State v. Eggers

Under ORS 166.255(3)(e), harassment as defined in ORS 166.065(1)(a)(A) is a qualifying misdemeanor designed to mirror United States v. Castleman.

The State petitioned for review after the Court of Appeals reversed the trial court’s firearm prohibition on defendant Richard Eggers. Defendant was given a harassment charge and pleaded guilty under ORS 166.065(1)(a)(A)  that he made “offensive physical contact” with his brother. The trial court concluded that harassment was a qualifying misdemeanor under ORS 166.255(3)(e) and imposed the firearm prohibition. Eggers appealed, assigning error, arguing that harassment is not a qualifying misdemeanor under ORS 166.255 because “offensive physical contact” does not equal “physical force” for which that statute requires. The court relied on United States v. Castleman, which held that “physical force” according to the VAWA includes “even the slightest offensive touching.” The Oregon legislature passed ORS 166.255 after Castleman to mirror the federal firearm prohibition. Therefore, applying the borrowed-statute rule “offensive physical contact” under ORS 166.065(1)(a)(A) qualifies as physical force under ORS 166.255(3)(e). The court rejects Eggers' argument, and harassment is a qualifying misdemeanor. The decision of the Court of Appeals is reversed. The judgment of the circuit court is affirmed.