(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: (A) The person has a prior conviction for: (i) Stalking, or an equivalent crime in another jurisdiction; or (ii) Violating a courts 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 the order is not the victim of the current offense; or (C) At least one instance of unwanted contact is the commission of the following against the victim: (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 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. Note: See note under 163.730.
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