OAR 213-003-0001
Definitions

As used in these rules:
(1) “Bench probation” means a probationary sentence, which directs the probationer to remain under the supervision and control of the sentencing judge.
(2) “Board” means the State Board of Parole and Post-Prison Supervision.
(3) “Correctional supervision status” means any form of incarcerative or non-incarcerative supervision which is served by an offender as part of a sentence for a criminal conviction.
(4) “Department” means the Department of Corrections.
(5) “Departure” means a sentence, except an optional probationary sentence, which is inconsistent with the presumptive sentence for an offender.
(6) “Dispositional departure” means a sentence which imposes probation when the presumptive sentence is prison or prison when the presumptive sentence is probation. An optional probationary sentence is not a dispositional departure.
(7) “Dispositional line” means the solid black line on the Sentencing Guidelines Grid (Appendix 1) which separates the grid blocks in which the presumptive sentence is a term of imprisonment and post-prison supervision from the grid blocks in which the presumptive sentence is probation which may include local custodial sanctions.
(8) “Durational departure” means a sentence which is inconsistent with the presumptive sentence as to term of incarceration, term of supervised probation or number of sanction units which may be imposed as a condition of probation.
(9) “Grid” means the Sentencing Guidelines Grid set forth as Appendix 1.
(10) “Grid block” means a box on the grid formed by the intersection of the crime seriousness ranking of a current crime of conviction and an offender’s criminal history classification.
(11) “Juvenile adjudication” means a formal adjudication or finding by a court that the juvenile has committed an act, which, if committed by an adult, would be punishable as a felony.
(12) “Non-person felonies” are any felonies not defined as a person felony in section (14) of this rule.
(13) “Optional probationary sentence” means any probationary sentence imposed pursuant to OAR 213-005-0006 (Optional Probationary Sentences).
(14) “Person felonies” are in numerical statutory order: ORS 97.981 (Purchase or sale of body parts prohibited) Purchase or Sale of a Body Part for Transplantation or Therapy; ORS 97.982 (Alteration of document of anatomical gift prohibited) Alteration of a Document of Gift; ORS 162.165 (Escape in the first degree) Escape I; ORS 162.185 (Supplying contraband) Supplying Contraband as defined in Crime Categories 6 and 7 (OAR 213-018-0070 (Supplying Contraband (ORS 162.185))(1) and (2)); ORS 163.095 (“Aggravated murder” defined) Aggravated Murder; ORS 163.107 (Murder in the first degree) Murder I; ORS 163.115 (Murder in the second degree) Murder II; ORS 163.115 (Murder in the second degree) Felony Murder; ORS 163.118 (Manslaughter in the first degree) Manslaughter I; ORS 163.125 (Manslaughter in the second degree) Manslaughter II; ORS 163.145 (Criminally negligent homicide) Negligent Homicide; ORS 163.149 (Aggravated vehicular homicide) Aggravated Vehicular Homicide; ORS 163.160 (Assault in the fourth degree)(3) Felony Assault; ORS 163.165 (Assault in the third degree) Assault III; ORS 163.175 (Assault in the second degree) Assault II; ORS 163.185 (Assault in the first degree) Assault I; ORS 163.187 (Strangulation)(4) Felony Strangulation; ORS 163.192 (Endangering a person protected by a Family Abuse Prevention Act restraining order) Endangering Person Protected by FAPA Order; ORS 163.196 (Aggravated driving while suspended or revoked) Aggravated Driving While Suspended or Revoked; ORS 163.205 (Criminal mistreatment in the first degree) Criminal Mistreatment I; ORS 163.207 (Female genital mutilation) Female Genital Mutilation; ORS 163.208 (Assaulting a public safety officer) Assaulting a Public Safety Officer; ORS 163.213 (Unlawful use of an electrical stun gun, tear gas or mace in the first degree) Use of Stun Gun, Tear Gas, Mace I; ORS 163.225 (Kidnapping in the second degree) Kidnapping II; ORS 163.235 (Kidnapping in the first degree) Kidnapping I; ORS 163.263 (Subjecting another person to involuntary servitude in the second degree) Subjecting Another Person to Involuntary Servitude II; ORS 163.264 (Subjecting another person to involuntary servitude in the first degree) Subjecting Another Person to Involuntary Servitude I; ORS 163.266 (Trafficking in persons) Trafficking in Persons; ORS 163.275 (Coercion) Coercion as defined in Crime Category 7 (OAR 213-018-0035 (Coercion (ORS 163.275))(1)); ORS 163.355 (Rape in the third degree) Rape III; ORS 163.365 (Rape in the second degree) Rape II; ORS 163.375 (Rape in the first degree) Rape I; ORS 163.385 (Sodomy in the third degree) Sodomy III; ORS 163.395 (Sodomy in the second degree) Sodomy II; ORS 163.405 (Sodomy in the first degree) Sodomy I; ORS 163.408 (Unlawful sexual penetration in the second degree) Sexual Penetration II; ORS 163.411 (Unlawful sexual penetration in the first degree) Sexual Penetration I; ORS 163.413 (Purchasing sex with a minor) Purchasing Sex With a Minor; ORS 163.425 (Sexual abuse in the second degree) Sexual Abuse II; ORS 163.427 (Sexual abuse in the first degree) Sexual Abuse I; ORS 163.432 (Online sexual corruption of a child in the second degree) Online Sexual Corruption of a Child II; ORS 163.433 (Online sexual corruption of a child in the first degree) Online Sexual Corruption of a Child I; ORS 163.452 (Custodial sexual misconduct in the first degree) Custodial Sexual Misconduct in the First Degree; ORS 163.465 (Public indecency) Felony Public Indecency; ORS 163.472 (Unlawful dissemination of an intimate image) Unlawful Dissemination of Intimate Image; ORS 163.479 (Unlawful contact with a child) Unlawful Contact with a Child; ORS 163.525 (Incest) Incest; ORS 163.535 (Abandonment of a child) Abandon Child; ORS 163.537 (Buying or selling a person under 18 years of age) Buying/Selling Custody of a Minor; ORS 163.547 (Child neglect in the first degree) Child Neglect I; ORS 163.670 (Using child in display of sexually explicit conduct) Using Child In Display of Sexual Conduct; ORS 163.684 (Encouraging child sexual abuse in the first degree) Encouraging Child Sex Abuse I; ORS 163.686 (Encouraging child sexual abuse in the second degree) Encouraging Child Sex Abuse II; ORS 163.688 (Possession of materials depicting sexually explicit conduct of a child in the first degree), Possession of Material Depicting Sexually Explicit Conduct of Child I; ORS 163.689 (Possession of materials depicting sexually explicit conduct of a child in the second degree), Possession of Material Depicting Sexually Explicit Conduct of Child II; ORS 163.701 (Invasion of personal privacy in the first degree) Invasion of Personal Privacy I; ORS 163.732 (Stalking) Stalking; ORS 163.750 (Violating a court’s stalking protective order) Violation of Court’s Stalking Order; ORS 164.075 (Extortion) Extortion as defined in Crime Category 7 (OAR 213-018-0075 (Extortion (ORS 164.075))(1)); ORS 164.225 (Burglary in the first degree) Burglary I as defined in Crime Categories 8 and 9 (OAR 213-018-0025 (Burglary I (ORS 164.225))(1) and (2)); ORS 164.325 (Arson in the first degree) Arson I; ORS 164.342 (Arson incident to the manufacture of a controlled substance in the first degree) Arson Incident to the Manufacture of a Controlled Substance I; ORS 164.377 (Computer crime)(2)(c) Computer Crime—Theft of an Intimate Image; ORS 164.395 (Robbery in the third degree) Robbery III; ORS 164.405 (Robbery in the second degree) Robbery II; ORS 164.415 (Robbery in the first degree) Robbery I; ORS 164.886 (Unlawful tree spiking)(3) Tree Spiking (Injury); ORS 166.070 (Aggravated harassment) Aggravated Harassment; ORS 166.087 (Abuse of corpse in the first degree) Abuse of Corpse I; ORS 166.165 (Bias crime in the first degree) Bias Crime I; ORS 166.220 (Unlawful use of weapon) Unlawful Use of a Weapon; ORS 166.275 (Possession of weapons by inmates of institutions) Inmate In Possession of Weapon; ORS 166.385 (Possession of hoax destructive device)(3) Felony Possession of a Hoax Destructive Device; ORS 166.643 (Unlawful possession of body armor) Unlawful Possession of Soft Body Armor as defined in Crime Category 6 (OAR 213-018-0090 (Unlawful Possession of Soft Body Armor (ORS 166.643))(1)); ORS 167.012 (Promoting prostitution) Promoting Prostitution; ORS 167.017 (Compelling prostitution) Compelling Prostitution; ORS 167.057 (Luring a minor) Luring a Minor; ORS 167.320 (Animal abuse in the first degree)(4) Felony Animal Abuse I; ORS 167.322 (Aggravated animal abuse in the first degree) Aggravated Animal Abuse I; ORS 468.951 (Environmental endangerment) Environmental Endangerment; ORS 475.752 (Prohibited acts generally)(6)(a) Manufacturing or Delivering a Schedule IV Controlled Substance Thereby Causing Death to a Person; ORS 475.908 (Causing another person to ingest a controlled substance) Causing Another to Ingest a Controlled Substance as defined in Crime Categories 8 and 9 (OAR 213-019-0007 (Crime Category 9 — Controlled Substance and Aggravated Drug Offenses) and 0008); ORS 475.910 (Application of controlled substance to the body of another person) Unlawful Administration of a Controlled Substance as defined in Crime Categories 5, 8, and 9 (OAR 213-019-0007 (Crime Category 9 — Controlled Substance and Aggravated Drug Offenses), -0008, and -0011); ORS 475B.359 (Arson incident to manufacture of cannabinoid extract in first degree) Arson Incident to Manufacture of Cannabinoid Extract I; ORS 475B. 367 Causing Another Person to Ingest Marijuana; ORS 475B.371 (Administration to another person under 18 years of age) Administration to Another Person Under 18 Years of Age; ORS 609.990 (Penalties for ORS 609.060, 609.095, 609.098, 609.100, 609.169 and 609.405)(3)(b) Maintaining Dangerous Dog; ORS 811.705 (Failure to perform duties of driver to injured persons) Hit and Run Vehicle (Injury); ORS 813.010 (Driving under the influence of intoxicants)(5) Felony Driving Under the Influence of Intoxicants (as provided in OAR 213-004-0009 (Prior ORS 813.010 (DUII) Convictions)); ORS 830.475 (Duties of operators and witnesses at accidents)(2) Hit and Run Boat; ORS 837.365 (Weaponized unmanned aircraft systems)(2)(b) and (c) Unlawful Operation of Weaponized Unmanned Aircraft System; and attempts or solicitations to commit any Class A or Class B person felonies as defined herein.
(15) “Person Class A misdemeanors” are in numerical statutory order: ORS 162.315 (Resisting arrest) Resisting Arrest; ORS 163.160 (Assault in the fourth degree) Assault IV; ORS 163.187 (Strangulation) Strangulation; ORS 163.190 (Menacing) Menacing; ORS 163.195 (Recklessly endangering another person) Recklessly Endanger Another; ORS 163.200 (Criminal mistreatment in the second degree) Criminal Mistreatment II; ORS 163.212 (Unlawful use of an electrical stun gun, tear gas or mace in the second degree) Use of Stun Gun, Tear Gas, Mace II; ORS 163.415 (Sexual abuse in the third degree) Sexual Abuse III; ORS 163.454 (Custodial sexual misconduct in the second degree) Custodial Sexual Misconduct in the Second Degree; ORS 163.465 (Public indecency) Public Indecency; ORS 163.467 (Private indecency) Private Indecency; ORS 163.472 (Unlawful dissemination of an intimate image) Unlawful Dissemination of Intimate Image; ORS 163.476 (Unlawfully being in a location where children regularly congregate) Unlawfully Being in a Location Where Children Regularly Congregate; ORS 163.545 (Child neglect in the second degree) Child Neglect II; ORS 163.575 (Endangering the welfare of a minor) Endanger Welfare of Minor; ORS 163.687 (Encouraging child sexual abuse in the third degree) Encouraging Child Sex Abuse III; ORS 163.700 (Invasion of personal privacy in the second degree) Invasion of Personal Privacy II; ORS 163.709 (Unlawful directing of light from a laser pointer) Unlawfully Directing a Laser Pointer; ORS 163.732 (Stalking)(1) Stalking; ORS 163.750 (Violating a court’s stalking protective order)(1) Violating Court’s Stalking Order; ORS 165.572 (Interference with making a report) Interfering with Making a Police Report; ORS 165.815 (Criminal impersonation) Criminal Impersonation; ORS 166.065 (Harassment)(4) Harassment/Offensive Sexual Contact; ORS 166.155 (Bias crime in the second degree) Bias Crime II; ORS 166.385 (Possession of hoax destructive device)(2) Misdemeanor Possession of a Hoax Destructive Device; ORS 167.054 Furnishing Sexually Explicit Material to a Child; ORS 475.910 (Application of controlled substance to the body of another person)(4) Unlawful Administration of a Controlled Substance; ORS 609.990 (Penalties for ORS 609.060, 609.095, 609.098, 609.100, 609.169 and 609.405)(3)(a) Maintaining Dangerous Dog; ORS 811.060 (Vehicular assault) Vehicular Assault; ORS 813.010 (Driving under the influence of intoxicants), Driving Under the Influence of Intoxicants (as provided in OAR 213-004-0009 (Prior ORS 813.010 (DUII) Convictions)); ORS 837.374 (Reckless interference with aircraft)(2) and (3) Unlawful Interference with Aircraft (if aircraft manned at time of offense); and attempts or solicitations to commit any Class C person felonies as defined in section (14) of this rule.
(16) “Presumptive sentence” means the sentence provided in a grid block for an offender classified in that grid block by the combined effect of the crime seriousness ranking of the current crime of conviction and the offender’s criminal history or a sentence designated as a presumptive sentence by statute.
(17) “Primary offense” means the offense of conviction with the highest crime seriousness ranking. If more than one offense of conviction is classified in the same crime category, the sentencing judge shall designate which offense is the primary offense.
(18) “Supervisory agent” means the local community corrections agency responsible for supervising the offender.
(19) “Supervisory authority” means the state and local corrections agency or official designated in each county by that county’s Board of County Commissioners or county court to operate corrections supervision services, custodial facilities or both.
(20) “Straight jail” means a sentence of jail imposed instead of a presumptive probationary sentence that is not followed by a term of post-prison supervision defined in OAR 213-005-0002 (Term of Post-Prison Community Supervision).
[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

Source: Rule 213-003-0001 — Definitions, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=213-003-0001.

Last Updated

Jun. 24, 2021

Rule 213-003-0001’s source at or​.us