74th OREGON LEGISLATIVE ASSEMBLY--2007 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 2217
 
                         House Bill 3329
 
Sponsored by Representatives GELSER, P SMITH; Representatives
  BARKER, BONAMICI, FLORES, READ
 
 
                             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 crime of strangulation in certain
circumstances. Punishes by maximum of five years' imprisonment,
$125,000 fine, or both.
 
                        A BILL FOR AN ACT
Relating to strangulation; amending ORS 163.187.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 163.187 is amended to read:
  163.187. (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 or neck 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 victim;
  (b) The person used, attempted to use or threatened to use a
dangerous weapon while committing the crime;
  (c) The person caused physical injury to the victim while
committing the crime;
  (d) The person has been convicted previously of violating this
section;
  (e) The person has been convicted previously of violating ORS
163.160, 163.165, 163.175, 163.185 or 163.190 and the victim in
the previous conviction is the same person who is the victim of
the current conviction; or
  (f) The person has at least three previous convictions of any
combination of ORS 163.160, 163.165, 163.175, 163.185 or 163.190
or of equivalent crimes in other jurisdictions. + }
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