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OREGON CRIMINAL JUSTICE COMMISSION

 

DIVISION 18

OFFENSE SUBCATEGORIES

213-018-0000

Offense Subcategories

(1) The offenses in this Division have been divided into different sub-categories for the Crime Seriousness Scale of the grid. The statutory definition of each offense in this Division captures a wide spectrum of criminal conduct. The following offense sub-categories have been identified to classify the most common forms of these statutory offenses. Consequently, each sub-category includes a unique set of offense-specific characteristics that represents a different degree of crime seriousness for sentencing purposes.

(2) The sub-categorized offenses are presented in alphabetical order.

Stat. Auth.: ORS 137.667
Stats. Implemented: ORS 137.667 – ORS 137.669
Hist.: CJC 1-1999, f. & cert. ef. 11-1-99

213-018-0005

Abandonment of a Child (ORS 163.535)

(1) CRIME CATEGORY 7: Abandonment of a Child shall be ranked at Crime Category 7 if the child victim was placed in immediate danger as a consequence of the offender's criminal conduct.

(2) CRIME CATEGORY 3: Abandonment of a Child shall be ranked at Crime Category 3, if it cannot be ranked at Crime Category 7.

Stat. Auth.: ORS 137.667
Stats. Implemented: ORS 137.667 – ORS 137.669
Hist.: CJC 1-1999, f. & cert. ef. 11-1-99

213-018-0010

Aggravated Theft (ORS 164.057)

(1) CRIME CATEGORY 6: Aggravated Theft shall be ranked at Crime Category 6 if the amount of loss caused by the criminal conduct was more than $50,000.

(2) CRIME CATEGORY 5: Aggravated Theft shall be ranked at Crime Category 5 if it cannot be ranked at Crime Category 6.

Stat. Auth.: ORS 137.667
Stats. Implemented: ORS 137.667 – ORS 137.669
Hist.: CJC 1-1999, f. & cert. ef. 11-1-99

213-018-0012

Animal Neglect II (Felony) (ORS 167.325)

(1) CRIME CATEGORY 7: Animal Neglect II (Felony) shall be ranked at Crime Category 7 if more than 40 animals were the subject of the neglect or if the offense is a felony because of circumstances described in ORS 167.325(3)(a) or (3)(c).

(2) CRIME CATEGORY 6: Animal Neglect II (Felony) shall be ranked at Crime Category 6 if 11 to 40 animals were the subject of the neglect.

Stat. Auth.: ORS 137.667
Stats. Implemented: ORS 137.667; SB 6 (2013)
Hist.: CJC 1-2013(Temp), f. & cert. ef. 8-7-13 thru 2-2-14; CJC 1-2014, f. 1-31-14, cert. ef. 2-3-14

213-018-0013

Animal Neglect I (Felony) (ORS 167.330)

(1) CRIME CATEGORY 7: Animal Neglect I (Felony) shall be ranked at Crime Category 7 if more than 40 animals were the subject of the neglect or if the offense is a felony because of circumstances described in ORS 167.330(3)(a) or (3)(c).

(2) CRIME CATEGORY 6: Animal Neglect I (Felony) shall be ranked at Crime Category 6 if 10 to 40 animals were the subject of the neglect.

Stat. Auth.: ORS 137.667
Stats. Implemented: ORS 137.667; SB 6 (2013)
Hist.: CJC 1-2013(Temp), f. & cert. ef. 8-7-13 thru 2-2-14; CJC 1-2014, f. 1-31-14, cert. ef. 2-3-14

213-018-0015

Arson I (ORS 164.325)

(1) CRIME CATEGORY 10: Arson I shall be ranked at Crime Category 10 if the commission of the offense represented a threat of serious physical injury.

(2) CRIME CATEGORY 9: Arson I shall be ranked at Crime Category 9 if it cannot be ranked at Crime Category 10, and the amount of damage caused by the criminal conduct was $50,000 or more.

(3) CRIME CATEGORY 8: Arson I shall be ranked at Crime Category 8 if it cannot be ranked at Crime Category 10, and the amount of damage caused by the criminal conduct was $25,000 or more but less than $50,000.

(4) CRIME CATEGORY 7: Arson I shall be ranked at Crime Category 7 if it cannot be ranked at Crime Category 8, 9 or 10.

Stat. Auth.: ORS 137.667
Stats. Implemented: ORS 137.667 – ORS 137.669
Hist.: CJC 1-1999, f. & cert. ef. 11-1-99

213-018-0020

Assault I (ORS 163.185)

(1) CRIME CATEGORY 10: Assault I shall be ranked at Crime Category 10 if the offender violated ORS 163.185(1)(b) or if the victim(s) did not substantially contribute to the commission of the offense by precipitating the attack.

(2) CRIME CATEGORY 9: Assault I shall be ranked at Crime Category 9 if the victim(s) substantially contributed to the commission of the offense by precipitating the attack.

Stat. Auth.: ORS 137.667
Stats. Implemented: ORS 137.667 - 137.669
Hist.: CJC 1-1999, f. & cert. ef. 11-1-99; CJC 2-2006, f. 6-27-06, cert. ef. 7-1-06

213-018-0022

Assault III (ORS 163.165)

(1) CRIME CATEGORY 8: Assault III shall be ranked at Crime Category 8 if the assault resulted from the operation of a motor vehicle and defendant was the driver of the motor vehicle and was driving while under the influence of intoxicants.

(2) CRIME CATEGORY 6: Assault III shall be ranked at Crime Category 6 if it cannot be ranked at Crime Category 8.

Stat. Auth.: ORS 137.667 & 2009 OL Ch. 660
Stats. Implemented: ORS 137.667 - 137.669 & 2009 OL Ch. 660
Hist: CJC 4-2009(Temp), f. & cert. ef. 9-16-09 thru 3-14-10; CJC 5-2009, f. 12-11-09 cert. ef. 12-13-09

213-018-0025

Burglary I (ORS 164.225)

(1) CRIME CATEGORY 9: Burglary I shall be ranked at Crime Category 9 if any of the following factors were included in the commission of the offense:

(a) The offender was armed with a deadly weapon; or

(b) The offender caused or threatened physical injury to the victim.

(2) CRIME CATEGORY 8: Burglary I shall be ranked at Crime Category 8 if

(a) The offender did not cause or threaten physical injury to the victim and did not possess a deadly weapon (CC 9); but

(b) The offense was committed in an occupied dwelling.

(3) CRIME CATEGORY 7: Burglary I shall be ranked at Crime Category 7 if it cannot be ranked at Crime Category 8 or 9.

Stat. Auth.: ORS 137.667
Stats. Implemented: ORS 137.667 – ORS 137.669
Hist.: CJC 1-1999, f. & cert. ef. 11-1-99

213-018-0030

Buying or Selling the Custody of a Minor (ORS 163.157)

(1) CRIME CATEGORY 8: Buying or Selling the Custody of a Minor shall be ranked at Crime Category 8 if the conduct is likely to endanger the health or welfare of the child, otherwise it shall be ranked at Crime Category 5.

(2) CRIME CATEGORY 5: Buying or Selling the Custody of a Minor shall be ranked at Crime Category 5 if it cannot be ranked at Crime Category 8.

Stat. Auth.: ORS 137.667
Stats. Implemented: ORS 137.667 – ORS 137.669
Hist.: CJC 1-1999, f. & cert. ef. 11-1-99

213-018-0035

Coercion (ORS 163.275)

(1) CRIME CATEGORY 7: Coercion shall be ranked at Crime Category 7 if the offender threatened to cause physical injury to some person (ORS 163.275(1)(a)).

(2) CRIME CATEGORY 6: Coercion shall be ranked at Crime Category 6 if it cannot be ranked at Crime Category 7.

(3) DRUG-RELATED OFFENSES. (See Division 19)

Stat. Auth.: ORS 137.667
Stats. Implemented: ORS 137.667 – ORS 137.669
Hist.: CJC 1-1999, f. & cert. ef. 11-1-99

213-018-0036

Driving While Suspended/Revoked (Felony) (ORS 811.182)

(1) CRIME CATEGORY 6: Driving While Suspended/Revoked (Felony) shall be ranked at Crime Category 6 if the suspension or revocation resulted from:

(a) Any degree of murder, manslaughter, criminally negligent homicide, or an assault that caused serious physical injury, resulting from the operation of a motor vehicle; or

(b) Aggravated vehicular homicide or aggravated driving while suspended or revoked.

(2) CRIME CATEGORY 4: Driving While Suspended/Revoked (Felony) shall be ranked at Crime Category 4 if it cannot be ranked at Crime Category 6.

Stat. Auth.: ORS 137.667
Stats. Implemented: ORS 137.667; HB 3194 (2013)
Hist.: CJC 1-2013(Temp), f. & cert. ef. 8-7-13 thru 2-2-14; CJC 1-2014, f. 1-31-14, cert. ef. 2-3-14

213-018-0037

Felony Driving Under the Influence of Intoxicants (ORS 813.010(5) and 2011 Or Laws Ch 598)

(1) CRIME CATEGORY 6: Felony Driving Under the Influence of Intoxicants shall be ranked at Crime Category 6 under the circumstances described in ORS 813.010(5).

(2) CRIME CATEGORY 4: Felony Driving Under the Influence of Intoxicants shall be ranked at Crime Category 4 under the circumstances described in 2011 Or Laws ch 598.

Stat. Auth.: ORS 137.667, ORS 813.012
Stats. Implemented: ORS 137.667 - 137.669, ORS 813.012, 2011 Or Laws ch 1, 2011 Or Laws ch 598.
Hist.: CJC 2-2012, f. & cert. ef. 4-27-12

213-018-0038

HIT AND RUN (VEHICLE) (ORS 811.705)

(1) CRIME CATEGORY 8: Hit and Run shall be ranked at Crime Category 8 if a person suffers serious physical injury or dies as a result of the accident.

(2) CRIME CATEGORY 6: Hit and Run shall be ranked at Crime Category 6 if it cannot be ranked at Crime Category 8.

Stat. Auth.: ORS 137.667, 811.707, 2003 OL Ch. 453
Stats. Implemented: ORS 137.667 - 137.669 811.707, 2003 OL Ch. 453
Hist.: CJC 2-2001, f. 12-26-01, cert. ef. 1-1-02; CJC 2-2003, f. 12-31-03, cert. ef. 1-1-04

213-018-0040

Incest (ORS 163.525)

(1) CRIME CATEGORY 6: Incest shall be ranked at Crime Category 6 if one of the participants is less than eighteen years of age and the age differential between the two participants is more than three years.

(2) CRIME CATEGORY 1: Incest I shall be ranked at Crime Category 1 if it cannot be ranked at Crime Category 6.

Stat. Auth.: ORS 137.667
Stats. Implemented: ORS 137.667 – ORS 137.669
Hist.: CJC 1-1999, f. & cert. ef. 11-1-99

213-018-0045

Inmate Possession of Weapon (ORS 166.275)

(1) CRIME CATEGORY 8: Inmate in possession of a weapon shall be ranked at Crime Category 8 if the weapon was a firearm.

(2) CRIME CATEGORY 7: Inmate in possession of a weapon shall be ranked at Crime Category 7 if it cannot be ranked at Crime Category 8.

Stat. Auth.: ORS 137.667
Stats. Implemented: ORS 137.667 – ORS 137.669
Hist.: CJC 1-1999, f. & cert. ef. 11-1-99

213-018-0047

Manslaughter II (ORS 163.125)

(1) CRIME CATEGORY 9: Manslaughter II shall be ranked at Crime Category 9 if the manslaughter resulted from the operation of a motor vehicle and the driver of the motor vehicle was driving while under the influence of intoxicants.

(2) CRIME CATEGORY 8: Manslaughter II shall be ranked at Crime Category 8 if it cannot be ranked at Crime Category 9.

Stat. Auth: ORS 137.667, 2003 OL Ch. 815.
Stats. Implemented: ORS 137.667, OL Ch. 815
Hist.: CJC 2-2003, f. 12-31-03, cert. ef. 1-1-04

213-018-0048

Negligent homicide (ORS 163.145)

(1) CRIME CATEGORY 9: Negligent Homicide shall be ranked at Crime Category 9 if the homicide resulted from the operation of a motor vehicle and the driver of the motor vehicle was driving while under the influence of intoxicants.

(2) CRIME CATEGORY 8: Negligent Homicide shall be ranked at Crime Category 8 if it cannot be ranked at Crime Category 9.

Stat. Auth: ORS 137.667, 2003 OL Ch. 815.
Stats. Implemented: ORS 137.667, OL Ch. 815
Hist.: CJC 2-2003, f. 12-31-03, cert. ef. 1-1-04

213-018-0050

Property Offenses

(1) The same offense seriousness subcategories shall be used for the following offenses ("property offenses"):

(a) Arson II (ORS 164.315);

(b) Blue Sky Laws and Securities Laws (ORS Chapter 59);

(c) Burglary II (ORS 164.215);

(d) Computer Crime (ORS 164.377(5));

(e) Computer Fraud (Lottery) (ORS 164.377(5));

(f) Credit Card Fraud (ORS 165.055(3)(b));

(g) Criminal Mischief I (ORS 164.365);

(h) Criminal Possession of Forged Instrument I (ORS 165.022);

(i) Criminal Possession of a Rented or Leased Motor Vehicle (2007 Oregon Laws Ch 684);

(j) Forgery I (ORS 165.013);

(k) Identity Theft, (ORS 165.800);

(l) Interference with Agricultural Research, (ORS 164.889);

(m) Interference with Livestock Production (ORS 167.388);

(n) Negotiating Bad Checks (ORS 165.065);

(o) Possession of Rented Property (ORS 164.140(4));

(p) Possession of Stolen Vehicle (ORS 819.300);

(q) Theft by Deception (ORS 164.085);

(r) Theft by Extortion (ORS 164.075)(except if threat of physical injury (CC 7));

(s) Theft I (ORS 164.055);

(t) Theft of Lost/Mislaid Property (ORS 164.065);

(u) Theft of Services (ORS 164.125);

(v) Trademark Counterfeiting I and II, (ORS 647.150; 647.145);

(w) Unauthorized Use of Vehicle (ORS 164.135);

(x) Unlawful Factoring Payment Card (ORS 165.074);

(y) Unlawful Label Sound Recording (ORS 164.868);

(z) Unlawful Label Videotape (ORS 164.872);

(aa) Unlawful Record Live Performance (ORS 164.869).

(2) CRIME CATEGORY 6:

(a) Property offenses shall be ranked at Crime Category 6 if the value of the property stolen or destroyed, or if the face value of the instrument forged, possessed or negotiated was $50,000 or more, excluding the theft of a motor vehicle used primarily for personal rather than commercial transportation.

(b) ORS 165.055(4)(b) Credit Card Fraud shall be ranked at Crime Category 6 if the property stolen or attempted to be stolen was $50,000 or more.

(3) CRIME CATEGORY 5:

(a) Property offenses shall be ranked at Crime Category 5 if the value of the property stolen or destroyed, or if the face value of the instrument forged, possessed or negotiated was $10,000 or more but less than $50,000, excluding the theft of a motor vehicle used primarily for personal rather than commercial transportation.

(b) ORS 165.055(4)(b) Credit Card Fraud shall be ranked at Crime Category 5 if the property stolen or attempted to be stolen was $10,000 or more but less than $50,000.

(4) CRIME CATEGORY 4: Property offenses shall be ranked at Crime Category 4 if either of the following factors was included in the commission of the offense:

(a) The value of the property stolen or destroyed, or the face value of the instrument forged, possessed or negotiated was $5,000 or more but less than $10,000; or

(b) For offenses charged under ORS 165.055(4)(b), the value of the property stolen or destroyed was $5,000 or more but less than $10,000; or

(c) The property stolen was a vehicle valued at $10,000 or more and used primarily for personal rather than commercial transportation.

(5) CRIME CATEGORY 3: Property offenses shall be ranked at Crime Category 3 if either of the following factors was included in the commission of the offense:

(a) The value of the property stolen or destroyed, or the face value of the instrument forged, possessed or negotiated was $1,000 or more but less than $5,000; or

(b) For offenses charged under ORS 165.055(4)(b), the value of the property stolen or destroyed was $1,000 or more but less than $5,000; or

(c) The property stolen was a vehicle valued at more than $1,000 but less than $10,000 and used primarily for personal rather than commercial transportation.

(6) CRIME CATEGORY 2: Property offenses shall be ranked at Crime Category 2 if they cannot be ranked at Crime Category 3, 4, 5, or 6.

Stat. Auth.: ORS 137.667, 2003 OL Ch. 453
Stats. Implemented: ORS 137.667 - 137.669, 164.889 & 2003 OL Ch. 383, 2007 OL Ch. 684
Hist.: CJC 1-1999, f. & cert. ef. 11-1-99; CJC 2-2001, f. 12-26-01, cert. ef. 1-1-02; CJC 2-2003, f. 12-31-03, cert. ef. 1-1-04; CJC 3-2007, f. 12-31-07 & cert. ef. 1-1-08

213-018-0055

Rape I (ORS 163.375)

(1) CRIME CATEGORY 10: Rape I shall be ranked at Crime Category 10 if one or more of the following factors was included in the commission of the offense:

(a) The offender used or threatened to use a weapon;

(b) The offender caused or threatened to cause serious physical injury;

(c) The victim was under the age of twelve; or

(d) The victim was incapable of consent by reason of mental defect, mental incapacitation or physical helplessness.

(2) CRIME CATEGORY 9: Rape I shall be ranked at Crime Category 9 if it cannot be ranked at Crime Category 10.

Stat. Auth.: ORS 137.667
Stats. Implemented: ORS 137.667 – ORS 137.669
Hist.: CJC 1-1999, f. & cert. ef. 11-1-99

213-018-0058

Sexual Abuse II (ORS 163.425)

(1) CRIME CATEGORY 8: Sexual Abuse II under ORS 163.425(1)(a) shall be ranked at Crime Category 8 if the victim is incapable of consent due to being under 18 years of age, the offender is 21 years of age or older, and the offender was the victim’s coach at any time prior to the commission of the offense.

(2) CRIME CATEGORY 7: Sexual Abuse II shall be ranked at Crime Category 7 if it cannot be ranked at Crime Category 8.

Stat. Auth.: ORS 137.667 & 2009 OL Ch. 876
Stats. Implemented: ORS 137.667 - 137.669 & 2009 OL Ch. 876
Hist.: CJC 7-2009, f. 12-31-09 cert. ef. 1-1-10

213-018-0060

Sexual Penetration with Foreign Object (ORS 163.411)

(1) CRIME CATEGORY 10: Sexual Penetration with Foreign Object shall be ranked at Crime Category 10 if one or more of the following factors was included in the commission of the offense:

(a) The offender used or threatened to use a weapon;

(b)The offender caused or threatened to cause serious physical injury;

(c)The victim was under the age of twelve; or

(d)The victim was incapable of consent by reason of mental defect, mental incapacitation or physical helplessness.

(2) CRIME CATEGORY 9: Sexual Penetration with Foreign Object shall be ranked at Crime Category 9 if it cannot be ranked at Crime Category 10.

Stat. Auth.: ORS 137.667
Stats. Implemented: ORS 137.667 – ORS 137.669
Hist.: CJC 1-1999, f. & cert. ef. 11-1-99

213-018-0065

Sodomy I (ORS 163.405)

(1) CRIME CATEGORY 10: Sodomy I shall be ranked at Crime Category 10 if one or more of the following factors was included in the commission of the offense:

(a) The offender used or threatened to use a weapon;

(b) The offender caused or threatened to cause serious physical injury;

(c) The victim was under the age of twelve; or

(d) The victim was incapable of consent by reason of mental defect, mental incapacitation or physical helplessness.

(2) CRIME CATEGORY 9: Sodomy I shall be ranked at Crime Category 9 if it cannot be ranked at Crime Category 10.

Stat. Auth.: ORS 137.667
Stats. Implemented: ORS 137.667 – ORS 137.669
Hist.: CJC 1-1999, f. & cert. ef. 11-1-99

213-018-0068

Subjecting Another Person to Involuntary Servitude I (2007 Oregon Laws Ch 811)

(1) CRIME CATEGORY 9: Subjecting Another Person to Involuntary Servitude I shall be ranked at Crime Category 9 if the offender caused or threatened to cause death or serious physical injury to a person.

(2) CRIME CATEGORY 6: Subjecting Another Person to Involuntary Servitude I shall be ranked at Crime Category 6 if the offender restrained or threatened to physically restrain a person.

Stat. Auth.: ORS 137.667
Stats. Implemented: ORS 137.667-137.669; 2007 OL Ch. 811
Hist.: CJC 3-2007, f. 12-31-07 & cert. ef. 1-1-08

213-018-0070

Supplying Contraband (ORS 162.185)

(1) CRIME CATEGORY 7: Supplying Contraband shall be ranked at Crime Category 7 if the offender supplied a firearm or firearms as contraband.

(2) CRIME CATEGORY 6: Supplying Contraband shall be ranked at Crime Category 6 if it cannot be ranked at Crime Category 7 and the offender supplied one or more dangerous weapons (not including firearms) as contraband.

(3) CRIME CATEGORY 5: Supplying Contraband shall be ranked at Crime Category 5 if it cannot be ranked at either Crime Category 6 or 7 and the offender supplied a controlled substance or substances as contraband.

(4) CRIME CATEGORY 4: Supplying Contraband shall be ranked at Crime Category 4 if it cannot be ranked at Crime Category 5, 6 or 7.

Stat. Auth.: ORS 137.667
Stats. Implemented: ORS 137.667 – ORS 137.669
Hist.: CJC 1-1999, f. & cert. ef. 11-1-99

213-018-0075

Theft by Extortion (ORS 164.075)

(1) CRIME CATEGORY 7: Theft by Extortion shall be ranked at Crime Category 7 if the offender threatened to cause physical injury to some person (ORS 164.075(1)(a)).

(2) OTHERWISE RATE AS A PROPERTY OFFENSE: Theft by Extortion shall be ranked as a Property Offense in Crime Categories 2, 3, 4, 5 or 6 as may be appropriate if it cannot be ranked at Crime Category 7.

Stat. Auth.: ORS 137.667
Stats. Implemented: ORS 137.667 – ORS 137.669
Hist.: CJC 1-1999, f. & cert. ef. 11-1-99

213-018-0080

Theft by Receiving (ORS 164.095)

(1) CRIME CATEGORY 5: Theft by Receiving shall be ranked at Crime Category 5 if the offender was acting as part of an organized fencing operation.

(2) CRIME CATEGORY 3: Theft by Receiving shall be ranked at Crime Category 3 if it cannot be ranked at Crime Category 5.

Stat. Auth.: ORS 137.667
Stats. Implemented: ORS 137.667 – ORS 137.669
Hist.: CJC 1-1999, f. & cert. ef. 11-1-99

213-018-0085

Trafficking in Stolen Vehicles (ORS 819.310)

(1) CRIME CATEGORY 6: Trafficking in Stolen Vehicles shall be ranked at Crime Category 6 if one or both of the following factors were included in the commission of the offense:

(a) The offender was acting as part of an organized operation; or

(b) The value of the property taken from one or more victims was greater than $50,000.

(2) CRIME CATEGORY 5: Trafficking in Stolen Vehicles shall be ranked at Crime Category 5 if it cannot be ranked at Crime Category 6.

Stat. Auth.: ORS 137.667
Stats. Implemented: ORS 137.667 – ORS 137.669
Hist.: CJC 1-1999, f. & cert. ef. 11-1-99

213-018-0090

Unlawful Possession of Soft Body Armor (ORS 166.643)

(1) CRIME CATEGORY 6: Unlawful Possession of Soft Body Armor shall be ranked at Crime Category 6 if the offender committed or was attempting to commit a person felony or a misdemeanor involving violence.

(2) CRIME CATEGORY 4: Unlawful Possession of Soft Body Armor shall be ranked at Crime Category 4 if it cannot be ranked at Crime Category 6.

Stat. Auth.: ORS 137.667, 2003 OL Ch. 453
Stats. Implemented: ORS 137.667 - 137.669, 166.643 & 2003 OL Ch. 453).
Hist.: CJC 2-2001, f. 12-26-01, cert. ef. 1-1-02; CJC 2-2003, f. 12-31-03, cert. ef. 1-1-04

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