2017 ORS 163.732¹
Stalking

(1) A person commits the crime of stalking if:

(a) The person knowingly alarms or coerces another person or a member of that person’s immediate family or household by engaging in repeated and unwanted contact with the other person;

(b) It is objectively reasonable for a person in the victim’s situation to have been alarmed or coerced by the contact; and

(c) The repeated and unwanted contact causes the victim reasonable apprehension regarding the personal safety of the victim or a member of the victim’s immediate family or household.

(2)(a) Stalking is a Class A misdemeanor.

(b) Notwithstanding paragraph (a) of this subsection, stalking is a Class C felony if the person has a prior conviction for:

(A) Stalking; or

(B) Violating a court’s stalking protective order.

(c) When stalking is a Class C felony pursuant to paragraph (b) of this subsection, stalking shall be classified as a person felony and as crime category 8 of the sentencing guidelines grid of the Oregon Criminal Justice Commission. [1993 c.626 §2; 1995 c.353 §2]

Note: See note under 163.730 (Definitions for ORS 30.866 and 163.730 to 163.750).

Notes of Decisions

Where alleged ac­tivity is carried out by communicative means, proof of stalking requires es­tab­lish­ment of actual or substantive threat. State v. Rangel, 146 Or App 571, 934 P2d 1128 (1997), aff’d 328 Or 294, 977 P2d 379 (1999)

Mental ele­ment “knowingly,” when used in conjunc­tion with require­ments of actual alarm by addressee and subjective and objective reasonableness of alarm, is sufficiently specific to prevent overbroad applica­tion to protected speech. State v. Rangel, 328 Or 294, 977 P2d 379 (1999)

Law Review Cita­tions

90 OLR 303 (2011)

§§ 163.730 (Definitions for ORS 30.866 and 163.730 to 163.750) to 163.750 (Violating a court’s stalking protective order)

Notes of Decisions

Require­ment in force prior to 1995 amend­ments that con­duct be “without legitimate purpose” was unconstitu­tionally vague. State v. Norris-Romine/Finley, 134 Or App 204, 894 P2d 1221 (1995), Sup Ct review denied

Chapter 163

Law Review Cita­tions

51 OLR 427-637 (1972)

1 Legislative Counsel Committee, CHAPTER 163—Offenses Against Persons, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors163.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 163, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano163.­html (2017) (last ac­cessed Mar. 30, 2018).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.