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 is a Class C felony pursuant to paragraph (b) of this subsection, violating a court’s stalking protective order shall be classified as a person felony and as crime category 8 of the sentencing guidelines grid of the Oregon Criminal Justice Commission.