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]

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2; 1983 c.740 § 21; 1985 c.503 § 1; 1987 c.320 § 82; 1989 c.790 § 8a; 1991 c.270 § 1; 1993 c.294 § 6; 1993 c.692 § 8; repealed by 1995 c.520 § 3 (144.791 enacted in lieu of 144.790)]

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