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Oregon Revised Statutes

Or. Rev. Stat. § 163.187 (2026)

Strangulation

✓ current as of May 2026
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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.

Notes of Decisions
Cited in 141 cases (84 in the last 5 years), 2006–2026 · leading case: State v. Merrill, 463 P.3d 540 (Or. Ct. App. 2020).
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State v. Merrill, 463 P.3d 540 (Or. Ct. App. 2020). · cites it 12× “160, and felony strangulation constituting domestic violence, ORS 163.187. Raising three assignments of error, defendant argues that the trial court erred in its denial of his motion for judg- ment of acquittal as to assault.”
State v. Stone, 527 P.3d 800 (Or. Ct. App. 2023). · cites it 3× “” ORS 163.187. 698 State v. Stone It is readily apparent that consent is not an “ele- ment” of the crime of strangulation, making that portion of the court’s answer correct.”
State v. Priester, 530 P.3d 118 (Or. Ct. App. 2023). “375 (Count 1), strangulation, ORS 163.187 (Count 2), unlawful possession of cocaine, ORS 475.”
State v. Carlton, 388 P.3d 1093 (Or. 2017). · cites it 2× “” As another example, ORS 163.187, proscribing strangulation, provides an enhanced penalty if the person has been previously convicted of violating ORS 163.”
State v. Merrill, 481 P.3d 441 (Or. Ct. App. 2021). · cites it 2× “160 (Count 1), and felony strangulation constituting domestic violence, ORS 163.187 (Count 2). The jury returned a unanimous guilty verdict on Count 1 and a nonunanimous verdict on Count 2.”
State v. Brunnemer, 401 P.3d 1226 (Or. Ct. App. 2017). · cites it 2× “160(3), and one count of strangulation, ORS 163.187. In the second case, defendant was charged with second-degree kidnapping, ORS 163.”
State v. Hendricks, 359 P.3d 294 (Or. Ct. App. 2015). · cites it 3× “As relevant here, based on the allegations relating to his covering E’s face with a pillow, the state charged him with both strangulation, ORS 163.187 (Count 3), and fourth-degree assault, ORS 163.”
State v. Kaylor, 289 P.3d 290 (Or. Ct. App. 2012). · cites it 2× “205, strangulation, ORS 163.187, and tampering with a witness, ORS 162.”
State v. Yerton, 505 P.3d 428 (Or. Ct. App. 2022). · cites it 2× “205, and strangulation (Count 2), ORS 163.187. On appeal, she assigns error to the denial of her motion for judgment of acquittal on Count 1, contending that there is insufficient evidence to permit a finding that she caused “physical injury” to her son within the meaning of ORS…”
State v. Long, 399 P.3d 1063 (Or. Ct. App. 2017). “” Defendant was also charged with one count of felony strangulation constituting domestic violence, ORS 163.187(4), and was acquitted on that count.”
State v. Belen, 369 P.3d 438 (Or. Ct. App. 2016). “205 (Counts 6-8); three counts of misdemeanor strangulation, ORS 163.187 (Counts 9, 10, and 12); one count of fourth-degree assault, ORS 163.”
State v. Theriault, 452 P.3d 1051 (Or. Ct. App. 2019). “The state charged defendant with one count of strangulation constituting domestic violence, ORS 163.187, and one count of fourth-degree assault constituting domes- tic violence, ORS 163.”
Show all 141 citing cases →
— Or. Rev. Stat. § 163.187(1) — 14 cases
State v. Dowd, 342 Or. App. 57 (Or. Ct. App. 2025).
State v. Kaylor, 289 P.3d 290 (Or. Ct. App. 2012). “205, strangulation, ORS 163.187, and tampering with a witness, ORS 162.”
State v. Tardie, 509 P.3d 705 (Or. Ct. App. 2022).
State v. Coleman, 343 Or. App. 229 (Or. Ct. App. 2025).
State v. Joe, 341 Or. App. 797 (Or. Ct. App. 2025).
— Or. Rev. Stat. § 163.187(1)(a) — 6 cases
State v. Stone, 527 P.3d 800 (Or. Ct. App. 2023). “” ORS 163.187. 698 State v. Stone It is readily apparent that consent is not an “ele- ment” of the crime of strangulation, making that portion of the court’s answer correct.”
State v. Dowd, 342 Or. App. 57 (Or. Ct. App. 2025).
State v. Alcon-Ayala, 345 Or. App. 514 (Or. Ct. App. 2025).
State v. Alcon-Ayala, 345 Or. App. 514 (Or. Ct. App. 2025).
State v. Dowd, 342 Or. App. 57 (Or. Ct. App. 2025).
— Or. Rev. Stat. § 163.187(1)(b) — 2 cases
State v. Crowley, 343 Or. App. 357 (Or. Ct. App. 2025).
State v. Crowley, 343 Or. App. 357 (Or. Ct. App. 2025).
— Or. Rev. Stat. § 163.187(2) — 2 cases
State v. Stone, 527 P.3d 800 (Or. Ct. App. 2023). “” ORS 163.187. 698 State v. Stone It is readily apparent that consent is not an “ele- ment” of the crime of strangulation, making that portion of the court’s answer correct.”
State v. Newton, 477 P.3d 417 (Or. Ct. App. 2020).
— Or. Rev. Stat. § 163.187(4) — 25 cases
State v. Long, 399 P.3d 1063 (Or. Ct. App. 2017). “” Defendant was also charged with one count of felony strangulation constituting domestic violence, ORS 163.187(4), and was acquitted on that count.”
State v. Hernandez, 566 P.3d 677 (Or. Ct. App. 2025).
State v. Zamora, 530 P.3d 914 (Or. Ct. App. 2023).
State v. Miles, 542 P.3d 900 (Or. Ct. App. 2024).
State v. Haws, 444 P.3d 1125 (Or. Ct. App. 2019).
— Or. Rev. Stat. § 163.187(4)(a) — 3 cases
State v. Efimoff, 346 Or. App. 402 (Or. Ct. App. 2026).
State v. Newton, 483 P.3d 61 (Or. Ct. App. 2021).
State v. Efimoff, 346 Or. App. 402 (Or. Ct. App. 2026).
— Or. Rev. Stat. § 163.187(4)(c) — 1 case
State v. Newton, 483 P.3d 61 (Or. Ct. App. 2021).
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