Measure 11 and Mandatory Minimum Sentencing

Measure 11—a referendum that was passed by Oregon voters in 1994—imposes mandatory minimum prison sentences on perpetrators of violent crimes, such as varying degrees of sex crimes. The law all but guarantees long sentences for certain violent offenses and limits the discretion of the court. If a criminal charge is made under Measure 11, the judge has no choice, except under limited circumstance, but to impose the mandatory minimum prison sentence, whether the offender has a criminal record or not.

Mandatory minimum prison sentences range from 70 months to 300 months. In addition to facing harsh sentences, Measure 11 offenders have very limited options. Convicted offenders are ineligible for early release or receiving reduced sentences for good behavior.

Approximately 25 violent crimes are punishable under Measure 11 (ORS 137.700). Additionally, any person convicted of a Major Felony Sex Crime (defined as Rape in the First Degree, Sodomy in the First Degree, Unlawful Sexual Penetration in the First Degree, or Using a Child in a Display of Sexually Explicit Conduct), who has one, or more, previous conviction of a Major Felony Sex Crime, shall be sentenced to a minimum of 25 years of prison (ORS 137.690).

CRIME MANDATORY MINIMUM SENTENCE
Arson 1 90 Months (7 Years 6 Months)
Assault 1 90 Months (7 Years 6 Months)
Assault 2 70 Months (5 Years 10 Months)*
Attempted Aggravated Murder 120 Months (10 Years)
Compelling Prostitution 70 Months (5 Years 10 Months)
Conspiracy to Commit Aggravated Murder 120 Months (10 Years)
Attempted Murder 90 Months (7 Years 6 Months)
Conspiracy to Commit Murder 90 Months (7 Years 6 Months)
Kidnapping 1 90 Months (7 Years 6 Months)                                                300 Months (25 Years)**
Kidnapping 2 70 Months (5 Years 10 Months)*
Manslaughter 1 120 Months (10 Years)
Manslaughter 2 75 Months (6 Years 3 Months)*
Murder 300 Months (25 Years)
Rape 1 100 Months (8 Years 4 Months)                                              300 Months (25 Years)**
Rape 2 75 Months (6 Years 3 Months)*
Robbery 1 90 Months (7 Years 6 Months)
Robbery 2 70 Months (5 Years 10 Months)*
Sexual Abuse 1 75 Months (6 Years 3 Months)*
Unlawful Sexual Penetration 1 100 Months (8 Years 4 Months)                                              300 Months (25 Years)**
Unlawful Sexual Penetration 2 75 Months (6 Years 3 Months)*
Sodomy 1 100 Months (8 Years 4 Months)                                              300 Months (25 Years)**
Sodomy 2 75 Months (6 Years 3 Months)*
Using a Child in a Display of Sexually Explicit Conduct 70 Months (5 Years 10 Months)
* There are specific exceptions that may allow a court to impose a sentence less than the Measure 11 minimum (ORS 137.712) **The 300 month sentence applies only to adult defendants and under special conditions

 

There are, however, a limited number of exceptions to Measure 11 sentencing that may allow a sentencing judge to depart from the mandatory minimum sentence. For example, a sentencing judge may depart downward (a lesser sentence) from the mandatory minimum sentence for the crimes of manslaughter in the second degree, assault in the second degree, kidnapping in the second degree, rape in the second degree, sodomy in the second degree, unlawful sexual penetration in the second degree, sexual abuse in the second degree, or robbery in the second degree if certain conditions are met (ORS 137.712).

The 300 month sentence (or Jessica’s Law) applies to adult offenders who committed their crime after April 24, 2006 and against a child who was under the age of 12 at the time of the offense.

Rob Crow
Connect with me
Licensed to practice law in all State & Federal Courts in Oregon.
Be the first to comment!
Post a Comment