Oregon Administrative Rules
Chapter 213 - OREGON CRIMINAL JUSTICE COMMISSION
Division 4 - THE SENTENCING GUIDELINES GRID
Section 213-004-0010 - Burglary I

Universal Citation: OR Admin Rules 213-004-0010

Current through Register Vol. 63, No. 9, September 1, 2024

(1) A prior Burglary I (ORS 164.225) conviction for an offense committed after the effective date of these rules shall be classified for criminal history:

(a) As a prior person felony if that prior conviction was classified as a Crime Category 9 or 8 offense on the Crime Seriousness Scale (OAR 213-018-0025(1) and (2)); and

(b) As a prior non-person felony if that prior conviction was classified as a Crime Category 7 offense on the Crime Seriousness Scale (OAR 213-018-0025(3)).

(2) A prior Burglary I (ORS 164.225) conviction for an offense committed before the effective date of these rules or any juvenile adjudication for conduct, committed before or after the effective date of these rules, which if committed by an adult would have constituted Burglary I shall be classified as a prior person felony if the State proves by a preponderance of the evidence that the criminal conduct would have been classified as a Crime Category 9 or 8 offense on the Crime Seriousness Scale (OAR 213-018-0025(1) and (2)), however if the State does not meet that burden of proof, then the prior offense shall be classified as a prior non-person felony in crime category 7 (OAR 213-018-0025(3)).

Stat. Auth.: ORS 137.667

Stats. Implemented: ORS 137.667 - ORS 137.669

Disclaimer: These regulations may not be the most recent version. Oregon may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.