Oregon Revised Statutes

Or. Rev. Stat. § 137.717 (2026)

Presumptive sentences for certain property offenders

✓ current as of May 2026

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137.717 Presumptive sentences for certain property offenders. (1) When a court sentences a person convicted of:

(a) Aggravated theft in the first degree under ORS 164.057, organized retail theft under ORS 164.098, burglary in the first degree under ORS 164.225 or aggravated identity theft under ORS 165.803, the presumptive sentence is 24 months of incarceration, unless the rules of the Oregon Criminal Justice Commission prescribe a longer presumptive sentence, if the person has:

(A) A previous conviction for aggravated theft in the first degree under ORS 164.057, organized retail theft under ORS 164.098, burglary in the first degree under ORS 164.225, robbery in the third degree under ORS 164.395, robbery in the second degree under ORS 164.405, robbery in the first degree under ORS 164.415 or aggravated identity theft under ORS 165.803;

(B) Two or more previous convictions for any combination of the crimes listed in subsection (2) of this section; or

(C) A previous conviction for a crime listed in subsection (2) of this section, if the current crime of conviction was committed while the defendant was on supervision for the previous conviction or less than three years after the date the defendant completed the period of supervision for the previous conviction.

(b) Unauthorized use of a vehicle under ORS 164.135, mail theft or receipt of stolen mail under ORS 164.162, burglary in the second degree under ORS 164.215, criminal mischief in the first degree under ORS 164.365, computer crime under ORS 164.377, robbery in the third degree under ORS 164.395, forgery in the first degree under ORS 165.013, criminal possession of a forged instrument in the first degree under ORS 165.022, fraudulent use of a credit card under ORS 165.055 (4)(b), possession of a stolen vehicle under ORS 819.300 or trafficking in stolen vehicles under ORS 819.310, the presumptive sentence is 18 months of incarceration, unless the rules of the Oregon Criminal Justice Commission prescribe a longer presumptive sentence, if the person has:

(A) A previous conviction for aggravated theft in the first degree under ORS 164.057, organized retail theft under ORS 164.098, unauthorized use of a vehicle under ORS 164.135, burglary in the first degree under ORS 164.225, robbery in the third degree under ORS 164.395, robbery in the second degree under ORS 164.405, robbery in the first degree under ORS 164.415, possession of a stolen vehicle under ORS 819.300, trafficking in stolen vehicles under ORS 819.310 or aggravated identity theft under ORS 165.803;

(B) Two or more previous convictions for any combination of the crimes listed in subsection (2) of this section; or

(c) Theft in the first degree under ORS 164.055 or identity theft under ORS 165.800, the presumptive sentence is 13 months of incarceration, unless the rules of the Oregon Criminal Justice Commission prescribe a longer presumptive sentence, if the person has:

(A) A previous conviction for aggravated theft in the first degree under ORS 164.057, organized retail theft under ORS 164.098, unauthorized use of a vehicle under ORS 164.135, burglary in the first degree under ORS 164.225, robbery in the second degree under ORS 164.405, robbery in the first degree under ORS 164.415, possession of a stolen vehicle under ORS 819.300, trafficking in stolen vehicles under ORS 819.310 or aggravated identity theft under ORS 165.803; or

(B) Four or more previous convictions for any combination of crimes listed in subsection (2) of this section.

(2) The crimes to which subsection (1) of this section applies are:

(a) Theft in the second degree under ORS 164.045;

(b) Theft in the first degree under ORS 164.055;

(d) Organized retail theft under ORS 164.098;

(e) Unauthorized use of a vehicle under ORS 164.135;

(f) Mail theft or receipt of stolen mail under ORS 164.162;

(g) Burglary in the second degree under ORS 164.215;

(h) Burglary in the first degree under ORS 164.225;

(i) Criminal mischief in the second degree under ORS 164.354;

(j) Criminal mischief in the first degree under ORS 164.365;

(k) Computer crime under ORS 164.377;

(L) Forgery in the second degree under ORS 165.007;

(m) Forgery in the first degree under ORS 165.013;

(n) Criminal possession of a forged instrument in the second degree under ORS 165.017;

(o) Criminal possession of a forged instrument in the first degree under ORS 165.022;

(p) Fraudulent use of a credit card under ORS 165.055;

(q) Identity theft under ORS 165.800;

(r) Possession of a stolen vehicle under ORS 819.300;

(s) Trafficking in stolen vehicles under ORS 819.310; and

(t) Any attempt to commit a crime listed in this subsection.

(3)(a) A presumptive sentence described in subsection (1)(a) or (b) of this section shall be increased by two months for each previous conviction the person has that:

(A) Was for any of the crimes listed in subsection (1) or (2) of this section; and

(B) Was not used as a predicate for the presumptive sentence described in subsection (1)(a) or (b) of this section.

(b) Previous convictions may not increase a presumptive sentence described in subsection (1)(a) or (b) of this section by more than 12 months under this subsection.

(4) The court may impose a sentence other than the sentence provided by subsection (1) or (3) of this section if the court imposes:

(a) A longer term of incarceration that is otherwise required or authorized by law; or

(b) A departure sentence authorized by the rules of the Oregon Criminal Justice Commission based upon findings of substantial and compelling reasons. Unless the law or the rules of the Oregon Criminal Justice Commission allow for imposition of a longer sentence, the maximum departure allowed for a person sentenced under this subsection is double the presumptive sentence provided in subsection (1) or (3) of this section.

(5) Notwithstanding subsection (4)(b) of this section, the court may not sentence a person under subsection (4) of this section to a term of incarceration that exceeds the period of time described in ORS 161.605.

(6) The court shall sentence a person under this section to at least the presumptive sentence described in subsection (1)(a) or (b) or (3) of this section, unless the parties stipulate otherwise or the court finds that:

(a) The person was not on probation, parole or post-prison supervision for a crime listed in subsection (1) of this section at the time of the commission of the current crime of conviction;

(b) The person has not previously received a downward departure from a presumptive sentence for a crime listed in subsection (1) of this section;

(d) In consideration of the nature of the offense and the harm to the victim, a downward departure will:

(A) Increase public safety;

(B) Enhance the likelihood that the person will be rehabilitated; and

(7) When the court imposes a sentence of probation for a conviction for theft in the first degree or identity theft or under subsection (6) of this section, the supervisory authority as defined in ORS 144.087 may require the person to receive a high level of supervision for at least 12 months, and may extend the period of high-level supervision for all or part of the remaining probationary term.

(8)(a) For a crime committed on or after November 1, 1989, a conviction is considered to have occurred upon the pronouncement of sentence in open court. However, when sentences are imposed for two or more convictions arising out of the same conduct or criminal episode, none of the convictions is considered to have occurred prior to any of the other convictions arising out of the same conduct or criminal episode.

(b) For a crime committed prior to November 1, 1989, a conviction is considered to have occurred upon the pronouncement in open court of a sentence or upon the pronouncement in open court of the suspended imposition of a sentence.

(9) For purposes of this section, previous convictions must be proven pursuant to ORS 137.079.

(10) As used in this section:

(a) “Downward departure” means a downward dispositional departure or a downward durational departure under the rules of the Oregon Criminal Justice Commission.

(b) “Previous conviction” includes:

(A) Convictions occurring before, on or after July 1, 2003; and

(B) Convictions entered in any other state or federal court for comparable offenses. [1996 c.3 §1; 1999 c.1022 §§2,4,7; 2001 c.784 §1; 2007 c.584 §2; 2008 c.14 §7; 2009 c.660 §§8,11; 2013 c.649 §§5,7; 2017 c.673 §§5,6; 2023 c.151 §§2,3; 2025 c.557 §41]

Note: 137.717 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 137 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Notes of Decisions

Cited in 78 cases (27 in the last 5 years), 1999–2026 · leading case: State v. Orcutt, 380 P.3d 1105 (Or. Ct. App. 2016).

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State v. Orcutt, 380 P.3d 1105 (Or. Ct. App. 2016). · cites it 43× “The judgment provided that the sentence was “pursuant to ORS 137.717.” 3 About 10 months later, defendant admitted that she had violated the terms of her probation and appeared in court for disposition on that violation.”

State v. Vallin, 434 P.3d 413 (Or. 2019). · cites it 31× “At that time, ORS 137.717 provided a presumptive sentence of 18 months imprisonment for first-degree theft for defendants having two prior convictions for certain specified crimes, to be increased by two months from that baseline for every additional prior conviction of those…”

State v. Actkinson, 511 P.3d 444 (Or. Ct. App. 2022). · cites it 61× “He asserts that, because his first-degree theft was sentenced as a misdemeanor, rather than as a felony, ORS 137.717 (6)(a) does not disqualify him from receiving a downward departure sentence.”

State v. Denson, 380 P.3d 1170 (Or. Ct. App. 2016). · cites it 16× “The version of the statute applicable to this case is ORS 137.717 (2009), amended by Or Laws 2009, ch 660, § 8, which became effective in February 2010.”

State v. Hampton, 327 Or. App. 28 (Or. Ct. App. 2023). · cites it 74× “That phrase refers to the crimes subject to REPO sentencing that are listed by name in ORS 137.717 (1)(a), (b), and (c). As relevant to this appeal, it does not encompass crimes listed in ORS 137.”

State v. Watkins-McKenzie, 400 P.3d 1012 (Or. Ct. App. 2017). · cites it 39× “057, and sentenced under ORS 137.717, the repeat property offender sentencing statute, seeks review of her sentence.”

State v. Escalera, 194 P.3d 883 (Or. Ct. App. 2008). · cites it 25× “717(6) provides that under ORS 137.717, “previous convictions must be proven pursuant to ORS 137.”

State v. Webster, 380 P.3d 1165 (Or. Ct. App. 2016). · cites it 15× “The court entered a judgment reflecting a downward dispositional departure from grid block 5-B and ORS 137.717 to 24 months’ supervised probation.”

State v. Hicks, 275 P.3d 195 (Or. Ct. App. 2012). · cites it 44× “The trial court sentenced the defendant to a 13-month prison term on the burglary conviction under ORS 137.717 (1997), and it also imposed a 13-month prison term on the defendant’s criminal mischief conviction under ORS 137.”

State v. Bagley, 976 P.2d 75 (Or. Ct. App. 1999). · cites it 17× “However, based on ORS 137.717, which requires a mandatory minimum sentence of 13 months’ incarceration for UUV with one prior conviction, and defendant’s two additional prior convictions, the court imposed an 18-month sentence, with 24 months’ post-prison supervision.”

State v. Young, 52 P.3d 1102 (Or. Ct. App. 2002). · cites it 23× “The trial court merged the theft and burglary convictions and sentenced defendant to a 13-month incarceration term under ORS 137.717 (1997). The trial court also imposed a 13-month incarceration term under ORS 137.”

State v. Jenniches, 69 P.3d 771 (Or. Ct. App. 2003). · cites it 9× “As part of a plea agreement, defendant entered a plea of no contest to 10 of the counts in exchange for the dismissal of the remaining counts.”

Show all 78 citing cases →

— Or. Rev. Stat. § 137.717(1) — 13 cases

State v. Denson, 380 P.3d 1170 (Or. Ct. App. 2016). “The version of the statute applicable to this case is ORS 137.717 (2009), amended by Or Laws 2009, ch 660, § 8, which became effective in February 2010.”

State v. Webster, 380 P.3d 1165 (Or. Ct. App. 2016). “The court entered a judgment reflecting a downward dispositional departure from grid block 5-B and ORS 137.717 to 24 months’ supervised probation.”

State v. Orcutt, 380 P.3d 1105 (Or. Ct. App. 2016). “The judgment provided that the sentence was “pursuant to ORS 137.717.” 3 About 10 months later, defendant admitted that she had violated the terms of her probation and appeared in court for disposition on that violation.”

State v. Hampton, 327 Or. App. 28 (Or. Ct. App. 2023). “That phrase refers to the crimes subject to REPO sentencing that are listed by name in ORS 137.717 (1)(a), (b), and (c). As relevant to this appeal, it does not encompass crimes listed in ORS 137.”

State v. Actkinson, 511 P.3d 444 (Or. Ct. App. 2022). “He asserts that, because his first-degree theft was sentenced as a misdemeanor, rather than as a felony, ORS 137.717 (6)(a) does not disqualify him from receiving a downward departure sentence.”

— Or. Rev. Stat. § 137.717(1)(a) — 2 cases

State v. Hampton (Or. Ct. App. 2023).

— Or. Rev. Stat. § 137.717(1)(a)(A) — 2 cases

State v. Hampton (Or. Ct. App. 2023).

— Or. Rev. Stat. § 137.717(1)(a)(B) — 2 cases

State v. Hampton (Or. Ct. App. 2023).

— Or. Rev. Stat. § 137.717(1)(a)(C) — 3 cases

State v. Hampton (Or. Ct. App. 2023).

— Or. Rev. Stat. § 137.717(1)(b) — 11 cases

State v. Vallin, 434 P.3d 413 (Or. 2019). “At that time, ORS 137.717 provided a presumptive sentence of 18 months imprisonment for first-degree theft for defendants having two prior convictions for certain specified crimes, to be increased by two months from that baseline for every additional prior conviction of those…”

State v. Hicks, 275 P.3d 195 (Or. Ct. App. 2012). “The trial court sentenced the defendant to a 13-month prison term on the burglary conviction under ORS 137.717 (1997), and it also imposed a 13-month prison term on the defendant’s criminal mischief conviction under ORS 137.”

State v. Mallory, 162 P.3d 297 (Or. Ct. App. 2007).

State v. Carlton, 364 P.3d 347 (Or. Ct. App. 2015).

— Or. Rev. Stat. § 137.717(1)(b)(A) — 6 cases

State v. Mallory, 162 P.3d 297 (Or. Ct. App. 2007).

State v. Carlton, 364 P.3d 347 (Or. Ct. App. 2015).

State v. Williams, 341 Or. App. 111 (Or. Ct. App. 2025).

— Or. Rev. Stat. § 137.717(1)(b)(B) — 3 cases

State v. Baker, 447 P.3d 526 (Or. Ct. App. 2019).

State v. Hampton (Or. Ct. App. 2023).

— Or. Rev. Stat. § 137.717(1)(b)(C) — 4 cases

State v. Ulchinsky, 341 Or. App. 193 (Or. Ct. App. 2025).

State v. Hampton (Or. Ct. App. 2023).

— Or. Rev. Stat. § 137.717(1)(c) — 3 cases

State v. Jenniches, 69 P.3d 771 (Or. Ct. App. 2003). “As part of a plea agreement, defendant entered a plea of no contest to 10 of the counts in exchange for the dismissal of the remaining counts.”

State v. Aguilera, 526 P.3d 1206 (Or. Ct. App. 2023).

— Or. Rev. Stat. § 137.717(1)(c)(A) — 2 cases

State v. Hampton (Or. Ct. App. 2023).

— Or. Rev. Stat. § 137.717(1)(c)(B) — 2 cases

State v. Hampton (Or. Ct. App. 2023).

— Or. Rev. Stat. § 137.717(10)(b)(B) — 1 case

Molette v. Nooth, 421 P.3d 379 (Or. Ct. App. 2018).

— Or. Rev. Stat. § 137.717(2) — 7 cases

State v. Azar, 509 P.3d 668 (Or. Ct. App. 2022).

State v. Earls, 267 P.3d 171 (Or. Ct. App. 2011).

State v. Baker, 447 P.3d 526 (Or. Ct. App. 2019).

— Or. Rev. Stat. § 137.717(2)(s) — 1 case

State v. Baker, 447 P.3d 526 (Or. Ct. App. 2019).

— Or. Rev. Stat. § 137.717(3) — 10 cases

State v. Bagley, 976 P.2d 75 (Or. Ct. App. 1999). “However, based on ORS 137.717, which requires a mandatory minimum sentence of 13 months’ incarceration for UUV with one prior conviction, and defendant’s two additional prior convictions, the court imposed an 18-month sentence, with 24 months’ post-prison supervision.”

State v. Hikes, 323 P.3d 298 (Or. Ct. App. 2014).

— Or. Rev. Stat. § 137.717(3)(a) — 4 cases

State v. Williams, 341 Or. App. 111 (Or. Ct. App. 2025).

— Or. Rev. Stat. § 137.717(3)(a)(A) — 1 case

— Or. Rev. Stat. § 137.717(3)(b) — 7 cases

State v. Gallegos, 174 P.3d 1086 (Or. Ct. App. 2007).

State v. Clark, 134 P.3d 1074 (Or. Ct. App. 2006).

State v. Davidson, 507 P.3d 246 (Or. 2022).

— Or. Rev. Stat. § 137.717(4) — 2 cases

State v. Earls, 267 P.3d 171 (Or. Ct. App. 2011).

State v. Davidson, 507 P.3d 246 (Or. 2022).

— Or. Rev. Stat. § 137.717(4)(a) — 1 case

State v. Nesbit, 361 P.3d 649 (Or. Ct. App. 2015).

— Or. Rev. Stat. § 137.717(4)(b) — 5 cases

State v. Escalera, 194 P.3d 883 (Or. Ct. App. 2008). “717(6) provides that under ORS 137.717, “previous convictions must be proven pursuant to ORS 137.”

State v. Earls, 267 P.3d 171 (Or. Ct. App. 2011).

State v. Sumpter, 206 P.3d 1088 (Or. Ct. App. 2009).

State v. Baker, 447 P.3d 526 (Or. Ct. App. 2019).

State v. Walker, 331 Or. App. 779 (Or. Ct. App. 2024).

— Or. Rev. Stat. § 137.717(5)(a) — 1 case

State v. Mallory, 162 P.3d 297 (Or. Ct. App. 2007).

— Or. Rev. Stat. § 137.717(6) — 11 cases

State v. Escalera, 194 P.3d 883 (Or. Ct. App. 2008). “717(6) provides that under ORS 137.717, “previous convictions must be proven pursuant to ORS 137.”

State v. Watkins-McKenzie, 400 P.3d 1012 (Or. Ct. App. 2017). “057, and sentenced under ORS 137.717, the repeat property offender sentencing statute, seeks review of her sentence.”

— Or. Rev. Stat. § 137.717(6)(a) — 3 cases

State v. Hampton (Or. Ct. App. 2023).

— Or. Rev. Stat. § 137.717(6)(b) — 4 cases

State v. Watkins-McKenzie, 400 P.3d 1012 (Or. Ct. App. 2017). “057, and sentenced under ORS 137.717, the repeat property offender sentencing statute, seeks review of her sentence.”

State v. Hampton (Or. Ct. App. 2023).

State v. Duran (Or. Ct. App. 2026).

— Or. Rev. Stat. § 137.717(6)(d) — 2 cases

State v. Hampton (Or. Ct. App. 2023).

— Or. Rev. Stat. § 137.717(7)(a) — 4 cases

State v. Nesbit, 361 P.3d 649 (Or. Ct. App. 2015).

State v. Watkins-McKenzie, 400 P.3d 1012 (Or. Ct. App. 2017). “057, and sentenced under ORS 137.717, the repeat property offender sentencing statute, seeks review of her sentence.”

State v. Spynu, 372 P.3d 622 (Multnomah Cty. Cir. Ct., O.R. 2016).

State v. Pitts, 314 P.3d 324 (Or. Ct. App. 2013).

— Or. Rev. Stat. § 137.717(8) — 1 case

State v. Nesbit, 361 P.3d 649 (Or. Ct. App. 2015).

— Or. Rev. Stat. § 137.717(9) — 1 case

State v. Walker, 331 Or. App. 779 (Or. Ct. App. 2024).

— Or. Rev. Stat. § 137.717(9)(b) — 2 cases

State v. Carlton, 364 P.3d 347 (Or. Ct. App. 2015).

State v. Clifton, 466 P.3d 963 (Or. Ct. App. 2020).

— Or. Rev. Stat. § 137.717(9)(b)(B) — 1 case

State v. Baker, 447 P.3d 526 (Or. Ct. App. 2019).

— Or. Rev. Stat. § 137.717(l)(a) — 2 cases

State v. Watkins-McKenzie, 400 P.3d 1012 (Or. Ct. App. 2017). “057, and sentenced under ORS 137.717, the repeat property offender sentencing statute, seeks review of her sentence.”

— Or. Rev. Stat. § 137.717(l)(a)(A) — 2 cases

State v. Nesbit, 361 P.3d 649 (Or. Ct. App. 2015).

— Or. Rev. Stat. § 137.717(l)(a)(B) — 1 case

State v. Spynu, 372 P.3d 622 (Multnomah Cty. Cir. Ct., O.R. 2016).

— Or. Rev. Stat. § 137.717(l)(b) — 5 cases

State v. Escalera, 194 P.3d 883 (Or. Ct. App. 2008). “717(6) provides that under ORS 137.717, “previous convictions must be proven pursuant to ORS 137.”

State v. Clark, 134 P.3d 1074 (Or. Ct. App. 2006).

State v. Earls, 267 P.3d 171 (Or. Ct. App. 2011).

State v. Patterson, 344 P.3d 497 (Or. Ct. App. 2015).

— Or. Rev. Stat. § 137.717(l)(b)(A) — 1 case

State v. Escalera, 194 P.3d 883 (Or. Ct. App. 2008). “717(6) provides that under ORS 137.717, “previous convictions must be proven pursuant to ORS 137.”

— Or. Rev. Stat. § 137.717(l)(b)(B) — 1 case

State v. Spynu, 372 P.3d 622 (Multnomah Cty. Cir. Ct., O.R. 2016).

— Or. Rev. Stat. § 137.717(l)(c) — 3 cases

State v. Marshall, 183 P.3d 241 (Or. Ct. App. 2008).

State v. Keefer, 8 P.3d 1002 (Or. Ct. App. 2000).

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