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Oregon Revised Statutes

Or. Rev. Stat. § 137.719 (2026)

Presumptive life sentence for certain sex offenders upon third conviction

✓ current as of May 2026
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      137.719 Presumptive life sentence for certain sex offenders upon third conviction. (1) The presumptive sentence for a sex crime that is a felony is life imprisonment without the possibility of release or parole if the defendant has been sentenced for sex crimes that are felonies at least two times prior to the current sentence.

      (2) The court may impose a sentence other than the presumptive sentence provided by subsection (1) of this section if the court imposes a departure sentence authorized by the rules of the Oregon Criminal Justice Commission based upon findings of substantial and compelling reasons.

      (3) For purposes of this section:

      (a) Sentences for two or more convictions that are imposed in the same sentencing proceeding are considered to be one sentence; and

      (b) A prior sentence includes:

      (A) Sentences imposed before, on or after July 31, 2001; and

      (B) Sentences imposed by any other state or federal court for comparable offenses.

      (4) As used in this section, “sex crime” has the meaning given that term in ORS 163A.005. [2001 c.884 §4]

 

      Note: 137.719 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.

 

      137.721 [2005 c.708 §8; 2009 c.191 §1; 2009 c.660 §§15,16; renumbered 475.935 in 2009]

Notes of Decisions
Cited in 67 cases (29 in the last 5 years), 2006–2026 · leading case: State v. Althouse, 375 P.3d 475 (Or. 2016).
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State v. Althouse, 375 P.3d 475 (Or. 2016). · cites it 43× “ORS 137.719 imposes a presumptive sentence of *673 life imprisonment without parole for a third conviction of certain felony sex crimes.”
State v. Carlton, 388 P.3d 1093 (Or. 2017). · cites it 33× “The issue in this criminal case is whether defendant’s previous convictions under a California criminal statute were for “comparable offenses” to a qualifying Oregon offense under ORS 137.719 (SXbXB), 1 for purposes of the imposition of life sentences on his current convictions…”
State v. Davidson, 380 P.3d 963 (Or. 2016). · cites it 23× “222(2)(a) does not preclude review of sentence of life imprisonment without possibility of parole imposed pursuant to ORS 137.719). In addition to its reviewability *373 holding, Althouse set out a framework for the consideration of as-applied constitutional challenges to…”
State v. Carey-Martin, 430 P.3d 98 (Or. Ct. App. 2018). · cites it 22× “690 ; our resolution of this as-applied challenge to defendant's 25-year prison sentences imposed under that *102 statute is informed by our understanding of the court's case law addressing whether prison sentences imposed under two other sentencing provisions- ORS 137.719 and…”
Gordon v. Hall, 221 P.3d 763 (Or. Ct. App. 2009). · cites it 37× “At sentencing, the state requested the imposition of a life sentence under ORS 137.719. At the time of sentencing, ORS 137.”
State v. Sokell, 380 P.3d 975 (Or. 2016). · cites it 13× “ANALYSIS ORS 137.719 provides: “(1) The presumptive sentence for a sex crime that is a felony is life imprisonment without the possibility of release or parole if the defendant has been sentenced for sex crimes that are felonies at least two times prior to the current sentence.”
State v. Smith, 372 P.3d 549 (Or. Ct. App. 2016). · cites it 24× “719 provides, in pertinent part: “(1) The presumptive sentence for a sex crime that is a felony is life imprisonment without the possibility of release or parole if the defendant has been sentenced for sex crimes that are felonies at least two times prior to the current sentence.”
State v. Wheeler, 175 P.3d 438 (Or. 2007). · cites it 10× “Based on the convictions in this case and defendant’s prior convictions, and acting pursuant to a recidivism statute for felony sex offenders, ORS 137.719(1), 1 the trial court imposed a sentence of life imprisonment without possibility of parole on each of the 18 charges, with…”
State v. Rodriguez/Buck, 217 P.3d 659 (Or. 2009). · cites it 6× “[16] If a person convicted of a felony sex offense, such as first-degree sexual abuse, already has two previous felony sex abuse convictions, ORS 137.719(1) provides a presumptive sentence of life in prison.”
State v. Davidson, 353 P.3d 2 (Or. Ct. App. 2015). · cites it 25× “) OAR 213-003-0001(16) is indeed a rule of the Oregon Criminal Justice Commission, but it does not “prescribe” the presumptive true life sentence at play here.”
State v. Guzman/Heckler, 455 P.3d 485 (Or. 2019). · cites it 5× “Guzman/Heckler In Carlton, we construed ORS 137.719, a statute providing for presumptive life sentences for defendants who had previously been sentenced two or more times for felony sex offenses, including “[s]entences imposed by any other state or federal court for comparable…”
State v. Sokell, 362 P.3d 251 (Or. Ct. App. 2015). · cites it 13× “*656 The trial court did not err when it counted defendant’s conviction for attempted first-degree sexual abuse as a prior sex crime for the purposes of ORS 137.719. Under the statute, ‘“sex crime’ has the meaning given that term in ORS 181.”
Show all 67 citing cases →
— Or. Rev. Stat. § 137.719(1) — 45 cases
State v. Althouse, 375 P.3d 475 (Or. 2016). “ORS 137.719 imposes a presumptive sentence of *673 life imprisonment without parole for a third conviction of certain felony sex crimes.”
State v. Davidson, 380 P.3d 963 (Or. 2016). “222(2)(a) does not preclude review of sentence of life imprisonment without possibility of parole imposed pursuant to ORS 137.719). In addition to its reviewability *373 holding, Althouse set out a framework for the consideration of as-applied constitutional challenges to…”
State v. Carey-Martin, 430 P.3d 98 (Or. Ct. App. 2018). “690 ; our resolution of this as-applied challenge to defendant's 25-year prison sentences imposed under that *102 statute is informed by our understanding of the court's case law addressing whether prison sentences imposed under two other sentencing provisions- ORS 137.719 and…”
State v. Wheeler, 175 P.3d 438 (Or. 2007). “Based on the convictions in this case and defendant’s prior convictions, and acting pursuant to a recidivism statute for felony sex offenders, ORS 137.719(1), 1 the trial court imposed a sentence of life imprisonment without possibility of parole on each of the 18 charges, with…”
State v. Smith, 372 P.3d 549 (Or. Ct. App. 2016). “719 provides, in pertinent part: “(1) The presumptive sentence for a sex crime that is a felony is life imprisonment without the possibility of release or parole if the defendant has been sentenced for sex crimes that are felonies at least two times prior to the current sentence.”
— Or. Rev. Stat. § 137.719(2) — 15 cases
State v. Althouse, 375 P.3d 475 (Or. 2016). “ORS 137.719 imposes a presumptive sentence of *673 life imprisonment without parole for a third conviction of certain felony sex crimes.”
State v. Rodriguez/Buck, 217 P.3d 659 (Or. 2009). “[16] If a person convicted of a felony sex offense, such as first-degree sexual abuse, already has two previous felony sex abuse convictions, ORS 137.719(1) provides a presumptive sentence of life in prison.”
State v. Davidson, 507 P.3d 246 (Or. 2022).
State v. Davidson, 478 P.3d 570 (Or. Ct. App. 2020).
State v. Benson, 483 P.3d 689 (Or. Ct. App. 2021).
— Or. Rev. Stat. § 137.719(3) — 4 cases
State v. Carlton, 388 P.3d 1093 (Or. 2017). “The issue in this criminal case is whether defendant’s previous convictions under a California criminal statute were for “comparable offenses” to a qualifying Oregon offense under ORS 137.719 (SXbXB), 1 for purposes of the imposition of life sentences on his current convictions…”
State v. Molette, 296 P.3d 594 (Or. Ct. App. 2013).
State v. Baker, 447 P.3d 526 (Or. Ct. App. 2019).
State v. Carlton (Or. 2017).
— Or. Rev. Stat. § 137.719(3)(B)(b) — 1 case
Molette v. Nooth, 421 P.3d 379 (Or. Ct. App. 2018).
— Or. Rev. Stat. § 137.719(3)(a) — 3 cases
State v. Rhoades, 149 P.3d 1259 (Or. Ct. App. 2006).
Gordon v. Hall, 221 P.3d 763 (Or. Ct. App. 2009). “At sentencing, the state requested the imposition of a life sentence under ORS 137.719. At the time of sentencing, ORS 137.”
State v. Watkins-McKenzie, 400 P.3d 1012 (Or. Ct. App. 2017).
— Or. Rev. Stat. § 137.719(3)(b)(B) — 11 cases
State v. Carlton, 388 P.3d 1093 (Or. 2017). “The issue in this criminal case is whether defendant’s previous convictions under a California criminal statute were for “comparable offenses” to a qualifying Oregon offense under ORS 137.719 (SXbXB), 1 for purposes of the imposition of life sentences on his current convictions…”
State v. Guzman/Heckler, 455 P.3d 485 (Or. 2019). “Guzman/Heckler In Carlton, we construed ORS 137.719, a statute providing for presumptive life sentences for defendants who had previously been sentenced two or more times for felony sex offenses, including “[s]entences imposed by any other state or federal court for comparable…”
State v. Ramirez, 493 P.3d 522 (Or. Ct. App. 2021).
State v. Kirkpatrick, 460 P.3d 114 (Or. Ct. App. 2020).
Gordon v. Hall, 221 P.3d 763 (Or. Ct. App. 2009). “At sentencing, the state requested the imposition of a life sentence under ORS 137.719. At the time of sentencing, ORS 137.”
— Or. Rev. Stat. § 137.719(4) — 4 cases
State v. Carlton, 388 P.3d 1093 (Or. 2017). “The issue in this criminal case is whether defendant’s previous convictions under a California criminal statute were for “comparable offenses” to a qualifying Oregon offense under ORS 137.719 (SXbXB), 1 for purposes of the imposition of life sentences on his current convictions…”
State v. Carey-Martin, 430 P.3d 98 (Or. Ct. App. 2018). “690 ; our resolution of this as-applied challenge to defendant's 25-year prison sentences imposed under that *102 statute is informed by our understanding of the court's case law addressing whether prison sentences imposed under two other sentencing provisions- ORS 137.719 and…”
State v. Sokell, 362 P.3d 251 (Or. Ct. App. 2015). “*656 The trial court did not err when it counted defendant’s conviction for attempted first-degree sexual abuse as a prior sex crime for the purposes of ORS 137.719. Under the statute, ‘“sex crime’ has the meaning given that term in ORS 181.”
State v. Carlton (Or. 2017).
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