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Oregon Bulletin

March 1, 2012

Oregon Criminal Justice Commission, Chapter 213

Rule Caption: Correction of categorization of Failure to Report as a Sex Offender in sentencing guidelines.

Adm. Order No.: CJC 1-2012(Temp)

Filed with Sec. of State: 1-27-2012

Certified to be Effective: 1-27-12 thru 7-24-12

Notice Publication Date:

Rules Amended: 213-017-0007

Subject: The Criminal Justice Commission (CJC) is required under ORS 137.667 to review all legislation creating new crimes or modifying existing crimes, and to adopt by rule necessary changes to the crime seriousness scale. CJC previously classified the offense of Failure to Report as a Sex Offender under ORS 181.599 as a Level 4 on the Crime Seriousness Scale. The offense has erroneously been listed as being categorized both as a Level 5 on the Crime Seriousness Scale, as well as a Level 4 on the Crime Seriousness Scale. This rule change corrects that error, by deleting the listing of Failure to Report as a Sex Offender from Level 5 of the Crime Seriousness Scale. The rule change also includes numbering changes necessitated by deleting from the list of numerically ordered crimes.

Rules Coordinator: Craig Prins—(503) 378-4830

213-017-0007

Crime Category 5

The following offenses are classified at crime category 5 on the Crime Seriousness Scale:

(1) Chapter 59 – BLUE SKY LAWS & SECURITIES LAWS* – (C).

(2) DRUG-RELATED OFFENSES. (See division 19).

(3) ORS 162.185 – SUPPLYING CONTRABAND – (C). (If contraband includes a controlled substance but no firearms (CC 7) or dangerous weapons (CC 6); otherwise CC 4.)

(4) ORS 163.537 – BUYING OR SELLING THE CUSTODY OF A MINOR – (B). (If cannot be ranked at CC 8.)

(5) ORS 163.686 – ENCOURAGING CHILD SEX ABUSE II – (C).

(6) ORS 164.055 – THEFT I* – (C).

(7) ORS 164.057 – AGGRAVATED THEFT – (B). (If not categorized at CC 6.)

(8) ORS 164.065 – THEFT OF LOST/MISLAID PROPERTY* – (C).

(9) ORS 164.075 – THEFT BY EXTORTION* —(B).

(10) ORS 164.085 – THEFT BY DECEPTION* – (C).

(11) ORS 164.095 – THEFT BY RECEIVING – (C). (If part of an organized operation; otherwise CC 3.)

(12) ORS 164.125 – THEFT OF SERVICES* – (C).

(13) ORS 164.135 – UNAUTHORIZED USE OF VEHICLE * – (C).

(14) ORS 164.140(4) – POSSESSION OF RENTED PROPERTY * – (C).

(15) ORS 164.215 – BURGLARY II* – (C).

(16) ORS 164.315 – ARSON II* – (C).

(17) ORS 164.365 – CRIMINAL MISCHIEF I * – (C).

(18) ORS 164.377(5) – COMPUTER FRAUD (LOTTERY) * – (C).

(19) ORS 164.377(5) – COMPUTER CRIME* – (C).

(20) ORS 164.395 – ROBBERY III – (C).

(21) ORS 164.868 – UNLAWFUL LABEL SOUND RECORDING* – (C).

(22) ORS 164.869 – UNLAWFUL RECORD LIVE PERFORMANCE* - (C).

(23) ORS 164.872 – UNLAWFUL LABEL VIDEOTAPE* – (C).

(24) ORS 164.889 – INTERFERE W/ AGRICULTURAL RESEARCH* – (C).

(25) ORS 165.013 – FORGERY I* – (C).

(26) ORS 165.022 – CRIMINAL POSSESSION OF FORGED INSTRUMENT I* – (C).

(27) ORS 165.055(3)(A) – CREDIT CARD FRAUD* – (C).

(28) ORS 165.065 – NEGOTIATING BAD CHECKS* – (C).

(29) ORS 165.074 – UNLAWFUL FACTORING PAYMENT CARD * – (C).

(30) ORS 165.800 – IDENTITY THEFT* – (C).

(31) ORS 166.087 – ABUSE OF CORPSE I – (B).

(32) ORS 166.385(3) – FELONY POSSESSION OF A HOAX DESTRUCTIVE DEVICE – (C).

(33) ORS 167.388 – INTERFERE LIVESTOCK PRODUCTION* – (C).

(34) ORS 609.990(3)(b) – MAINTAINING A DANGEROUS DOG – (C).

(35) ORS 647.145 – TRADEMARK COUNTERFEITING II* – (C).

(36) ORS 647.150 – TRADEMARK COUNTERFEITING I* – (B).

(37) ORS 819.300 – POSSESSION OF STOLEN VEHICLE* – (C).

(38) ORS 819.310 – TRAFFICKING IN STOLEN VEHICLES – (C). (If not categorized at CC 6.)

(39) 2003 Oregon Laws Ch 804 – UNLAWFUL DISTRIB. CIGARETTES – (C) <120,000.

(40) 2003 Oregon Laws Ch 804 – UNLAWFUL DISTRIB. TOBACCO PRODUCTS – (C)

(41) 2007 Oregon Laws Ch 584 – AGGRAVATED IDENTITY THEFT – (B).

(42) 2007 Oregon Laws Ch 681 – PURCHASE OR SALE OF A BODY PART FOR TRANSPLANTATION OR THERAPY – (C).

(43) 2007 Oregon Laws Ch 684 – CRIMINAL POSSESSION OF A RENTED OR LEASED MOTOR VEHICLE* – (C).

(44) 2007 Oregon Laws Ch 811 – SUBJECTING ANOTHER PERSON TO INVOLUNTARY SERVITUDE II – (C).

* Property offenses marked with an asterisk shall be ranked at Crime Category 5 if the value of the property stolen was $10,000 but less than $50,000, excluding the theft of a motor vehicle used primarily for personal rather than commercial transportation.

Stat. Auth.: ORS 137.667
Stats. Implemented: ORS 137.667 - 137.669, 164.889, 166.643 & 2003 OL Ch. 383, 453, 543, 632, 2005 OL Ch. 708, 2007 OL Ch. 584, 681, 684, & 811
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 1-2006, f. & cert. ef. 4-12-06; CJC 3-2007, f. 12-31-07 & cert. ef. 1-1-08; CJC 1-2008, f. & cert. ef. 10-9-08; CJC 1-2012(Temp), f. & cert. ef. 1-27-12 thru 7-24-12

Notes
1.) This online version of the OREGON BULLETIN is provided for convenience of reference and enhanced access. The official, record copy of this publication is contained in the original Administrative Orders and Rulemaking Notices filed with the Secretary of State, Archives Division. Discrepancies, if any, are satisfied in favor of the original versions. Use the OAR Revision Cumulative Index found in the Oregon Bulletin to access a numerical list of rulemaking actions after November 15, 2011.

2.) Copyright 2012 Oregon Secretary of State: Terms and Conditions of Use

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