(1) As used in this section:

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Terms Used In Oregon Statutes 163.426

  • Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
  • Sentencing guidelines: A set of rules and principles established by the United States Sentencing Commission that trial judges use to determine the sentence for a convicted defendant. Source: U.S. Courts

(a) ‘Coach’ means a person who instructs or trains an individual or members of a team in a sport.

(b) ‘Teacher’ means an employee of a school or school district who has direct responsibility for the instruction of students.

(2) The Oregon Criminal Justice Commission shall classify sexual abuse in the second degree as described in ORS § 163.425 (1)(a) as a crime category 8 of the sentencing guidelines grid of the commission if:

(a) The victim is incapable of consent by reason of being under 18 years of age;

(b) The offender is 21 years of age or older; and

(c) At any time before the commission of the offense, the offender was the victim’s coach or teacher. [2009 c.876 § 1; 2021 c.403 § 2]

 

163.426 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS Chapter 163 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.