(1) M(a): it's a violation of this statute if:

(a) the person has been served with a court's stalking protective order as provided in ORS 30.866 (Action for issuance or violation of stalking protective order) or 163.738 (Effect of citation) or if further service was waived under ORS 163.741 (Service of stalking protective order) because the person appeared before the court

(b) the person, subsequent to the service of the order or the waiver of service, engaged intentionally, knowingly or recklessly in conduct prohibited by the order AND

(c) if the conduct is the specifically prohibited contact listed below, the subsequent conduct has created reasonable apprehension regarding the personal safety of a person protected by the order

• sending or making written or electronic communications in any form to the victim (163.730(3)(d))

• speaking with the other person by any means (163.730(3)(e))

• communicating with the victim through a third person (163.730(3)(f))

• communicating with a third person who has some relationship to the victim with the intent of affecting the third person's relationship with the victim (163.730(3)(h))

• communicating with business entities with the intent of affecting some right or interest of the victim (163.730(3)(i))

(2)(a) M(a): Violating a court's stalking protective order is a Class A misdemeanor.

(b) F(b): Regardless of (a), violating a court's stalking protective or- der is a ClassB felony if:

(A) The person has a prior conviction for:

(i) 163.732 (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 victim:

(i) A felony;

(ii) 163.472 (unlawful dissemination of an intimate image); OR

(ii) 163.715 (unlawful use of a global positioning system device)