75th OREGON LEGISLATIVE ASSEMBLY--2009 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 2922
 
                           A-Engrossed
 
                         House Bill 3271
                  Ordered by the House April 30
            Including House Amendments dated April 30
 
Sponsored by Representative STIEGLER; Representatives BARKER,
  KRIEGER, OLSON, J SMITH, VANORMAN, WHISNANT
 
 
                             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.
 
  Increases penalty for crime of harassment, under certain
circumstances, to maximum of five years' imprisonment, $125,000
fine, or both.
 
                        A BILL FOR AN ACT
Relating to crime; creating new provisions; and amending ORS
  166.065.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. 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) - }  { +  (2)(a) + } 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.
   { +  (b) Harassment that is committed under the circumstances
described in subsection (1)(c) of this section is committed in
either the county in which the communication originated or the
county in which the communication was received. + }
  (3) Harassment is a Class B misdemeanor.
  (4) Notwithstanding subsection (3) of this section  { - , - }
 { + :
  (a) + } 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.
   { +  (b) Harassment is a Class C felony if a person violates
subsection (1)(c) of this section and:
  (A) The person has a previous conviction under subsection
(1)(c) of this section and the victim of the current offense was
the victim or a member of the family of the victim of the
previous offense;
  (B) At the time the offense was committed, the victim was
protected by a stalking protective order, a restraining order as
defined in ORS 24.190 or any other court order prohibiting the
person from contacting the victim;
  (C) At the time the offense was committed, the person
reasonably believed the victim to be under 18 years of age and
more than three years younger than the person; or
  (D)(i) The person conveyed a threat to kill the other person or
any member of the family of the other person;
  (ii) The person expressed the intent to carry out the threat;
and
  (iii) A reasonable person would believe that the threat was
likely to be followed by action.
  (5) As used in this section, 'electronic threat' means a threat
conveyed by electronic mail, the Internet, a telephone text
message or any other transmission of information by wire, radio,
optical cable, cellular system, electromagnetic system or other
similar means. + }
  SECTION 2.  { + The amendments to ORS 166.065 by section 1 of
this 2009 Act apply to offenses committed on or after the
effective date of this 2009 Act. + }
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