When a court sentences a defendant convicted of any crime involving a physical or sexual assault, the court shall give consideration to a victim’s particular vulnerability to injury in such case, due to the victim’s youth, advanced age or physical disability. Such particular vulnerability of the victim is a fact enhancing the seriousness of any assault, and the court shall consider it as such in imposing the sentence within the limits otherwise provided by law. [1985 c.767 § 1]

137.085 was enacted into law by the Legislative Assembly but was 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.