitions for ORS chapters 471 and 473) or a fire service professional, a parole and probation officer or a police officer as those terms are defined in ORS 181A.355 (Definitions for ORS 181A.355 to 181A.670).
(b)“Staff member” has the meaning given that term in ORS 163.165 (Assault in the third degree). [2009 c.783 §2; 2011 c.703 §28; 2012 c.54 §27; 2013 c.477 §1; 2015 c.614 §151]
Law Review Citations
51 OLR 427-637 (1972); 69 OLR 169 (1990)