71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 3447
 
                           A-Engrossed
 
                         House Bill 2918
                  Ordered by the House April 20
            Including House Amendments dated April 20
 
Sponsored by Representatives DEVLIN, TOMEI; Representatives HILL,
  MERKLEY, WITT
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.
 
  Specifies that electronic communication is contact for purposes
of stalking. Includes electronic threats within crime of
harassment.
 
                        A BILL FOR AN ACT
Relating to crime; amending ORS 163.730 and 166.065.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 163.730 is amended to read:
  163.730. 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.
  SECTION 2. ORS 166.065 is amended to read:
  166.065. (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.
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