(1) As used in this section: (a) History of sexual assault means that a person has engaged in unlawful sexual conduct that: (A) Was not committed as part of the same criminal episode as the crime for which the person is currently being sentenced; and (B) Seriously endangered the life or safety of another person or involved a victim under 12 years of age. (b) Sexually violent dangerous offender means a person who has psychopathic personality features, sexually deviant arousal patterns or interests and a history of sexual assault and presents a substantial probability of committing a crime listed in subsection (3) of this section. (2) Notwithstanding ORS 161.605, when a person is convicted of a crime listed in subsection (3) of this section, in addition to any sentence of imprisonment required by law, a court shall impose a period of post-prison supervision that extends for the life of the person if: (a) The person was 18 years of age or older at the time the person committed the crime; and (b) The person is a sexually violent dangerous offender. (3) The crimes to which subsection (2) of this section applies are: (a) Rape in the first degree and sodomy in the first degree if the victim was: (A) Subjected to forcible compulsion by the person; (B) Under 12 years of age; or (C) Incapable of consent by reason of mental incapacitation, physical helplessness or incapability of appraising the nature of the victims conduct; (b) Unlawful sexual penetration in the first degree; and (c) An attempt to commit a crime listed in paragraph (a) or (b) of this subsection. Note: 137.765 to 137.771 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 137 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
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