OAR 213-017-0002: Crime Category 10

The following offenses are classified at crime category 10 on the Crime Seriousness Scale: (1) CONTROLLED SUBSTANCE OFFENSES – See division 19. (2) CANNABIS OFFENSES – See division 21. (3) ORS 163.107 — ATTEMPT MURDER I — (A). (4) ORS 163.118 — MANSLAUGHTER I — (A). (5) ORS 163.149 — AGGRAVATED VEHICULAR HOMICIDE — (A). (6) ORS 163.185 — ASSAULT I — (A). (If victim did not substantially contribute to the commission of the offense by precipitating the attack; otherwise CC 9.) (7) ORS 163.235 — KIDNAPPING I — (A). (8) ORS 163.375 — RAPE I* — (A). (If aggravated by factors listed below; otherwise CC 9.) (9) ORS 163.405 — SODOMY I* — (A). (If aggravated by factors listed below; otherwise CC 9.) (10) ORS 163.411 — SEXUAL PENETRATION I* — (A). (If aggravated by factors listed below; otherwise CC 9.) (11) ORS 164.325 — ARSON I — (A). (If offense represented threat of serious physical injury; otherwise CC 9, 8 or 7.) (12) * Rape I, Sodomy I and Sexual Penetration with Foreign Object I shall be ranked at Crime Category 10 if one or more of the following factors were included in the commission of the offense: (a) The offender used or threatened to use a weapon; (b) The offender caused or threatened to cause serious physical injury; (c) The victim was under the age of twelve; or (d) The victim was incapable of consent by reason of mental defect, mental incapacitation or physical helplessness.