knowing that the victim is pregnant; or

163.175 knowing that the victim is pregnant; or

����� (d) Intentionally, knowingly or recklessly causes serious physical injury to another while operating a motor vehicle under the influence of intoxicants in violation of ORS 813.010 and:

����� (A) In the 10 years prior to the date of the current offense the person has been convicted of at least three of any of the following offenses in any combination:

����� (i) Driving under the influence of intoxicants in violation of ORS 813.010, or its statutory counterpart in another jurisdiction;

����� (ii) A driving under the influence of intoxicants offense in another jurisdiction that involved the impaired driving or operation of a vehicle, an aircraft or a boat due to the use of intoxicants or any combination thereof; or

����� (iii) An offense in another jurisdiction that involved driving or operating a vehicle, an aircraft or a boat while having a blood alcohol content above that jurisdiction�s permissible blood alcohol content; or

����� (B)(i) The person has a previous conviction for any of the crimes described in subsection (2) of this section, or their statutory counterparts in any jurisdiction; and

����� (ii) The victim�s death or serious physical injury in the previous conviction was caused by the person driving a motor vehicle.

����� (2) The previous convictions to which subsection (1)(d)(B) of this section apply are:

����� (a) Manslaughter in the first degree under ORS 163.118;

����� (b) Manslaughter in the second degree under ORS 163.125;

����� (c) Criminally negligent homicide under ORS 163.145;

����� (d) Assault in the first degree under this section;

����� (e) Assault in the second degree under ORS 163.175; or

����� (f) Assault in the third degree under ORS 163.165.

����� (3) Assault in the first degree is a Class A felony.

����� (4) It is an affirmative defense to a prosecution under subsection (1)(d)(B) of this section that the defendant was not under the influence of intoxicants at the time of the conduct that resulted in the previous conviction.

����� (5) As used in this section, �intoxicant� has the meaning given that term in ORS 801.321. [1971 c.743 �94; 1975 c.626 �2; 1977 c.297 �1; 2005 c.513 �1; 2007 c.867 �3; 2009 c.785 �2; 2021 c.480 �5; 2023 c.498 �24]

����� 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,