Oregon Revised Statutes

Or. Rev. Stat. § 144.787 (2026)

Rules on age or physical disability of victim constituting aggravating circumstance

✓ current as of May 2026

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144.787 Rules on age or physical disability of victim constituting aggravating circumstance. The Advisory Commission on Prison Terms and Parole Standards and the State Board of Parole and Post-Prison Supervision shall provide, in rules adopted under ORS 144.785, that, in the case of a crime involving a physical or sexual assault, a victim’s particular vulnerability to injury in such case due to the victim’s youth, advanced age or physical disability, shall constitute an aggravating circumstance justifying a variation from the range of duration of imprisonment otherwise applicable in the case. [1985 c.767 §3]

144.790 [1977 c.372 §10; 1979 c.648 §1; 1981 c.426 §4; 1983 c.723 §2; 1983 c.740 §21; 1985 c.503 §1; 1987 c.320 §82; 1989 c.790 §8a; 1991 c.270 §1; 1993 c.294 §6; 1993 c.692 §8; repealed by 1995 c.520 §3 (144.791 enacted in lieu of 144.790)]

PRESENTENCE REPORTS

Notes of Decisions

Cited in 3 cases, 1989–1996 · leading case: Jarvis v. State Bd. of Parole, 773 P.2d 3 (Or. Ct. App. 1989).

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Jarvis v. State Bd. of Parole, 773 P.2d 3 (Or. Ct. App. 1989). · cites it 2× “” The state argues that ORS 144.787 2 authorizes the Board’s findings under factor C.”

Meriweather v. Bd. of Parole & Post-Prison Supervision, 915 P.2d 467 (Or. Ct. App. 1996). · cites it 3× “In that order, the board increased petitioner’s crime severity rating from five to six, reaffirmed its finding of October 1988 that petitioner’s dangerous condition was not absent or in remission, scheduled a review of that finding in January 1993, and found the presence of…”

Hayes v. Bd. of Parole, 836 P.2d 767 (Or. Ct. App. 1992). “Petitioner challenges the use of aggravation factor C. OAR 255-35-013, Exhibit E-l, defines aggravation factor C: “Knew or had reason to know the victims were particularly vulnerable i.”

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