Oregon Stalking Laws


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ORS § 163.730. Definitions

As used in ORS 30.866 and 163.730 to 163.750, unless the context requires otherwise:

  • (1) "Alarm" means to cause apprehension or fear resulting from the perception of danger.
  • (2) "Coerce" means to restrain, compel or dominate by force or threat.
  • (3) "Contact" includes but is not limited to:
    • (a) Coming into the visual or physical presence of the other person;
    • (b) Following the other person;
    • (c) Waiting outside the home, property, place of work or school of the other person or of a member of that person's family or household;
    • (d) Sending or making written or electronic communications in any form to the other person;
    • (e) Speaking with the other person by any means;
    • (f) Communicating with the other person through a third person;
    • (g) Committing a crime against the other person;
    • (h) Communicating with a third person who has some relationship to the other person with the intent of affecting the third person's relationship with the other person;
    • (i) Communicating with business entities with the intent of affecting some right or interest of the other person;
    • (j) Damaging the other person's home, property, place of work, or school;
    • (k) Delivering directly or through a third person any object to the home, property, place of work, or school of the other person; or
    • (L) Service of process or other legal documents unless the other person is served as provided in ORCP 7 or 9.
  • (4) "Household member" means any person residing in the same residence as the victim.
  • (5) "Immediate family" means father, mother, child, sibling, spouse, grandparent, stepparent, and stepchild.
  • (6) "Law enforcement officer" means:
    • (a) A person employed in this state as a police officer by:
      • (A) A county sheriff, constable, or marshal;
      • (B) A police department established by a university under ORS 352.383 or 353.125; or
      • (C) A municipal or state police agency; or
    • (b) An authorized tribal police officer as defined in section 1, chapter 644, Oregon Laws 2011.
  • (7) "Repeated" means two or more times.
  • (8) "School" means a public or private institution of learning or a child care facility.

Note: 163.730 to 163.753 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 163 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

ORS § 163.732. Stalking. (1995)

  • (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.

ORS § 163.750. Violating court's stalking protective order. (1995)

  • (1) A person commits the crime of violating a court's stalking protective order when:
    • (a) The person has been served with a court's stalking protective order as provided in ORS 30.866 or 163.738 or if further service was waived underORS 163.741 because the person appeared before the court;
    • (b) The person, subsequent to the service of the order, has engaged intentionally, knowingly or recklessly in conduct prohibited by the order; and
    • (c) If the conduct is prohibited contact as defined in ORS 163.730 (3)(d), (e), (f), (h) or (i), the subsequent conduct has created reasonable apprehension regarding the personal safety of a person protected by the order.
  • (2)
    • (a) Violating a court's stalking protective order is a Class A misdemeanor.
    • (b) Notwithstanding paragraph (a) of this subsection, violating a court's stalking protective order 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 violating a court's stalking protective order is a Class C felony pursuant to paragraph (b) of this subsection, violating a court's stalkingprotective order shall be classified as a person felony and as crime category 8 of the sentencing guidelines grid of the Oregon Criminal Justice Commission.

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The Anti-Gang Stalking Center was created in response to the Organized Crime Pandemic called Organized Stalking (a.k.a. Organized Gang Stalking and Community Stalking) and its various forms of Electronic Harassment and Torture.

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