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ORS 163.187 — Strangulation

Oregon criminal law — ORS Title 16 (2025 snapshot) · legal_authorities

ORS 163.187 — Strangulation

163.187 Strangulation. (1) A person commits the crime of strangulation if the person knowingly impedes the normal breathing or circulation of the blood of another person by: (a) Applying pressure on the throat, neck or chest of the other person; or (b) Blocking the nose or mouth of the other person. (2) Subsection (1) of this section does not apply to legitimate medical or dental procedures or good faith practices of a religious belief. (3) Strangulation is a Class A misdemeanor. (4) Notwithstanding subsection (3) of this section, strangulation is a Class C felony if: (a) The crime is committed in the immediate presence of, or is witnessed by, the person’s or the victim’s minor child or stepchild or a minor child residing within the household of the person or the victim; (b) The victim is under 10 years of age; (c) The victim is a family or household member, as defined in ORS 135.230, of the person; (d) During the commission of the crime, the person used, attempted to use or threatened to use a dangerous or deadly weapon, as those terms are defined in ORS 161.015, unlawfully against another; (e) The person has been previously convicted of violating this section or ORS 163.160, 163.165, 163.175, 163.185 or 163.190, or of committing an equivalent crime in another jurisdiction, and the victim in the previous conviction is the same person who is the victim of the current crime; (f) The person has at least three previous convictions for violating this section or ORS 163.160, 163.165, 163.175, 163.185 or 163.190 or for committing an equivalent crime in another jurisdiction, in any combination; or (g) The person commits the strangulation knowing that the victim is pregnant. (5) For purposes of subsection (4)(a) of this section, a strangulation is witnessed if the

Source: Oregon Legislature — ORS 2025 Edition, Chapter 163 · ORS 163.187

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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Source location: ORS 163.187 (all printed versions and notes)

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163.187 Strangulation. (1) A person commits the crime of strangulation if the person knowingly impedes the normal breathing or circulation of the blood of another person by: (a) Applying pressure on the throat, neck or chest of the other person; or (b) Blocking the nose or mouth of the other person. (2) Subsection (1) of this section does not apply to legitimate medical or dental procedures or good faith practices of a religious belief. (3) Strangulation is a Class A misdemeanor. (4) Notwithstanding subsection (3) of this section, strangulation is a Class C felony if: (a) The crime is committed in the immediate presence of, or is witnessed by, the person’s or the victim’s minor child or stepchild or a minor child residing within the household of the person or the victim; (b) The victim is under 10 years of age; (c) The victim is a family or household member, as defined in ORS 135.230, of the person; (d) During the commission of the crime, the person used, attempted to use or threatened to use a dangerous or deadly weapon, as those terms are defined in ORS 161.015, unlawfully against another; (e) The person has been previously convicted of violating this section or ORS 163.160, 163.165, 163.175, 163.185 or 163.190, or of committing an equivalent crime in another jurisdiction, and the victim in the previous conviction is the same person who is the victim of the current crime; (f) The person has at least three previous convictions for violating this section or ORS 163.160, 163.165, 163.175, 163.185 or 163.190 or for committing an equivalent crime in another jurisdiction, in any combination; or (g) The person commits the strangulation knowing that the victim is pregnant. (5) For purposes of subsection (4)(a) of this section, a strangulation is witnessed if the strangulation is seen or directly perceived in any other manner by the child. (6) The Oregon Criminal Justice Commission shall classify strangulation committed under the circumstances described in subsection (4)(c) of this section as crime category 5 of the sentencing guidelines grid of the commission. [2003 c.577 §2, 2011 c.666 §1; 2012 c.82 §1; 2015 c.639 §1; 2018 c.84 §1] Note: 163.187 was added to and made a part of 163.160 to 163.208 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

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Oregon criminal law — ORS Title 16 (2025 snapshot) · legal_authorities

ORS 161.015 — General definitions

161.015 General definitions. As used in chapter 743, Oregon Laws 1971, and ORS 166.635, unless the context requires otherwise: (1) “Dangerous weapon” means any weapon, device, instrument, material or substance which under the circumstances in which it is used, attempted to be used or threatened to be used, is readily capable of causing death or serious physical injury. (2) “Deadly weapon” means any instrument, article or substance specifically designed for and presently capable of causing death or serious physical injury. (3) “Deadly physical force” means physical force that under the circumstances in which it is used is readily capable of causing death or serious physical injury. (4) “Peace officer” means: (a) A member of the Oregon State Police; (b) A sheriff, constable, marshal, municipal police officer or reserve officer as defined in ORS 133.005, or a police officer commissioned by a university under ORS 352.121 or 353.125; (c) An investigator of the Criminal Justice Division of the Department of Justice or investigator of a district attorney’s office; (d) A humane special agent as defined in ORS 181A.345; (e) A regulatory specialist exercising authority described in ORS 471.775 (2); (f) An authorized tribal police officer as defined in ORS 181A.940; and (g) Any other person designated by law as a peace officer. (5) “Person” means a human being and, where appropriate, a public or private corporation, an unincorporated association, a partnership, a government or a governmental instrumentality. (6) “Physical force” includes, but is not limited to, the use of an electrical stun gun, tear gas or mace. (7) “Physical injury” means impairment of physical condition or substantial pain. (8) “Serious physical injury” means physical injury which creates a subst

Source: Oregon Legislature — ORS 2025 Edition, Chapter 161 · ORS 161.015

Stored review status: 2025_edition_later_amendments_unresolved. Explicit ORS citation in the printed section; applicability is unreviewed.

Oregon criminal law — ORS Title 16 (2025 snapshot) · legal_authorities

ORS 163.160 — Assault in the fourth degree

163.160 Assault in the fourth degree. (1) A person commits the crime of assault in the fourth degree if the person: (a) Intentionally, knowingly or recklessly causes physical injury to another; (b) With criminal negligence causes physical injury to another by means of a deadly weapon; or (c) With criminal negligence causes serious physical injury to another who is a vulnerable user of a public way, as defined in ORS 801.608, by means of a motor vehicle. (2) Assault in the fourth degree is a Class A misdemeanor. (3) Notwithstanding subsection (2) of this section, assault in the fourth degree under subsection (1)(a) or (b) of this section is a Class C felony if the person commits the crime of assault in the fourth degree and: (a) The assault is committed in the immediate presence of, or is witnessed by, the person’s or the victim’s minor child or stepchild or a minor child residing within the household of the person or victim; (b) The person has been previously convicted of violating this section or ORS 163.165, 163.175, 163.185, 163.187 or 163.190, or of committing an equivalent crime in another jurisdiction, and the victim in the previous conviction is the same person who is the victim of the current crime; (c) The person has at least three previous convictions for violating this section or ORS 163.165, 163.175, 163.185, 163.187 or 163.190 or for committing an equivalent crime in another jurisdiction, in any combination; (d) The person commits the assault knowing that the victim is pregnant; or (e)(A) The assault is committed against a victim who is performing official duties as part of the victim’s employment; and (B) The person has two or more previous convictions for violating this section or ORS 163.165, 163.175 or 163.185, or for committing an equivalent

Source: Oregon Legislature — ORS 2025 Edition, Chapter 163 · ORS 163.160

Stored review status: 2025_edition_later_amendments_unresolved. Explicit ORS citation in the printed section; applicability is unreviewed.