Oregon Revised Statutes

Or. Rev. Stat. § 137.085 (2026)

Age and physical disability of victim as factors in sentencing

✓ current as of May 2026

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137.085 Age and physical disability of victim as factors in sentencing. When a court sentences a defendant convicted of any crime involving a physical or sexual assault, the court shall give consideration to a victim’s particular vulnerability to injury in such case, due to the victim’s youth, advanced age or physical disability. Such particular vulnerability of the victim is a fact enhancing the seriousness of any assault, and the court shall consider it as such in imposing the sentence within the limits otherwise provided by law. [1985 c.767 §1]

Note: 137.085 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 137 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Notes of Decisions

Cited in 1 case, 2002–2002 · leading case: State v. Glaspey, 55 P.3d 562 (Or. Ct. App. 2002).

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State v. Glaspey, 55 P.3d 562 (Or. Ct. App. 2002). · cites it 2× “013; (6) aggravation in sentencing for physical assault due to victim's age, ORS 137.085; (7) imposition of consecutive sentences because of harm to different victims arising from a single criminal episode, ORS 137.”

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