Oregon § 164.063 Disproportionate impact; rules

Oregon Statutes

§ 164.063 — Disproportionate impact; rules

Oregon § 164.063

Vol.4

Title 16Crimes and Punishments

Ch. 164Offenses Against Property

This text of Oregon § 164.063 (Disproportionate impact; rules) is published on Counsel Stack Legal Research, covering Oregon primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Or. Rev. Stat. § 164.063 (2026).

Text

(1)As used in this section, “disproportionate impact” means that, in a case of theft in the first degree under ORS 164.055 or aggravated theft in the first degree under ORS 164.057:

(a)The offender caused damage to property during the commission of the theft and the cost to restore the damaged property to the condition the property was in immediately before the theft is more than three times the value of the property that was the subject of the theft; or

(b)The theft of the property creates a hazard to public health or safety or the environment.

(2)The Oregon Criminal Justice Commission shall adopt rules that establish disproportionate impact as an aggravating factor that a court may consider as a substantial and compelling reason to impose an upward departure from a presumptive senten

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(1) As used in this section, “disproportionate impact” means that, in a case of theft in the first degree under ORS 164.055 or aggravated theft in the first degree under ORS 164.057:
(a) The offender caused damage to property during the commission of the theft and the cost to restore the damaged property to the condition the property was in immediately before the theft is more than three times the value of the property that was the subject of the theft; or
(b) The theft of the property creates a hazard to public health or safety or the environment.
(2) The Oregon Criminal Justice Commission shall adopt rules that establish disproportionate impact as an aggravating factor that a court may consider as a substantial and compelling reason to impose an upward departure from a presumptive sentence under the rules of the commission.