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Oregon Revised Statutes

Or. Rev. Stat. § 137.690 (2026)

Major felony sex crime

✓ current as of May 2026
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      137.690 Major felony sex crime. a. Any person who is convicted of a major felony sex crime, who has one (or more) previous conviction of a major felony sex crime, shall be imprisoned for a mandatory minimum term of 25 years.

      b. “Major felony sex crime” means rape in the first degree (ORS 163.375), sodomy in the first degree (ORS 163.405), unlawful sexual penetration in the first degree (ORS 163.411), or using a child in a display of sexually explicit conduct (ORS 163.670).

      c. “Previous conviction” includes a conviction for the statutory counterpart of a major felony sex crime in any jurisdiction, and includes a conviction in the same sentencing proceeding if the conviction is for a separate criminal episode as defined in ORS 131.505. [2011 c.1 §2]

 

      Note: 137.690 was enacted into law but was not added to or made a part of ORS chapter 137 or any series therein by law. See Preface to Oregon Revised Statutes for further explanation.

Notes of Decisions
Cited in 35 cases (23 in the last 5 years), 2015–2026 · leading case: State v. Carey-Martin, 430 P.3d 98 (Or. Ct. App. 2018).
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State v. Carey-Martin, 430 P.3d 98 (Or. Ct. App. 2018). · cites it 50× “*101 *613 ORS 137.690, the statute that enacted Ballot Measure 73, imposes a mandatory minimum term of 25 years for a person who has been convicted of more than one "major felony sex crime.”
State v. Thornsberry, 501 P.3d 1 (Or. Ct. App. 2021). · cites it 19× “Lane County Circuit Court 17CR75871; A167617 501 P3d 1 For one of defendant’s two first-degree rape convictions, the trial court imposed a 300-month prison term under ORS 137.690, which provides for that imprisonment term if a defendant has a prior conviction, which includes a…”
Perkins v. Fhuere, 549 P.3d 25 (Or. Ct. App. 2024). · cites it 23× “In this post-conviction proceeding, he appeals a judgment denying relief from his convictions and sentences on those counts.”
State v. Althouse, 375 P.3d 475 (Or. 2016). · cites it 6× “He notes that ORS 137.690 requires a 25-year mandatory minimum sentence for a defendant’s second “major felony sex crime.”
State v. Horseman, 432 P.3d 258 (Or. Ct. App. 2018). · cites it 10× “On four of those sexual-display convictions, the trial court sentenced defendant to concurrent 300-month prison terms under ORS 137.690. 1 Defendant challenges those statutorily mandated 300-month prison terms on appeal, arguing that they are unconstitutionally disproportionate…”
State v. Rideout, 465 P.3d 255 (Or. Ct. App. 2020). · cites it 24× “The state cross-appeals, arguing that the trial court erred when it concluded that the 25-year mandatory minimum sentence under ORS 137.690 for defendant’s first-degree sodomy and first-degree rape convictions was unconstitutional to impose on defendant under Article I, section…”
State v. Allen, 432 P.3d 250 (Or. Ct. App. 2018). · cites it 9× “Defendant asserts that ORS 137.690, under which he was sentenced to three 25-year concurrent terms of imprisonment, is disproportionate as applied, in violation of Article I, section 16, of the Oregon Constitution and the Eighth Amendment to the United States *251 Constitution.”
State v. Miles, 533 P.3d 368 (Or. Ct. App. 2023). · cites it 6× “690(c), and sentenced defendant to the mandatory- minimum 300 months for each of Count 14 (first-degree rape), Count 15 (first-degree sodomy), and Count 16 (first- degree unlawful sexual penetration).”
State v. Rideout, 480 P.3d 337 (Or. Ct. App. 2021). · cites it 12× “The state concedes that, under Ramos, the trial court plainly erred in accepting a nonunanimous verdict on defendant’s sodomy charge, and that defendant is entitled to reversal and a new trial for that charge.”
State v. Hernandez-Esteban, 543 P.3d 154 (Or. Ct. App. 2024). · cites it 3× “9 Notably, in his separate opinion, Chief Justice De Muniz expressed concern that considering a defendant’s criminal history in sentencing outside the context of a true recidivist statute raises “all manner of issues” and “will lead 9 We note that ORS 137.690, which provides for…”
State v. Cid, 500 P.3d 758 (Or. Ct. App. 2021). · cites it 2× “4 Likewise, the trial court at that time can consider the state’s argument that the court actually should have imposed a mandatory 300-month sentence under ORS 137.690, rather than the 138-month sentence it imposed under ORS 137.”
State v. Carlton, 388 P.3d 1093 (Or. 2017). “095(l)(c) defines the offense of aggravated murder as murder accompanied by the circumstance that the defendant “committed murder after having been convicted previously in any jurisdiction of any homicide, the elements of which constitute the crime of murder as defined in ORS…”
Show all 35 citing cases →
— Or. Rev. Stat. § 137.690(1) — 1 case
State v. Allen, 432 P.3d 250 (Or. Ct. App. 2018). “Defendant asserts that ORS 137.690, under which he was sentenced to three 25-year concurrent terms of imprisonment, is disproportionate as applied, in violation of Article I, section 16, of the Oregon Constitution and the Eighth Amendment to the United States *251 Constitution.”
— Or. Rev. Stat. § 137.690(a) — 4 cases
Perkins v. Fhuere, 549 P.3d 25 (Or. Ct. App. 2024). “In this post-conviction proceeding, he appeals a judgment denying relief from his convictions and sentences on those counts.”
State v. Thornsberry, 501 P.3d 1 (Or. Ct. App. 2021). “Lane County Circuit Court 17CR75871; A167617 501 P3d 1 For one of defendant’s two first-degree rape convictions, the trial court imposed a 300-month prison term under ORS 137.690, which provides for that imprisonment term if a defendant has a prior conviction, which includes a…”
State v. Rideout, 333 Or. App. 614 (Or. Ct. App. 2024).
State v. Igo, 559 P.3d 427 (Or. Ct. App. 2024).
— Or. Rev. Stat. § 137.690(b) — 7 cases
State v. Althouse, 375 P.3d 475 (Or. 2016). “He notes that ORS 137.690 requires a 25-year mandatory minimum sentence for a defendant’s second “major felony sex crime.”
State v. Carey-Martin, 430 P.3d 98 (Or. Ct. App. 2018). “*101 *613 ORS 137.690, the statute that enacted Ballot Measure 73, imposes a mandatory minimum term of 25 years for a person who has been convicted of more than one "major felony sex crime.”
State v. Thornsberry, 501 P.3d 1 (Or. Ct. App. 2021). “Lane County Circuit Court 17CR75871; A167617 501 P3d 1 For one of defendant’s two first-degree rape convictions, the trial court imposed a 300-month prison term under ORS 137.690, which provides for that imprisonment term if a defendant has a prior conviction, which includes a…”
State v. Rideout, 465 P.3d 255 (Or. Ct. App. 2020). “The state cross-appeals, arguing that the trial court erred when it concluded that the 25-year mandatory minimum sentence under ORS 137.690 for defendant’s first-degree sodomy and first-degree rape convictions was unconstitutional to impose on defendant under Article I, section…”
State v. Rideout, 480 P.3d 337 (Or. Ct. App. 2021). “The state concedes that, under Ramos, the trial court plainly erred in accepting a nonunanimous verdict on defendant’s sodomy charge, and that defendant is entitled to reversal and a new trial for that charge.”
— Or. Rev. Stat. § 137.690(c) — 12 cases
State v. Thornsberry, 501 P.3d 1 (Or. Ct. App. 2021). “Lane County Circuit Court 17CR75871; A167617 501 P3d 1 For one of defendant’s two first-degree rape convictions, the trial court imposed a 300-month prison term under ORS 137.690, which provides for that imprisonment term if a defendant has a prior conviction, which includes a…”
State v. Horseman, 432 P.3d 258 (Or. Ct. App. 2018). “On four of those sexual-display convictions, the trial court sentenced defendant to concurrent 300-month prison terms under ORS 137.690. 1 Defendant challenges those statutorily mandated 300-month prison terms on appeal, arguing that they are unconstitutionally disproportionate…”
Perkins v. Fhuere, 549 P.3d 25 (Or. Ct. App. 2024). “In this post-conviction proceeding, he appeals a judgment denying relief from his convictions and sentences on those counts.”
State v. Miles, 533 P.3d 368 (Or. Ct. App. 2023). “690(c), and sentenced defendant to the mandatory- minimum 300 months for each of Count 14 (first-degree rape), Count 15 (first-degree sodomy), and Count 16 (first- degree unlawful sexual penetration).”
State v. Rideout, 465 P.3d 255 (Or. Ct. App. 2020). “The state cross-appeals, arguing that the trial court erred when it concluded that the 25-year mandatory minimum sentence under ORS 137.690 for defendant’s first-degree sodomy and first-degree rape convictions was unconstitutional to impose on defendant under Article I, section…”
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