Addendum 3 - Oregon Revised Statute Definition for Interpersonal Violence

3

Oregon Revised Statute Definition for Interpersonal Violence

Domestic Violence (including Dating Violence)

The Oregon Revised Statutes define “domestic violence” in ORS 135.230 to mean abuse between family or household members. "Family or household members" means any of the following:

  • Spouses,
  • Former spouses,
  • Adult persons related by blood or marriage,
  • Persons cohabiting with each other,
  • Persons who have cohabited with each other or who have been involved in a sexually intimate relationship, or
  • Unmarried parents of a minor child.

In Oregon, there is no single crime of domestic violence. The term is used to describe any number of crimes (assault, murder, burglary, harassment, menacing) that occur between family or household members. “Abuse” is defined as the occurrence of one or more of the following acts between family or household members:

  1. Attempting to cause or intentionally, knowingly, or recklessly causing bodily injury;
  2. Intentionally, knowingly, or recklessly placing another in fear of imminent bodily injury; or
  3. Causing another to engage in involuntary sexual relations by force or threat of force.

Stalking

The Oregon Revised Statutes defines stalking in ORS 163.732.

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

(a)The person knowingly alarms or coerces another person or a member of that persons 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 victims 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 victims 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 courts stalking protective order.

(c) When stalking is a Class C felony pursuant to paragraph (b) of this subsection, talking 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].