1. (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:

   1. (a) The offender used or threatened to use a weapon;
   2. (b) The offender caused or threatened to cause serious physical injury;
   3. (c) The victim was under the age of twelve; or
   4. (d) The victim was incapable of consent by reason of mental defect, mental incapacitation or physical helplessness.
2. (2) CRIME CATEGORY 9: Rape I shall be ranked at Crime Category 9 if it cannot be ranked at Crime Category 10.

Statutory/Other Authority

ORS 137.667

Statutes/Other Implemented

ORS 137.667 - 137.669

History

CJC 1-1999, f. & cert. ef. 11-1-99