§ 136.760 Definitions for ORS 136.765 to 136.785

This rule explains two terms used in a small group of Oregon laws about criminal sentencing. It does not create new rights or rules on its own. Instead, it just defines words so the other related laws make sense.

The first term, "accusatory instrument," means the same thing it means elsewhere in Oregon law. This usually refers to formal documents like an indictment or complaint that charge someone with a crime.

The second term, "enhancement fact," is more important for regular people to understand. This means a fact that could increase someone's prison sentence beyond the normal range, and the law says a jury (not just a judge) must decide if that fact is true. For example, if a fact about how a crime was committed could lead to extra punishment, the jury needs to consider and decide that fact, not the judge alone. This protects a person's right to have a jury weigh in on anything that could add time to their sentence.