Emily Danielle Chmelir was booked on Tuesday January, 8th by MFS and was booked into Jackson County Jail in Medford, Oregon.
The female, with a recorded date of birth of Jun 30, 1990 was arrested for suspicion of the below crimes:
- 0163.190 MENACING / MENACING - 1
- 0166.065 HARASSMENT BM / HARASSMENT - 1
- 0164.272 UEMV / UNLAWFUL ENTRY INTO MOTOR VEHICLE
- 0164.365 CRIM MISCHIEF 1 / CRIMINAL MISCHIEF 1ST
Bail has been set to $20000 for Chmelir which is listed as a 5 foot 3 inch white female weighing approximately 200 pounds.
Emily Danielle Chmelir was arrested in Jackson County Oregon and Emily Danielle Chmelir has a presumption of innocence which means that although the person was arrested, they are presumed innocent until proven guilty in a court of law. Presumption of innocence” serves to emphasize that the prosecution has the obligation to prove each element of the offense beyond a reasonable doubt (or some other level of proof depending on the criminal justice system) and that the accused bears no burden of proof. For more information in presumption of innocence, wikipedia is a great place to start.
This information is made available by the local sheriff’s office in Jackson County Oregon. For more regarding the Jackson County Sheriffs department you can visit their website. They can also be contact them at their contact us page.
Emily Danielle Chmelir is presumed innocent until proven guilty.
Oregon Sentencing Guidelines
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Below are the Oregon laws which may relate to this arrest:
Menacing.
(1) A person commits the crime of menacing if by word or conduct the person intentionally attempts to place another person in fear of imminent serious physical injury.(2) Menacing is a Class A misdemeanor. [1971 c.743 §95]
Harassment.
(1) A person commits the crime of harassment if the person intentionally:(a) Harasses or annoys another person by:
(A) Subjecting such other person to offensive physical contact;
(B) Publicly insulting such other person by abusive words or gestures in a manner intended and likely to provoke a violent response; or
(C) Distributing a visual recording, as defined in ORS 163.665, of the other person engaged in sexually explicit conduct, as defined in ORS 163.665, or in a state of nudity, as defined in ORS 163.700, when the other person is under 18 years of age at the time of the recording;
(b) Subjects another to alarm by conveying a false report, known by the conveyor to be false, concerning death or serious physical injury to a person, which report reasonably would be expected to cause alarm; or
(c) Subjects another to alarm by conveying a telephonic, electronic or written threat to inflict serious physical injury on that person or to commit a felony involving the person or property of that person or any member of that person’s family, which threat reasonably would be expected to cause alarm.
(2)(a) A person is criminally liable for harassment if the person knowingly permits any telephone or electronic device under the person’s control to be used in violation of subsection (1) of this section.
(b) Harassment that is committed under the circumstances described in subsection (1)(c) of this section is committed in either the county in which the communication originated or the county in which the communication was received.
(3) Harassment is a Class B misdemeanor.
(4) Notwithstanding subsection (3) of this section, harassment is a Class A misdemeanor if a person violates:
(a) Subsection (1)(a)(A) of this section by subjecting another person to offensive physical contact and the offensive physical contact consists of touching the sexual or other intimate parts of the other person;
(b) Subsection (1)(a)(C) of this section; or
(c) Subsection (1)(c) of this section and:
(A) The person has a previous conviction under subsection (1)(c) of this section and the victim of the current offense was the victim or a member of the family of the victim of the previous offense;
(B) At the time the offense was committed, the victim was protected by a stalking protective order, a restraining order as defined in ORS 24.190 or any other court order prohibiting the person from contacting the victim;
(C) At the time the offense was committed, the person reasonably believed the victim to be under 18 years of age and more than three years younger than the person; or
(D)(i) The person conveyed a threat to kill the other person or any member of the family of the other person;
(ii) The person expressed the intent to carry out the threat; and
(iii) A reasonable person would believe that the threat was likely to be followed by action.
(5) It is not a defense to a charge under subsection (1)(a)(C) of this section that the defendant did not know the age of the victim.
(6) As used in this section, electronic threat means a threat conveyed by electronic mail, the Internet, a telephone text message or any other transmission of information by wire, radio, optical cable, cellular system, electromagnetic system or other similar means. [1971 c.743 §223; 1981 c.468 §1; 1985 c.498 §1; 1987 c.806 §3; 1995 c.802 §1; 2001 c.870 §2; 2009 c.783 §1; 2013 c.649 §26]
Unlawful entry into a motor vehicle.
(1) A person commits the crime of unlawful entry into a motor vehicle if the person enters a motor vehicle, or any part of a motor vehicle, with the intent to commit a crime.(2) Unlawful entry into a motor vehicle is a Class A misdemeanor.
(3) As used in this section, enters includes, but is not limited to, inserting:
(a) Any part of the body; or
(b) Any object connected with the body. [1995 c.782 §1]
Criminal mischief in the first degree.
(1) A person commits the crime of criminal mischief in the first degree who, with intent to damage property, and having no right to do so nor reasonable ground to believe that the person has such right:(a) Damages or destroys property of another:
(A) In an amount exceeding $1,000;
(B) By means of an explosive;
(C) By starting a fire in an institution while the person is committed to and confined in the institution;
(D) Which is a livestock animal as defined in ORS 164.055;
(E) Which is the property of a public utility, telecommunications carrier, railroad, public transportation facility or medical facility used in direct service to the public; or
(F) By intentionally interfering with, obstructing or adulterating in any manner the service of a public utility, telecommunications carrier, railroad, public transportation facility or medical facility; or
(b) Intentionally uses, manipulates, arranges or rearranges the property of a public utility, telecommunications carrier, railroad, public transportation facility or medical facility used in direct service to the public so as to interfere with its efficiency.
(2) As used in subsection (1) of this section:
(a) Institution includes state and local correctional facilities, mental health facilities, juvenile detention facilities and state training schools.
(b) Medical facility means a health care facility as defined in ORS 442.015, a licensed physician’s office or anywhere a licensed medical practitioner provides health care services.
(c) Public utility has the meaning provided for that term in ORS 757.005 and includes any cooperative, people’s utility district or other municipal corporation providing an electric, gas, water or other utility service.
(d) Railroad has the meaning provided for that term in ORS 824.020.
(e) Public transportation facility means any property, structure or equipment used for or in connection with the transportation of persons for hire by rail, air or bus, including any railroad cars, buses or airplanes used to carry out such transportation.
(f) Telecommunications carrier has the meaning given that term in ORS 133.721.
(3) Criminal mischief in the first degree is a Class C felony. [1971 c.743 §147; 1973 c.133 §6; 1975 c.344 §1; 1979 c.805 §1; 1983 c.740 §33a; 1987 c.447 §104; 1987 c.907 §10; 1989 c.584 §2; 1991 c.837 §13; 1991 c.946 §2; 1993 c.94 §1; 1993 c.332 §3; 1999 c.1040 §11; 1999 c.1093 §2; 2003 c.543 §4; 2009 c.16 §6]
