Oregon Statutes 163.750 – Violating a courts stalking protective order
(1) A person commits the crime of violating a court’s stalking protective order when:
Attorney's Note
Under the Oregon Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class C felony | up to 5 years | up to $125,000 |
| Class A misdemeanor | up to 364 days | up to $6,250 |
Terms Used In Oregon Statutes 163.750
- Conviction: A judgement of guilt against a criminal defendant.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- Sentencing guidelines: A set of rules and principles established by the United States Sentencing Commission that trial judges use to determine the sentence for a convicted defendant. Source: U.S. Courts
(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 under ORS § 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 stalking protective order 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 § 8; 1995 c.353 § 7]
See note under 163.730.