ORS 166.065
Harassment


Mentioned in

The Oregon Harassment Laws & Penalties Guide

Powell Law PC, January 27, 2023

“Harassment in Oregon includes behaviors such as verbal abuse, inappropriate jokes, posting comments about you on social media, bullying, or even making faces at you.”
 
Bibliographic info

(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)

Intentionally left blank —Ed.

(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, harassment is a Class A misdemeanor if a person violates:

(a)

Subsection (1)(a)(A) of this section by subjecting another person to offensive physical contact and:

(A)

The offensive physical contact consists of touching the sexual or other intimate parts of the other person; or

(B)

Intentionally left blank —Ed.
(i)
The victim of the offense is a family or household member of the person; and
(ii)
The offense 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

(b)

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 (Foreign restraining orders) 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)

Intentionally left blank —Ed.
(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)

The Oregon Criminal Justice Commission shall classify harassment as described in subsection (4)(a)(B) of this section as a person Class A misdemeanor under the rules of the commission.

(6)

Intentionally left blank —Ed.

(a)

As used in this section:

(A)

“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.

(B)

“Family or household member” has the meaning given that term in ORS 135.230 (Definitions for ORS 135.230 to 135.290).

(b)

For purposes of subsection (4) of this section, an offense is witnessed if the offense is seen or directly perceived in any other manner by the minor child. [1971 c.743 §223; 1981 c.468 §1; 1985 c.498 §1; 1987 c.806 §3; 1995 c.802 §1; 2001 c.870 §2; 2009 c.783 §1; 2013 c.649 §26; 2017 c.430 §1; 2019 c.304 §3]

Notes of Decisions

“Course of conduct” is a pattern of conduct composed of same or similar acts repeated over a period of time, however short, which establishes a continuity of purpose in the mind of the actor. State v. Sallinger, 11 Or App 592, 504 P2d 1283 (1972)

“Offensive physical contact” includes striking, slapping, shoving, kicking, grabbing and similar acts that are an interference with the contactee, regardless of whether they produce any pain or discomfort. State v. Sallinger, 11 Or App 592, 504 P2d 1283 (1972)

Requirement that person act with specific intent to “harass, annoy or alarm” is not unconstitutionally vague. State v. Sallinger, 11 Or App 592, 504 P2d 1283 (1972)

Requirement that person subject another person to “offensive physical contact” is not unconstitutionally vague. State v. Sallinger, 11 Or App 592, 504 P2d 1283 (1972)

Prohibition against conduct constituting harassment by “telephone, mail or other form of written communication” is not unconstitutionally vague. State v. Zeit, 22 Or App 480, 539 P2d 1130 (1975)

Prohibition against conduct that “alarms or seriously annoys” another person is unconstitutionally vague. State v. Sanderson, 33 Or App 173, 575 P2d 1025 (1978)

Notwithstanding that initial stop of defendant was unlawful under ORS 131.615, such illegality did not render inadmissible defendant’s subsequent behavior, for which he was charged under this section. State v. Gaffney, 36 Or App 105, 583 P2d 582 (1978), Sup Ct review denied

Spitting on another can be offensive physical contact within meaning of this section. State v. Keller, 40 Or App 143, 594 P2d 1250 (1979)

Prohibition against communications that are “likely to cause annoyance or alarm” is unconstitutionally vague. State v. Blair, 287 Or 519, 601 P2d 766 (1979)

Publicly insulting another by abusive or obscene words or gestures in manner likely to provoke violent or disorderly response with intent to harass, annoy or alarm, violates section 8, Article I, Oregon Constitution, because it is directed to speech and is not “wholly confined within some historical exception” to that constitutional section. State v. Harrington, 67 Or App 608, 680 P2d 666 (1984), Sup Ct review denied

Proscription against “offensive physical contact” is directed toward conduct not speech and does not violate section 8, Article I, Oregon Constitution. State v. Beebe, 67 Or App 738, 680 P2d 11 (1984), Sup Ct review denied

Harassment by causing telephone to ring with no communicative purpose, is clear and unambiguous. State v. Lowery, 71 Or App 833, 693 P2d 1343 (1984)

Prohibition against telephonic or written threats, where focus is on effect not speech and effect must be objectively as well as subjectively genuine, is neither constitutionally overbroad nor vague. State v. Moyle, 299 Or 691, 705 P2d 740 (1985)

Telephonic or written threat must be genuine and pose objective risk of breach of peace and failure by defendant to act on threat may suggest it was not genuine, but failure does not compel such conclusion. State v. Mapula, 80 Or App 146, 720 P2d 1336 (1986), Sup Ct review denied

Harassment did not occur by phoning of bomb threat when recipient of threat was not actually placed in fear. State v. Wilson, 81 Or App 48, 724 P2d 840 (1986), Sup Ct review denied

Where harassment is not lesser included offense under charge of assault in fourth degree, defendant’s conviction for harassment is reversed. State v. Warren, 101 Or App 446, 790 P2d 47 (1990)

Harassment by touching sexual or intimate parts of another is not lesser included offense of sexual abuse in first degree (ORS 163.427). State v. Barnes, 209 Or App 332, 147 P3d 936 (2006), Sup Ct review denied

Prohibition of this section is facially overbroad so as to violate constitutional right of free speech. State v. Johnson, 345 Or 190, 191 P3d 665 (2008)

166.005
Treason
166.015
Riot
166.023
Disorderly conduct in the first degree
166.025
Disorderly conduct in the second degree
166.065
Harassment
166.070
Aggravated harassment
166.075
Abuse of venerated objects
166.076
Abuse of a memorial to the dead
166.085
Abuse of corpse in the second degree
166.087
Abuse of corpse in the first degree
166.090
Telephonic harassment
166.095
Misconduct with emergency telephone calls
166.116
Interfering with public transportation
166.155
Bias crime in the second degree
166.165
Bias crime in the first degree
166.167
Community service as sentence for bias crime
166.170
State preemption
166.171
Authority of county to regulate discharge of firearms
166.172
Authority of city to regulate discharge of firearms
166.173
Authority of city or county to regulate possession of loaded firearms in public places
166.174
Authority of city, county, municipal corporation or district to regulate possession or sale of firearms
166.175
Authority of city to regulate purchase of used firearms
166.176
Exception to preemption for certain county ordinances
166.180
Negligently wounding another
166.190
Pointing firearm at another
166.210
Definitions
166.220
Unlawful use of weapon
166.240
Carrying of concealed weapons
166.250
Unlawful possession of firearms
166.255
Possession of firearm or ammunition by certain persons prohibited
166.256
Relinquishment of firearm upon person becoming subject to certain court orders
166.257
Return of relinquished firearm
166.259
Relinquishment of firearm upon conviction of certain offenses
166.260
Persons not affected by ORS 166.250
166.262
Limitation on peace officer’s authority to arrest for violating ORS 166.250 or 166.370
166.263
Authority of parole and probation officer to carry firearm
166.270
Possession of weapons by certain felons
166.272
Unlawful possession of machine guns, certain short-barreled firearms and firearms silencers
166.273
Relief from firearm prohibitions related to mental health
166.274
Relief from prohibition against possessing or receiving firearm
166.275
Possession of weapons by inmates of institutions
166.279
Forfeiture of deadly weapons
166.282
Sale of weapons by political subdivision
166.291
Issuance of concealed handgun license
166.292
Procedure for issuing
166.293
Denial or revocation of license
166.295
Renewal of license
166.297
Annual report regarding revocation of licenses
166.300
Killing or injuring another with firearm as cause for loss of right to bear arms
166.320
Setting springgun or setgun
166.330
Use of firearms with other than incombustible gun wadding
166.350
Unlawful possession of armor piercing ammunition
166.360
Definitions for ORS 166.360 to 166.380
166.370
Possession of firearm or dangerous weapon in public building or court facility
166.373
Possession of weapon in court facility by peace officer or federal officer
166.375
Possession of handgun or ammunition by Department of Corrections authorized staff member
166.377
Possession of firearms in certain public buildings by concealed handgun licensees
166.380
Examination of firearm by peace officer
166.382
Possession of destructive device prohibited
166.384
Unlawful manufacture of destructive device
166.385
Possession of hoax destructive device
166.390
Short title
166.392
Definitions
166.395
Securing firearms
166.397
Reporting loss or theft of firearm
166.400
Requirement that firearm be locked during transfer
166.403
Duty to supervise upon transfer of firearm to minor
166.405
Gun dealer notice requirement
166.410
Manufacture, importation or sale of firearms
166.412
Definitions
166.414
Fees for conducting criminal history record checks
166.416
Providing false information in connection with a transfer of a firearm
166.418
Improperly transferring a firearm
166.421
Stolen firearms
166.422
Enforcement of ORS 166.412
166.425
Unlawfully purchasing a firearm
166.427
Register of transfers of used firearms
166.429
Firearms used in felony
166.432
Definitions for ORS 166.412 and 166.433 to 166.441
166.433
Findings regarding transfers of firearms
166.434
Requirements for criminal background checks
166.435
Firearm transfers by unlicensed persons
166.436
Department of State Police criminal background checks for gun show firearm transfers
166.438
Transfer of firearms at gun shows
166.441
Form for transfer of firearm at gun show
166.445
Short title
166.450
Obliteration or change of identification number on firearms
166.460
Antique firearms excepted
166.470
Limitations and conditions for sales of firearms
166.480
Sale or gift of explosives to children
166.490
Purchase of firearms in certain other states
166.525
Definitions
166.527
Petition for ex parte order
166.530
Hearing on order
166.533
Hearing to terminate order
166.535
Renewal of order
166.537
Surrender of deadly weapons pursuant to order
166.540
Return of surrendered deadly weapons
166.543
Criminal penalties
166.630
Discharging weapon on or across highway, ocean shore recreation area or public utility facility
166.635
Discharging weapon or throwing objects at trains
166.638
Discharging weapon across airport operational surfaces
166.641
Definitions for ORS 166.641 to 166.643
166.642
Felon in possession of body armor
166.643
Unlawful possession of body armor
166.645
Hunting in cemeteries prohibited
166.649
Throwing an object off an overpass in the second degree
166.651
Throwing an object off an overpass in the first degree
166.660
Unlawful paramilitary activity
166.663
Casting artificial light from vehicle while possessing certain weapons prohibited
166.715
Definitions for ORS 166.715 to 166.735
166.720
Racketeering activity unlawful
166.725
Remedies for violation of ORS 166.720
166.730
Authority of investigative agency
166.735
Short title
Green check means up to date. Up to date