Measure 11 Offenses FAQs
In 1994 Oregon voters passed Measure 11 which imposes minimum mandatory sentences for certain crimes against persons. Most of these mandatory minimum sentences can be found at ORS 137.700. There is no possibility of a reduction in sentencing for these crimes.
Currently Measure 11 offenses include:
The definition can be found at ORS 163.095 A person can be convicted of aggravated murder when they commit a murder for hire or hire another person to commit a murder, they murder someone after having been convicted of a previous murder, when they commit multiple murders in a single violent incident, when the killing results from torture or maiming of the victim, when the victim is under 14, or when the victim is a person involved in the criminal justice system who was in the course of their official duties when killed. The mandatory minimum sentence is life imprisonment.
Found at ORS 163.118 a person commits manslaughter is the first degree when he or she recklessly kills someone under circumstance manifesting extreme indifference to human life or kills someone intentionally while under the influence of an extreme emotional disturbance or recklessly kills a dependent person under the age of 14 and has been abusing that person or if a person who is under the influence of intoxicants recklessly or criminally negligently kills someone with their car and the person has a pattern of drunk driving or a pattern of violent behavior shown through previous convictions.
Found at ORS 163.25 a person commits manslaughter in the second degree when he or she recklessly kills someone OR intentionally causes someone to commit suicide OR causes the death of someone who is a dependent (such as the accused’s child) and who is under the age of 14 and the accused has a pattern of abusing or torturing or maltreating the victim. The mandatory minimum sentence for Manslaughter in the second-degree is 75 months.
Found at ORS 163.185 a person commits assault in the first-degree when a person intentionally causes serious physical injury to another by means of a deadly or dangerous weapon OR knowingly causes injury to another person who is under 6 years old OR commits assault II against a pregnant person OR recklessly causes serious physical injury to another person while with a motor vehicle when the accused has a history of driving under the influence. The mandatory minimum sentence for assault in the first-degree is 90 months.
Found at ORS 163.175 a person commits assault in the second-degree when a person intentionally or knowingly causes serious physical injury to another OR knowingly causes physical injury to another by means of a deadly or dangerous weapon OR recklessly causes serious physical injury to another by means of a deadly or dangerous weapon under circumstances that show the accused showed an extreme indifference to the value of human life. The mandatory minimum sentence for assault in the second-degree is 70 months.
Found at ORS 163.375 a person commits the crime of rape in the first-degree when the accused had sexual intercourse with another person and the victim was forced to comply AND the victim is under 12 years of age OR the victim is under 16 and is a close family member OR the victim is incapable of giving consent because of a mental or physical disability. The mandatory minimum sentence for rape in the first-degree is 100 months.
Found at ORS 163.365 a person commits the crime of rape in the second-degree when the accused had sexual intercourse with another person who is under the age of 14. The mandatory minimum sentence for rape in the second-degree is 75 months.
Found at ORS 164.415 a person commits the crime of robbery in the first-degree when a that person threatens to use or does use physical for while the accuses is stealing or attempting to steal property from that victim AND the accused is armed with a deadly weapon OR uses or attempts to use a dangerous weapon OR causes or attempts to causes serious physical injury to the victim. The mandatory minimum sentence for robbery in the second-degree is 90 months.
Found at ORS 164.405 a person commits the crime of robbery in the second degree when that person uses or threatens to use physical force while the accused is stealing or attempting to steal property from the victim AND the accused tells the victim that the accused has a deadly or dangerous weapon or the accused is aided by another person (an accomplice). The mandatory minimum sentence for Robbery II is 70 months.
Found at ORS 164.325 a person commits the crime of Arson in the first-degree when that person sets a fire or causes an explosion and intentionally causes damage to another person’s property OR intentionally causes damage to his or her own property but, in doing so, puts other people’s property or safety in danger OR intentionally causes damage to any property and, as a result, causes injury to a fire fighter or police officer OR engages in the manufacture of methamphetamine and accidentally causes a fire or explosion that damages property. The mandatory minimum sentence for arson in the first-degree is 90 months when there was a serious risk of physical injury to another person.
Found at ORS 163.235 a person commits the crime of kidnapping in the first-degree when the accused takes another person, without that person’s permission, from one place to another or secretly confines the other person AND does this in order to: Obtain a ransom; use the victim as a hostage; cause physical injury; to terrorize the victim; to rape, sodomize, or sexually penetrate the victim. The mandatory minimum sentence for kidnapping in the first-degree is 90 months.
Found at ORS 163.225 a person commits the crime of kidnapping in the second-degree when that accused takes another person, without that person’s permission, from one place to another or secretly confines the other person. The mandatory minimum sentence for kidnapping in the second-degree is 70 months.
Found at ORS 163.405 a person commits the crime of sodomy in the first degree by having deviate sexual intercourse with another person who is forced to comply OR another person who is under the age of 12 OR another person who is under the age of 16 and is a family member of the accused OR another person who is physically or mentally incapacitated. The mandatory minimum sentence for sodomy in the first degree is 100 months.
Found at ORS 163.395 a person commits the crime of sodomy in the second degree by having deviate sexual intercourse with another person who is under the age of 14. The mandatory minimum sentence for sodomy in the second degree is 75 months.
Found at ORS 167.017 a person commits the crime of compelling prostitution when that person uses force or intimidation to force another into prostitution OR induces another person under the age of 18 to prostitute. The mandatory minimum sentence for compelling prostitution is 70 months.
Found at ORS 163.411 a person commits the crime of sexual penetration in the first degree if that person penetrates the vagina, anus, or penis of another person with any object other than the penis or mouth of the perpetrator AND the victim is forced to comply OR the victim is under the age of 12 OR the victim is mentally or physically incapacitated. The mandatory minimum sentence for sexual penetration I is 300 months.
Found at ORS 163.408 a person commits the crime of sexual penetration in the second degree if that person penetrates the vagina, anus, or penis of another person with any object other than the penis or mouth of the perpetrator AND the victim is under the age of 14. The mandatory minimum sentence for sexual penetration in the second degree is 75 months.
Found at ORS 163.427 a person commits the crime of sexual abuse in the first degree when that person subjects another to sexual conduct AND the victim is under the age of 14 OR the victim was forced to comply OR the victim is mentally or physically incapacitated. The mandatory minimum sentence for sexual abuse in the first degree is 75 months.
Jessica’s Law
Jessica’s Law is designed to reduce the ability of sexual offender’s to re-offend. Jessica’s Law creates a mandatory minimum sentence of 25 years for persons over the age of 18 who are convicted of a first degree sex related offense (such as rape, sodomy, or sexual penetration) of a person under the age of 12. In addition if the offender is sentenced to a term of years (anything other than a life sentence) then he or she must also be under lifetime probation after being released from prison. The first version of this law was passed in Florida and named after a victim who lived in that State. Since that time several states have adopted versions of the law, including Oregon. Oregon’s version of Jessica’s law was passed in 2006. Jessica’s Law amended the previously passed Measure 11 mandatory minimum sentences for the above mentioned sex crimes.
