§ 137.672 Aggravating factor sentencing rules relating to gender identity of victim

This rule tells the Oregon Criminal Justice Commission to treat crimes motivated by a victim's gender identity as more serious when deciding sentences. Gender identity is defined the same way it is in another Oregon law, ORS 166.155.

In practice, this means if someone commits a crime and part of the reason (even just part of the reason) was the victim's gender identity, a judge can consider this as a factor that supports a harsher sentence. The crime does not have to be motivated only by the victim's gender identity. Even if it was one of several reasons behind the crime, it still counts as an aggravating factor.

This rule affects how judges decide punishment after someone is convicted. It gives victims of gender identity based crimes some legal recognition in the sentencing process, similar to protections that already exist for other bias motivated crimes.