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A telephone caller commits the crime of telephonic harassment if the caller intentionally harasses or annoys another person.

(1) By causing the telephone of the other person to ring, such caller having no communicative purpose; or

(2) By causing such other person’s telephone to ring, knowing that the caller has been forbidden from so doing by a person exercising lawful authority over the receiving telephone.

(3) By sending to, or leaving at, the other person’s telephone a text message, voice mail or any other message, knowing that the caller has been forbidden from so doing by a person exercising lawful authority over the receiving telephone.

(4) It is an affirmative defense to a charge of violating this section that the caller is a debt collector, as defined in ORS 646.639, who engaged in the conduct proscribed by this section while attempting to collect a debt. The affirmative defense created by this subsection does not apply if the debt collector committed the unlawful collection practice described in ORS 646.639(2)(a) while engaged in the conduct proscribed by this section.

(Section 4.710 added by Ordinance No. 20348, enacted July 25, 2005, effective August 25, 2005; and amended by Ordinance No. 20358, enacted January 23, 2006, effective January 25, 2006.)