137.700
Offenses requiring imposition of mandatory minimum sentences. (1) Notwithstanding ORS 161.605,
when a person is convicted of one of the offenses listed in subsection (2)(a)
of this section and the offense was committed on or after April 1, 1995, or of
one of the offenses listed in subsection (2)(b) of this section and the offense
was committed on or after October 4, 1997, or of the offense described in
subsection (2)(c) of this section and the offense was committed on or after
January 1, 2008, the court shall impose, and the person shall serve, at least
the entire term of imprisonment listed in subsection (2) of this section. The
person is not, during the service of the term of imprisonment, eligible for
release on post-prison supervision or any form of temporary leave from custody.
The person is not eligible for any reduction in, or based on, the minimum
sentence for any reason whatsoever under ORS 421.121 or any other statute. The
court may impose a greater sentence if otherwise permitted by law, but may not
impose a lower sentence than the sentence specified in subsection (2) of this
section.
(2) The offenses
to which subsection (1) of this section applies and the applicable mandatory
minimum sentences are:
______________________________________________________________________________
(a)(A) Murder in the
second
degree, as
defined in
ORS
163.115. 300 months
(B) Murder in the
first
degree, as
defined
in ORS
163.107 360 months
(C) Attempt or
conspiracy
to commit
aggravated
murder, as
defined
in ORS
163.095. 120 months
(D) Attempt or
conspiracy
to commit
murder
in any
degree. 90 months
(E) Manslaughter
in the
first
degree, as defined
in ORS
163.118. 120 months
(F) Manslaughter
in the
second
degree, as defined
in ORS
163.125. 75 months
(G) Assault in
the first
degree, as
defined in
ORS 163.185. 90
months
(H) Assault in
the second
degree, as
defined in
ORS
163.175. 70 months
(I) Except as
provided in
paragraph
(b)(G) of
this
subsection,
kidnapping
in the first
degree, as
defined
in ORS
163.235. 90 months
(J) Kidnapping
in the second
degree, as
defined in
ORS
163.225. 70 months
(K) Rape in the
first degree,
as defined
in ORS 163.375
(1)(a), (c)
or (d). 100 months
(L) Rape in the
second degree,
as defined
in
ORS
163.365. 75 months
(M) Sodomy in the
first degree,
as defined
in ORS 163.405
(1)(a), (c)
or (d). 100 months
(N) Sodomy in the
second
degree, as
defined in
ORS
163.395. 75 months
(O) Unlawful
sexual penetration
in the
first degree, as
defined in
ORS 163.411
(1)(a) or
(c). 100 months
(P) Unlawful
sexual penetration
in the
second degree, as
defined in
ORS 163.408.75 months
(Q) Sexual abuse
in the first
degree, as
defined in
ORS
163.427. 75 months
(R) Robbery in
the first degree,
as defined
in
ORS
164.415. 90 months
(S) Robbery in
the second
degree, as
defined in
ORS 164.405. 70
months
(b)(A) Arson in the
first degree,
as defined
in ORS 164.325,
when the
offense represented
a threat of
serious
physical
injury. 90 months
(B) Using a child
in a display
of sexually
explicit
conduct, as
defined in
ORS
163.670. 70 months
(C) Compelling
prostitution,
as defined
in
ORS
167.017. 70 months
(D) Rape in the
first degree,
as defined
in
ORS 163.375
(1)(b). 300 months
(E) Sodomy in the
first degree,
as defined
in
ORS 163.405
(1)(b). 300 months
(F) Unlawful
sexual penetration
in the
first degree, as
defined in
ORS 163.411
(1)(b). 300 months
(G) Kidnapping in
the first
degree, as
defined in
ORS
163.235, when the
offense is
committed in
furtherance
of the commission
or
attempted commission of an
offense
listed in subparagraph
(D), (E) or
(F) of
this
paragraph. 300 months
(c) Aggravated
vehicular
homicide,
as defined in
ORS
163.149. 240 months
______________________________________________________________________________
[1995 c.2 §1; 1995 c.421 §1; 1995 c.422 §47; 1997 c.852 §2; 2006 c.1 §1; 2007
c.867 §5; 2019 c.635 §10]
Note: Section 3 (2), chapter 1, Oregon
Laws 2006, provides:
Sec. 3. (2) The amendments to ORS 137.700
by section 1 of this 2006 Act apply only to a person who was at least 18 years
of age at the time the person committed an offense described in ORS 137.700
(2)(b)(D), (E), (F) or (G). [2006 c.1 §3(2)]
Note: 137.700 to 137.707 were enacted
into law but were 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
State Ex Rel. Huddleston v. Sawyer, 932 P.2d 1145 (Or. 1997).
· cites it 85× “[2] *1148 ORS 137.700 is the codification of Measure 11, which was adopted by the people in 1994.”
State v. Rodriguez/Buck, 217 P.3d 659 (Or. 2009).
· cites it 14× “That statute provides, in part: "(1)(a) Notwithstanding ORS 137.700 and 137.707, when a person is convicted of * * * sexual abuse in the first degree as defined in ORS 163.”
State Ex Rel. Caleb v. Beesley, 949 P.2d 724 (Or. 1997).
· cites it 22× “” In light of those rulings, defendant refused to impose the mandatory minimum sentences prescribed by ORS 137.700. Instead, defendant imposed only the presumptive sentences *87 prescribed for each crime by the state sentencing guidelines.”
State v. Ferman-Velasco, 41 P.3d 404 (Or. 2002).
· cites it 9× “In this criminal case, defendant claims that his mandatory minimum sentences, which the trial court imposed under ORS 137.700 (popularly known as Ballot Measure 11 (1994)), 1 offend certain provisions of the state and federal constitutions.”
State v. McCombs, 544 P.3d 390 (Or. Ct. App. 2024).
· cites it 9× “At defendant’s sentencing proceeding, the state rec- ommended that the court sentence defendant on each count to a 300-month prison sentence pursuant to ORS 137.700 and a lifetime of post-prison supervision term pursuant to ORS 144.”
State v. Nygaard, 466 P.3d 692 (Or. Ct. App. 2020).
· cites it 11× “With respect to sentencing, defendant contends that the trial court erred by imposing a sen- tence longer than either the mandatory minimum sentence under ORS 137.700 or the maximum sentence permissible under the sentencing guidelines.”
State v. Dallavis, 432 P.3d 282 (Or. Ct. App. 2018).
· cites it 36× “On Count 2, the trial court sentenced defendant to serve a 120-month sentence pursuant to the Oregon Sentencing Guidelines and made 100 months of that sentence a determinate sentence pursuant to *286 ORS 137.700. 3 As to Count 1, for furnishing alcohol to a minor, the trial…”
State v. Carey-Martin, 430 P.3d 98 (Or. Ct. App. 2018).
· cites it 8× “719 and ORS 137.700 -run afoul of the constitutional prohibition against disproportionate sentences under Article I, section 16.”
State v. Godines, 236 P.3d 824 (Or. Ct. App. 2010).
· cites it 15× “He assigns error only to the trial court’s imposition of mandatory minimum sentences under ORS 137.700 (1997) (Measure 11) on Counts 1 through 4.”
State v. Shaw, 225 P.3d 855 (Or. Ct. App. 2010).
· cites it 10× “Those convictions carried with them certain mandatory sentences under ORS 137.700: Defendant received a sentence of 25 years’ imprisonment and lifetime post-prison supervision on the rape conviction, and a concurrent sentence of 75 months’ imprisonment on the sexual abuse…”
State v. Luers, 153 P.3d 688 (Or. Ct. App. 2007).
· cites it 7× “In his sixth assignment of error, defendant contends that the trial court erred in denying his motion for judgments of acquittal regarding the element of the first-degree arson charges that elevated those charges to ORS 137.700 (Measure 11) offenses. Defendant first contends…”
State v. Gonzalez, 534 P.3d 289 (Or. Ct. App. 2023).
· cites it 7× “It then departed from both ORS 137.700 and the guidelines range during sentencing.”
— Or. Rev. Stat. § 137.700(1) — 19 cases
State v. Dallavis, 432 P.3d 282 (Or. Ct. App. 2018).
“On Count 2, the trial court sentenced defendant to serve a 120-month sentence pursuant to the Oregon Sentencing Guidelines and made 100 months of that sentence a determinate sentence pursuant to *286 ORS 137.700. 3 As to Count 1, for furnishing alcohol to a minor, the trial…”
State v. Ferman-Velasco, 41 P.3d 404 (Or. 2002).
“In this criminal case, defendant claims that his mandatory minimum sentences, which the trial court imposed under ORS 137.700 (popularly known as Ballot Measure 11 (1994)), 1 offend certain provisions of the state and federal constitutions.”
State Ex Rel. Caleb v. Beesley, 949 P.2d 724 (Or. 1997).
“” In light of those rulings, defendant refused to impose the mandatory minimum sentences prescribed by ORS 137.700. Instead, defendant imposed only the presumptive sentences *87 prescribed for each crime by the state sentencing guidelines.”
— Or. Rev. Stat. § 137.700(2) — 18 cases
State v. McCombs, 544 P.3d 390 (Or. Ct. App. 2024).
“At defendant’s sentencing proceeding, the state rec- ommended that the court sentence defendant on each count to a 300-month prison sentence pursuant to ORS 137.700 and a lifetime of post-prison supervision term pursuant to ORS 144.”
— Or. Rev. Stat. § 137.700(2)(D) — 2 cases
— Or. Rev. Stat. § 137.700(2)(G) — 3 cases
— Or. Rev. Stat. § 137.700(2)(H) — 1 case
— Or. Rev. Stat. § 137.700(2)(I) — 2 cases
— Or. Rev. Stat. § 137.700(2)(N) — 1 case
— Or. Rev. Stat. § 137.700(2)(R) — 3 cases
— Or. Rev. Stat. § 137.700(2)(a) — 4 cases
State v. Ferman-Velasco, 41 P.3d 404 (Or. 2002).
“In this criminal case, defendant claims that his mandatory minimum sentences, which the trial court imposed under ORS 137.700 (popularly known as Ballot Measure 11 (1994)), 1 offend certain provisions of the state and federal constitutions.”
— Or. Rev. Stat. § 137.700(2)(a)(0) — 2 cases
State v. Rodriguez/Buck, 217 P.3d 659 (Or. 2009).
“That statute provides, in part: "(1)(a) Notwithstanding ORS 137.700 and 137.707, when a person is convicted of * * * sexual abuse in the first degree as defined in ORS 163.”
— Or. Rev. Stat. § 137.700(2)(a)(A) — 6 cases
State v. Shaw, 225 P.3d 855 (Or. Ct. App. 2010).
“Those convictions carried with them certain mandatory sentences under ORS 137.700: Defendant received a sentence of 25 years’ imprisonment and lifetime post-prison supervision on the rape conviction, and a concurrent sentence of 75 months’ imprisonment on the sexual abuse…”
— Or. Rev. Stat. § 137.700(2)(a)(B) — 2 cases
— Or. Rev. Stat. § 137.700(2)(a)(C) — 1 case
— Or. Rev. Stat. § 137.700(2)(a)(D) — 4 cases
— Or. Rev. Stat. § 137.700(2)(a)(E) — 3 cases
— Or. Rev. Stat. § 137.700(2)(a)(F) — 3 cases
— Or. Rev. Stat. § 137.700(2)(a)(G) — 11 cases
— Or. Rev. Stat. § 137.700(2)(a)(H) — 6 cases
— Or. Rev. Stat. § 137.700(2)(a)(I) — 1 case
— Or. Rev. Stat. § 137.700(2)(a)(J) — 4 cases
— Or. Rev. Stat. § 137.700(2)(a)(K) — 8 cases
State v. Rodriguez/Buck, 217 P.3d 659 (Or. 2009).
“That statute provides, in part: "(1)(a) Notwithstanding ORS 137.700 and 137.707, when a person is convicted of * * * sexual abuse in the first degree as defined in ORS 163.”
— Or. Rev. Stat. § 137.700(2)(a)(L) — 8 cases
— Or. Rev. Stat. § 137.700(2)(a)(M) — 2 cases
State v. Rodriguez/Buck, 217 P.3d 659 (Or. 2009).
“That statute provides, in part: "(1)(a) Notwithstanding ORS 137.700 and 137.707, when a person is convicted of * * * sexual abuse in the first degree as defined in ORS 163.”
— Or. Rev. Stat. § 137.700(2)(a)(N) — 3 cases
State v. Nygaard, 466 P.3d 692 (Or. Ct. App. 2020).
“With respect to sentencing, defendant contends that the trial court erred by imposing a sen- tence longer than either the mandatory minimum sentence under ORS 137.700 or the maximum sentence permissible under the sentencing guidelines.”
— Or. Rev. Stat. § 137.700(2)(a)(O) — 1 case
State v. Rodriguez/Buck, 217 P.3d 659 (Or. 2009).
“That statute provides, in part: "(1)(a) Notwithstanding ORS 137.700 and 137.707, when a person is convicted of * * * sexual abuse in the first degree as defined in ORS 163.”
— Or. Rev. Stat. § 137.700(2)(a)(P) — 22 cases
State v. Rodriguez/Buck, 217 P.3d 659 (Or. 2009).
“That statute provides, in part: "(1)(a) Notwithstanding ORS 137.700 and 137.707, when a person is convicted of * * * sexual abuse in the first degree as defined in ORS 163.”
— Or. Rev. Stat. § 137.700(2)(a)(Q) — 21 cases
— Or. Rev. Stat. § 137.700(2)(a)(R) — 10 cases
— Or. Rev. Stat. § 137.700(2)(a)(S) — 4 cases
— Or. Rev. Stat. § 137.700(2)(b) — 5 cases
— Or. Rev. Stat. § 137.700(2)(b)(A) — 6 cases
State v. Gonzalez, 534 P.3d 289 (Or. Ct. App. 2023).
“It then departed from both ORS 137.700 and the guidelines range during sentencing.”
State v. Luers, 153 P.3d 688 (Or. Ct. App. 2007).
“In his sixth assignment of error, defendant contends that the trial court erred in denying his motion for judgments of acquittal regarding the element of the first-degree arson charges that elevated those charges to ORS 137.700 (Measure 11) offenses. Defendant first contends…”
— Or. Rev. Stat. § 137.700(2)(b)(C) — 2 cases
— Or. Rev. Stat. § 137.700(2)(b)(D) — 3 cases
State v. Shaw, 225 P.3d 855 (Or. Ct. App. 2010).
“Those convictions carried with them certain mandatory sentences under ORS 137.700: Defendant received a sentence of 25 years’ imprisonment and lifetime post-prison supervision on the rape conviction, and a concurrent sentence of 75 months’ imprisonment on the sexual abuse…”
— Or. Rev. Stat. § 137.700(2)(b)(E) — 7 cases
State v. Shaw, 225 P.3d 855 (Or. Ct. App. 2010).
“Those convictions carried with them certain mandatory sentences under ORS 137.700: Defendant received a sentence of 25 years’ imprisonment and lifetime post-prison supervision on the rape conviction, and a concurrent sentence of 75 months’ imprisonment on the sexual abuse…”
— Or. Rev. Stat. § 137.700(2)(b)(F) — 5 cases
— Or. Rev. Stat. § 137.700(2)(b)(G) — 3 cases
State v. Shaw, 225 P.3d 855 (Or. Ct. App. 2010).
“Those convictions carried with them certain mandatory sentences under ORS 137.700: Defendant received a sentence of 25 years’ imprisonment and lifetime post-prison supervision on the rape conviction, and a concurrent sentence of 75 months’ imprisonment on the sexual abuse…”
— Or. Rev. Stat. § 137.700(2)(c) — 1 case
State Ex Rel. Caleb v. Beesley, 949 P.2d 724 (Or. 1997).
“” In light of those rulings, defendant refused to impose the mandatory minimum sentences prescribed by ORS 137.700. Instead, defendant imposed only the presumptive sentences *87 prescribed for each crime by the state sentencing guidelines.”
— Or. Rev. Stat. § 137.700(2)(e) — 2 cases
State Ex Rel. Caleb v. Beesley, 949 P.2d 724 (Or. 1997).
“” In light of those rulings, defendant refused to impose the mandatory minimum sentences prescribed by ORS 137.700. Instead, defendant imposed only the presumptive sentences *87 prescribed for each crime by the state sentencing guidelines.”
— Or. Rev. Stat. § 137.700(2)(h) — 1 case
— Or. Rev. Stat. § 137.700(2)(p) — 1 case
— Or. Rev. Stat. § 137.700(2)(q) — 1 case
— Or. Rev. Stat. § 137.700(2)(r) — 3 cases
— Or. Rev. Stat. § 137.700(3)(a)(D) — 2 cases
— Or. Rev. Stat. § 137.700(4)(b)(B) — 1 case
— Or. Rev. Stat. § 137.700(a)(A) — 3 cases
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