[DV_listserv] Legal Update: Stalking

[Domestic Violence issues]

STALKING CONVICTION REVERSED BASED ON RANGEL; CONVICTIONS FOR VIOLATING SPO
AFFIRMED BASED ON RYAN

State v. Nahimana__ Or App __, __ P3d __ (August 29, 2012) (per curiam)
(Multnomah) (AAG Laura Anderson). ). Defendant was charged with two counts of violating a
stalking protective order (ORS 163.750), and one count of stalking (ORS 163.732) based on two
electronic communications from his MySpace account to the victim's account. Defendant
moved for a judgment of acquittal on all three counts, claiming that his contacts were protected
speech under Art I, § 8, and did not constitute "unequivocal threats" under State v. Rangel, 328
Or 294 (1999), which narrowed the stalking statute to apply only to communications that were
"threats." The trial court denied the motions and defendant was found guilty.

Held: Stalking conviction reversed; convictions for violation of stalking order affirmed
(per curiam). [1] Defendant's communication fell within the narrowing construction of the
stalking statute set forth in Rangel. [2] Under State v. Ryan, 350 Or 670 (2011), the Rangel
standard for communications does not apply to the crime of violating a stalking protective order,
because ORS 163.750 does not require the state to prove that defendant's
communication constituted an "unequivocal threat." The state's evidence established all of the
elements of ORS 163.750.
http://courts.oregon.gov/Publications/A145683.pdf


Erin S. Greenawald
Sr. AAG
Domestic Violence Resource Prosecutor
Oregon Department of Justice
Criminal Justice Division
(503) 378-6347

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