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
 
                         House Bill 3271
 
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 as
introduced.
 
  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 conveyed a threat to kill the other person or
any member of the family of the other person;
  (B) The person has a previous conviction under subsection
(1)(c) of this section and the victim of the current offense was
the victim or member of the family of the victim of the previous
offense; or
  (C) At the time the person committed the offense:
  (i) The person reasonably believed that the victim was under 18
years of age; or
  (ii) 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.
  (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, an 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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