ORS 163.187: Strangulation.
Edition: 2025 EditionEffective: 2026-01-01Last verified: 2026-09-07
(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]
Official history and status
History: 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.
This rule cites
- ORS 135.230 — resolved
- ORS 161.015 — resolved
- ORS 163.160 — resolved
- 163.165 — resolved
- 163.175 — resolved
- 163.185 — resolved
- 163.190 — resolved
Cited by
- ORS 40.355: Rule 609. Impeachment by evidence of conviction of crime; exceptions.
- ORS 124.105: Physical abuse subject to action.
- ORS 131.125: Time limitations.
- ORS 133.055: Criminal citation; exception for domestic disturbance; notice of rights.
- ORS 135.703: Crimes subject to being compromised; exceptions.
- ORS 135.951: Authorization; determining when appropriate; exclusions.
- ORS 163.160: Assault in the fourth degree.
- ORS 166.470: Limitations and conditions for sales of firearms.
- ORS 167.320: Animal abuse in the first degree.
- ORS 167.322: Aggravated animal abuse in the first degree.
- ORS 443.004: Criminal records check required for employees and volunteers providing direct care; exceptions; rules.
- OAR 213-003-0001: Definitions
- OAR 213-017-0006: Crime Category 6
- OAR 213-017-0007: Crime Category 5
- OAR 213-018-0067: Strangulation (Felony) (ORS 163.187)
- OAR 407-007-0041: Potentially Disqualifying Convictions
- OAR 407-007-0281: Temporary rule language in effect until 12/01/2026. Potentially Disqualifying Convictions
- OAR 414-061-0045: Disqualifying Conditions for Enrollment
- OAR 575-007-0280: Potentially Disqualifying Crimes
- OAR 836-072-0020: Crimes Relevant to a Fitness Determination
- OAR 863-005-0030: Crimes Relevant to a Criminal Background Fitness Determination
Official source: https://www.oregonlegislature.gov/bills_laws/ors/ors163.html