163.730 Definitions for ORS 30.866 and 163.730 to 163.750. 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;
(L) Service of process or other legal documents unless the other person is served as provided in ORCP 7 or 9;
(m) Obtaining, possessing, transferring, creating, uttering or converting to the person’s own use the personal identification of the other person;
(n) Disclosing an image of the other person, whose intimate parts are visible or who is engaged in sexual conduct, without the consent of the other person;
(o) The use of an electronic service, appli
Stored review status: 2025_edition_later_amendments_unresolved. A text match is a research starting point; applicability is not established.
Official chapter context and edition notices
Chapter 163 — Offenses Against Persons
2025 EDITION
OFFENSES AGAINST PERSONS
CRIMES AND PUNISHMENTS
HOMICIDE
ASSAULT AND RELATED OFFENSES
KIDNAPPING AND RELATED OFFENSES
COERCION
SEXUAL OFFENSES
OFFENSES AGAINST FAMILY
VISUAL RECORDING OF SEXUAL CONDUCT OF CHILDREN
INVASION OF PRIVACY
MISCELLANEOUS
STALKING
SEXUAL ABUSE RESTRAINING ORDERS
HOMICIDE
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Stable record: oregon_criminal_law:legal_authorities:163.730 Source file: ors163.html Pages: Not recorded – Not recorded Passage SHA-256: b0ff4f45dbf4dace78227cd15e60d3d3dbcb610d543574758da6ba8e47fbda05 Retained source evidence SHA-256: 81109a43a5631ebec4ebfde641092a6c60ecd13ec77452c9939b53ff86a4d40c
Source location: ORS 163.730 (all printed versions and notes)
Stored source content
163.730 Definitions for ORS 30.866 and 163.730 to 163.750. 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;
(L) Service of process or other legal documents unless the other person is served as provided in ORCP 7 or 9;
(m) Obtaining, possessing, transferring, creating, uttering or converting to the person’s own use the personal identification of the other person;
(n) Disclosing an image of the other person, whose intimate parts are visible or who is engaged in sexual conduct, without the consent of the other person;
(o) The use of an electronic service, application, device or other electronic means to obtain, monitor or interfere with the location, communication or activities of the other person, without the consent of the other person; or
(p) Causing a third person to harass, humiliate or injure the other person by disclosing the other person’s name, image or personal information, as that term is defined in ORS 30.835, without the consent of the other person.
(4) “Disclose” has the meaning given that term in ORS 163.472.
(5) “Household member” means any person residing in the same residence as the victim.
(6) “Immediate family” means father, mother, child, sibling, spouse, grandparent, stepparent and stepchild.
(7) “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 352.121 or 353.125; or
(C) A municipal or state police agency; or
(b) An authorized tribal police officer as defined in ORS 181A.940.
(8) “Personal identification” has the meaning given that term in ORS 165.800.
(9) “Repeated” means two or more times.
(10) “School” means a public or private institution of learning or a child care facility. [1993 c.626 §1; 1995 c.278 §27; 1995 c.353 §1; 2001 c.870 §1; 2007 c.71 §46; 2009 c.359 §2; 2011 c.644 §§24,66,73; 2013 c.180 §§25,26; 2015 c.174 §12; 2024 c.90 §1]
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.
Cross-references
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Oregon criminal law — ORS Title 16 (2025 snapshot) · legal_authorities
163.472 Unlawful dissemination of an intimate image. (1) A person commits the crime of unlawful dissemination of an intimate image if:
(a) The person, with the intent to harass, humiliate or injure another person, knowingly causes to be disclosed an image of the other person whose intimate parts are visible or who is engaged in sexual conduct;
(b) The person knows or reasonably should have known that the other person does not consent to the disclosure;
(c) The other person is harassed, humiliated or injured by the disclosure; and
(d) A reasonable person would be harassed, humiliated or injured by the disclosure.
(2)(a) Except as provided in paragraph (b) of this subsection, unlawful dissemination of an intimate image is a Class A misdemeanor.
(b) Unlawful dissemination of an intimate image is a Class C felony if the person has a prior conviction under this section at the time of the offense.
(3) As used in this section:
(a) “Disclose” includes, but is not limited to, transfer, publish, distribute, exhibit, advertise and offer.
(b) “Image” includes, but is not limited to, the following, regardless of the manner in which the image is stored:
(A) A photograph, film, videotape, recording, digital picture or other visual reproduction.
(B) A digitally created, manipulated or altered depiction that is reasonably realistic.
(c) “Information content provider” has the meaning given that term in 47 U.S.C. 230(f).
(d) “Interactive computer service” has the meaning given that term in 47 U.S.C. 230(f).
(e) “Intimate parts” means uncovered human genitals, pubic areas or female nipples.
(f) “Sexual conduct” means sexual intercourse or oral or anal sexual intercourse, as those terms are defined in ORS 163.305, or masturbation.
(4) This section does not apply to:
(a) Act
165.800 Identity theft. (1) A person commits the crime of identity theft if the person, with the intent to deceive or to defraud, obtains, possesses, transfers, creates, utters or converts to the person’s own use the personal identification of another person.
(2) Identity theft is a Class C felony.
(3) It is an affirmative defense to violating subsection (1) of this section that the person charged with the offense:
(a) Was under 21 years of age at the time of committing the offense and the person used the personal identification of another person solely for the purpose of purchasing alcohol, tobacco products as defined in ORS 431A.175 or inhalant delivery systems as defined in ORS 431A.175; or
(b) Used the personal identification of another person solely for the purpose of misrepresenting the person’s age to gain access to a:
(A) Place the access to which is restricted based on age; or
(B) Benefit based on age.
(4) As used in this section:
(a) “Another person” means an individual, whether living or deceased, an imaginary person or a firm, association, organization, partnership, business trust, company, corporation, limited liability company, professional corporation or other private or public entity.
(b) “Personal identification” includes, but is not limited to, any written document or electronic data that does, or purports to, provide information concerning:
(A) A person’s name, address or telephone number;
(B) A person’s driving privileges;
(C) A person’s Social Security number or tax identification number;
(D) A person’s citizenship status or an identification number assigned to a noncitizen;
(E) A person’s employment status, employer or place of employment;
(F) The identification number assigned to a person by a person’s employer;
(G) The maiden name
163.434 Provisions applicable to online sexual corruption of a child. (1) It is an affirmative defense to a prosecution for online sexual corruption of a child in the first or second degree that the person was not more than three years older than the person reasonably believed the child to be.
(2) It is not a defense to a prosecution for online sexual corruption of a child in the first or second degree that the person was in fact communicating with a law enforcement officer, as defined in ORS 163.730, or a person working under the direction of a law enforcement officer, who is 16 years of age or older.
(3) Online sexual corruption of a child in the first or second degree is committed in either the county in which the communication originated or the county in which the communication was received. [2007 c.876 §4]
Note: See note under 163.431.
163.738 Effect of citation; contents; hearing; court’s order; use of statements made at hearing. (1)(a) A citation shall notify the respondent of a circuit court hearing where the respondent shall appear at the place and time set forth in the citation. The citation shall contain:
(A) The name of the court at which the respondent is to appear;
(B) The name of the respondent;
(C) A copy of the stalking complaint;
(D) The date, time and place at which the citation was issued;
(E) The name of the law enforcement officer who issued the citation;
(F) The time, date and place at which the respondent is to appear in court;
(G) Notice to the respondent that failure to appear at the time, date and place set forth in the citation shall result in the respondent’s arrest and entry of a court’s stalking protective order; and
(H) Notice to the respondent of potential liability under federal law for the possession or purchase of firearms or firearm ammunition and for other acts prohibited by 18 U.S.C. 2261 to 2262.
(b) The officer shall notify the petitioner in writing of the place and time set for the hearing.
(2)(a) The hearing shall be held as indicated in the citation. At the hearing, the petitioner may appear in person or by telephonic appearance. The respondent shall be given the opportunity to show cause why a court’s stalking protective order should not be entered. The hearing may be continued for up to 30 days. The court may enter:
(A) A temporary stalking protective order pending further proceedings; or
(B) A court’s stalking protective order if the court finds by a preponderance of the evidence that:
(i) The person intentionally, knowingly or recklessly engages in repeated and unwanted contact with the other person or a member of that person’s immediate family o
163.750 Violating a court’s stalking protective order. (1) A person commits the crime of violating a court’s stalking protective order if:
(a) The person has been served with a court’s stalking protective order as provided in ORS 30.866 or 163.738, or service was waived under ORS 163.741 because the person appeared before the court;
(b) The person, subsequent to the service of the order or the waiver of service, 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:
(A) The person has a prior conviction for:
(i) Stalking, or an equivalent crime in another jurisdiction; or
(ii) Violating a court’s stalking protective order, or an equivalent crime in another jurisdiction;
(B) The person is the respondent for an active protection order in any jurisdiction that restrains the person from stalking, intimidating, molesting or menacing another person, and the person protected by that order is not the same as the person protected by the order at issue in the current offense; or
(C) At least one instance of unwanted contact is the commission of the following against the person protected by the order:
(i) A felony;
(ii) Unlawful dissemination of an intimate image under ORS 163.472; or
(iii) Unlawful use of a global positioning system device under ORS 163.715.
(c) When violating a court’s stalking protective order i