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 3979
 
                         House Bill 3923
 
Sponsored by Representative NELSON; Representatives BACKLUND,
  BROWN, HANSEN, NOLAN, P SMITH, VERGER, ZAUNER (at the request
  of Herman Braxton)
 
 
                             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 as
introduced.
 
  Enhances penalties for assault in fourth degree and harassment
if actor suffocates or chokes victim.
 
                        A BILL FOR AN ACT
Relating to crime; amending ORS 163.160 and 166.065.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 163.160 is amended to read:
  163.160. (1) A person commits the crime of assault in the
fourth degree if the person:
  (a) Intentionally, knowingly or recklessly causes physical
injury to another; or
  (b) With criminal negligence causes physical injury to another
by means of a deadly weapon.
  (2) Assault in the fourth degree is a Class A misdemeanor.
  (3) Notwithstanding subsection (2) of this section, assault in
the fourth degree is a Class C felony if the person commits the
crime of assault in the fourth degree and:
  (a) The person has previously been convicted of assaulting the
same victim;
  (b) The person has previously been convicted at least three
times under this section or under equivalent laws of another
jurisdiction and all of the assaults involved domestic violence,
as defined in ORS 135.230;   { - or - }
  (c) The assault 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 victim { + ; or
  (d) During the assault, the person suffocates or chokes the
victim + }.
  (4) For the purposes of subsection (3) of this section, an
assault is witnessed if the assault is seen or directly perceived
in any other manner by the child.
  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 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 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 { + :
  (a) + } Touching the sexual or other intimate parts of the
other person { + ; or
  (b) Suffocating or choking the other person + }.
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