137.707
Mandatory minimum sentences for certain juvenile offenders waived to adult
court; lesser included offenses; return to juvenile court. (1) When a person waived under ORS
419C.349 (1)(a) is convicted of an offense listed in subsection (4) of this
section, the court shall impose at least the presumptive term of imprisonment
provided for the offense in subsection (4) of this section. The court may
impose a greater presumptive term if otherwise permitted by law, but may not
impose a lesser term. 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
the minimum sentence for any reason under ORS 421.121 or any other provision of
law. The person is eligible for a hearing and conditional release under ORS
420A.203 and 420A.206.
(2) ORS 138.052,
163.105 and 163.150 apply to sentencing a person prosecuted under this section
and convicted of aggravated murder under ORS 163.095 except that a person who
was under 18 years of age at the time the offense was committed is not subject
to a sentence of death or life imprisonment without the possibility of release
or parole.
(3) The court
shall commit the person to the legal and physical custody of the Department of
Corrections.
(4) The offenses
to which this section applies and the presumptive 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) 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. 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. 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. 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
(1)(a), (b)
or (d). 70 months
(c) Aggravated
vehicular
homicide,
as defined in
ORS
163.149. 240 months
______________________________________________________________________________
(5) If a person
charged with an offense under this section is found guilty of a lesser included
offense and the lesser included offense is:
(a) An offense
listed in subsection (4) of this section, the court shall sentence the person
as provided in subsections (1) and (2) of this section.
(b) Not an
offense listed in subsection (4) of this section:
(A) But
constitutes an offense for which waiver is authorized under ORS 419C.349
(1)(b), the court, upon motion of the district attorney, shall hold a hearing
to determine whether to retain jurisdiction or to transfer the case to juvenile
court for disposition. In determining whether to retain jurisdiction, the court
shall consider the criteria for waiver in ORS 419C.349. If the court retains
jurisdiction, the court shall sentence the person as an adult under sentencing
guidelines. If the court does not retain jurisdiction, the court shall:
(i) Order that a
presentence report be prepared;
(ii) Set forth in
a memorandum any observations and recommendations that the court deems
appropriate;
(iii) Enter an
order transferring the case to the juvenile court for disposition under ORS
419C.067 and 419C.411; and
(iv) Enter an
order providing that all court records of the case are subject to the same
limitations on inspection, copying and disclosure of records, reports and
materials as those set forth under ORS 419A.255.
(B) And is not an
offense for which waiver is authorized under ORS 419C.349 (1)(b), the court may
not sentence the person. The court shall:
(i) Order that a
presentence report be prepared;
(ii) Set forth in
a memorandum any observations and recommendations that the court deems
appropriate;
(iii) Enter an
order transferring the case to the juvenile court for disposition under ORS
419C.067 and 419C.411; and
(iv) Enter an
order providing that all court records of the case are subject to the same
limitations on inspection, copying and disclosure of records, reports and
materials as those set forth under ORS 419A.255.
(6) When a person
is charged under this section, other offenses based on the same act or
transaction shall be charged as separate counts in the same accusatory
instrument and consolidated for trial, whether or not the other offenses are
aggravated murder or offenses listed in subsection (4) of this section. If it
appears, upon motion, that the state or the person charged is prejudiced by the
joinder and consolidation of offenses, the court may order an election or
separate trials of counts or provide whatever other relief justice requires.
(7)(a) If a
person charged and tried as provided in subsection (6) of this section is found
guilty of aggravated murder or an offense listed in subsection (4) of this
section and one or more other offenses, the court shall impose the sentence for
aggravated murder or the offense listed in subsection (4) of this section as
provided in subsections (1) and (2) of this section and shall impose sentences
for the other offenses as otherwise provided by law.
(b) If a person
charged and tried as provided in subsection (6) of this section is not found
guilty of aggravated murder or an offense listed in subsection (4) of this
section, but is found guilty of one of the other charges that constitutes an
offense for which waiver is authorized under ORS 419C.349 (1)(b), the court,
upon motion of the district attorney, shall hold a hearing to determine whether
to retain jurisdiction or to transfer the case to juvenile court for
disposition. In determining whether to retain jurisdiction, the court shall
consider the criteria for waiver in ORS 419C.349. If the court retains
jurisdiction, the court shall sentence the person as an adult under sentencing
guidelines. If the court does not retain jurisdiction, the court shall:
(A) Order that a
presentence report be prepared;
(B) Set forth in
a memorandum any observations and recommendations that the court deems
appropriate;
(C) Enter an
order transferring the case to the juvenile court for disposition under ORS
419C.067 and 419C.411; and
(D) Enter an
order providing that all court records of the case are subject to the same
limitations on inspection, copying and disclosure of records, reports and
materials as those set forth under ORS 419A.255. [1995 c.422 §49; 1995 c.421 §4;
1997 c.852 §3; 1999 c.1055 §12; 2007 c.867 §6; 2011 c.334 §2; 2019 c.634 §5;
2019 c.635 §11]
Note: See second note under 137.700.
Notes of Decisions
Cited in
61
cases (
13 in the last 5 years), 1997–2025 · leading case:
State v. Conrad, 381 P.3d 880 (Or. Ct. App. 2016).
State v. Conrad, 381 P.3d 880 (Or. Ct. App. 2016).
· cites it 19× “” ORS 137.707 codifies the portion of Ballot Measure 11 (1995) that requires mandatory minimum sentences for defendants that are 15, 16, and 17 years of age convicted of certain crimes- — -including first-degree sexual abuse.”
State v. Thorp, 2 P.3d 903 (Or. Ct. App. 2000).
· cites it 20× “At sentencing, the trial court refused to impose the mandatory minimum sentence of 75 months for the crime of second degree rape required by ORS 137.707, finding that such a sentence would be unconstitutional as applied to this defendant, under Article I, section 16, of the…”
State v. Link, 441 P.3d 664 (Or. Ct. App. 2019).
· cites it 7× “105(1) provides, in part, that, "[e]xcept as otherwise provided in ORS 137.707, when a defendant is convicted of *175 aggravated murder * * * the defendant shall be sentenced, pursuant to ORS 163.”
State v. Link, 482 P.3d 28 (Or. 2021).
· cites it 4× “005(1) (2001) (noting that ORS 137.707 sets forth an exception to the juvenile court’s “exclusive original jurisdiction” over “any case involving a person who is under 18 years of age and who has committed an act which is a violation, or which if done by an adult would…”
State v. Pike, 33 P.3d 374 (Or. Ct. App. 2001).
· cites it 15× “See ORS 137.707. Subsection (l)(a) of that statute provides: “Notwithstanding any other provision of law, when a person charged with * * * an offense listed in subsection (4)(a) of this section is 15, 16 or 17 years of age at the time the offense is committed, * * * the person…”
State v. Godines, 236 P.3d 824 (Or. Ct. App. 2010).
· cites it 9× “700 provided, in part: “(1) When a person is convicted of one of the offenses listed in subsection (2)(a) of this section, * * * the court shall impose, and the person shall serve, at least the entire term of imprisonment listed in subsection (2) of this section.”
State v. Yarger, 908 N.E.2d 462 (Ohio Ct. App. 2009).
· cites it 7× “In reversing the lower court’s decision, the court of appeals stated: From a purely textual standpoint, the phrase “15, 16 or 17 years of age at the time the offense is committed” in ORS 137.707 is, as the trial court recognized, arguably susceptible to both a broad and a narrow…”
State v. Gaige, 468 P.3d 532 (Or. Ct. App. 2020).
· cites it 9× “ORS 137.707 (2015), amended by Or Laws 2019, ch 634, § 5,3 in effect when defendant committed his crimes, 3 In 2019, the legislature substantially amended ORS 137.”
State v. Rhodes, 941 P.2d 1072 (Or. Ct. App. 1997).
· cites it 6× “He contends that the trial court erred in imposing the mandatory minimum sentence of 75 months as prescribed by ORS 137.707. 1 We review the trial court’s imposition of sentence for errors of law, ORS 138.”
State v. Cid, 500 P.3d 758 (Or. Ct. App. 2021).
· cites it 3× “700 rather than ORS 137.707 and (2) failing to clarify that defendant was eligible for a “Second Look hearing” pursuant to “ORS 420A.”
State v. George, 97 P.3d 656 (Or. 2004).
· cites it 3× “(4) During the sentencing proceeding, the state asked Baker, the mother of defendant's intended rape victim, to testify about how a sentence of life imprisonment with the possibility of parole might affect her and her daughter. Defendant objected, but his objection was overruled.”
Graham v. Florida, 176 L. Ed. 2d 825 (2010).
“) Oregon Ore. Rev. Stat. §§ 137.707, 137.719(1) (2009) Pennsylvania 42 Pa.”
— Or. Rev. Stat. § 137.707(1) — 8 cases
State v. Link, 441 P.3d 664 (Or. Ct. App. 2019).
“105(1) provides, in part, that, "[e]xcept as otherwise provided in ORS 137.707, when a defendant is convicted of *175 aggravated murder * * * the defendant shall be sentenced, pursuant to ORS 163.”
State v. Pike, 33 P.3d 374 (Or. Ct. App. 2001).
“See ORS 137.707. Subsection (l)(a) of that statute provides: “Notwithstanding any other provision of law, when a person charged with * * * an offense listed in subsection (4)(a) of this section is 15, 16 or 17 years of age at the time the offense is committed, * * * the person…”
— Or. Rev. Stat. § 137.707(1)(a) — 5 cases
State v. Link, 482 P.3d 28 (Or. 2021).
“005(1) (2001) (noting that ORS 137.707 sets forth an exception to the juvenile court’s “exclusive original jurisdiction” over “any case involving a person who is under 18 years of age and who has committed an act which is a violation, or which if done by an adult would…”
State v. Link, 441 P.3d 664 (Or. Ct. App. 2019).
“105(1) provides, in part, that, "[e]xcept as otherwise provided in ORS 137.707, when a defendant is convicted of *175 aggravated murder * * * the defendant shall be sentenced, pursuant to ORS 163.”
State v. Pike, 33 P.3d 374 (Or. Ct. App. 2001).
“See ORS 137.707. Subsection (l)(a) of that statute provides: “Notwithstanding any other provision of law, when a person charged with * * * an offense listed in subsection (4)(a) of this section is 15, 16 or 17 years of age at the time the offense is committed, * * * the person…”
State v. Gaige, 468 P.3d 532 (Or. Ct. App. 2020).
“ORS 137.707 (2015), amended by Or Laws 2019, ch 634, § 5,3 in effect when defendant committed his crimes, 3 In 2019, the legislature substantially amended ORS 137.”
— Or. Rev. Stat. § 137.707(1)(b) — 2 cases
State v. Gaige, 468 P.3d 532 (Or. Ct. App. 2020).
“ORS 137.707 (2015), amended by Or Laws 2019, ch 634, § 5,3 in effect when defendant committed his crimes, 3 In 2019, the legislature substantially amended ORS 137.”
— Or. Rev. Stat. § 137.707(2) — 10 cases
State v. Conrad, 381 P.3d 880 (Or. Ct. App. 2016).
“” ORS 137.707 codifies the portion of Ballot Measure 11 (1995) that requires mandatory minimum sentences for defendants that are 15, 16, and 17 years of age convicted of certain crimes- — -including first-degree sexual abuse.”
State v. Link, 441 P.3d 664 (Or. Ct. App. 2019).
“105(1) provides, in part, that, "[e]xcept as otherwise provided in ORS 137.707, when a defendant is convicted of *175 aggravated murder * * * the defendant shall be sentenced, pursuant to ORS 163.”
State v. George, 97 P.3d 656 (Or. 2004).
“(4) During the sentencing proceeding, the state asked Baker, the mother of defendant's intended rape victim, to testify about how a sentence of life imprisonment with the possibility of parole might affect her and her daughter. Defendant objected, but his objection was overruled.”
State v. Link, 482 P.3d 28 (Or. 2021).
“005(1) (2001) (noting that ORS 137.707 sets forth an exception to the juvenile court’s “exclusive original jurisdiction” over “any case involving a person who is under 18 years of age and who has committed an act which is a violation, or which if done by an adult would…”
— Or. Rev. Stat. § 137.707(2)(b)(A) — 1 case
— Or. Rev. Stat. § 137.707(4) — 5 cases
State v. Pike, 33 P.3d 374 (Or. Ct. App. 2001).
“See ORS 137.707. Subsection (l)(a) of that statute provides: “Notwithstanding any other provision of law, when a person charged with * * * an offense listed in subsection (4)(a) of this section is 15, 16 or 17 years of age at the time the offense is committed, * * * the person…”
— Or. Rev. Stat. § 137.707(4)(a)(C) — 1 case
— Or. Rev. Stat. § 137.707(4)(a)(G) — 1 case
State v. Thorp, 2 P.3d 903 (Or. Ct. App. 2000).
“At sentencing, the trial court refused to impose the mandatory minimum sentence of 75 months for the crime of second degree rape required by ORS 137.707, finding that such a sentence would be unconstitutional as applied to this defendant, under Article I, section 16, of the…”
— Or. Rev. Stat. § 137.707(4)(a)(M) — 1 case
— Or. Rev. Stat. § 137.707(4)(a)(R) — 4 cases
State v. Thorp, 2 P.3d 903 (Or. Ct. App. 2000).
“At sentencing, the trial court refused to impose the mandatory minimum sentence of 75 months for the crime of second degree rape required by ORS 137.707, finding that such a sentence would be unconstitutional as applied to this defendant, under Article I, section 16, of the…”
— Or. Rev. Stat. § 137.707(4)(a)(i) — 1 case
— Or. Rev. Stat. § 137.707(4)(b)(B) — 1 case
State v. Thorp, 2 P.3d 903 (Or. Ct. App. 2000).
“At sentencing, the trial court refused to impose the mandatory minimum sentence of 75 months for the crime of second degree rape required by ORS 137.707, finding that such a sentence would be unconstitutional as applied to this defendant, under Article I, section 16, of the…”
— Or. Rev. Stat. § 137.707(4)(b)(C) — 1 case
State v. Thorp, 2 P.3d 903 (Or. Ct. App. 2000).
“At sentencing, the trial court refused to impose the mandatory minimum sentence of 75 months for the crime of second degree rape required by ORS 137.707, finding that such a sentence would be unconstitutional as applied to this defendant, under Article I, section 16, of the…”
— Or. Rev. Stat. § 137.707(5) — 1 case
State v. Pike, 33 P.3d 374 (Or. Ct. App. 2001).
“See ORS 137.707. Subsection (l)(a) of that statute provides: “Notwithstanding any other provision of law, when a person charged with * * * an offense listed in subsection (4)(a) of this section is 15, 16 or 17 years of age at the time the offense is committed, * * * the person…”
— Or. Rev. Stat. § 137.707(5)(b)(A) — 1 case
State v. Link, 441 P.3d 664 (Or. Ct. App. 2019).
“105(1) provides, in part, that, "[e]xcept as otherwise provided in ORS 137.707, when a defendant is convicted of *175 aggravated murder * * * the defendant shall be sentenced, pursuant to ORS 163.”
— Or. Rev. Stat. § 137.707(5)(b)(B) — 1 case
State v. Pike, 33 P.3d 374 (Or. Ct. App. 2001).
“See ORS 137.707. Subsection (l)(a) of that statute provides: “Notwithstanding any other provision of law, when a person charged with * * * an offense listed in subsection (4)(a) of this section is 15, 16 or 17 years of age at the time the offense is committed, * * * the person…”
— Or. Rev. Stat. § 137.707(l)(a) — 2 cases
Annotations are extracted automatically from the opinions in the
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