137.765
Sexually violent dangerous offenders; definitions; mandatory lifetime
post-prison supervision.
(1) As used in this section:
(a) “History of
sexual assault” means that a person has engaged in unlawful sexual conduct
that:
(A) Was not
committed as part of the same criminal episode as the crime for which the
person is currently being sentenced; and
(B) Seriously
endangered the life or safety of another person or involved a victim under 12
years of age.
(b) “Sexually
violent dangerous offender” means a person who has psychopathic personality
features, sexually deviant arousal patterns or interests and a history of
sexual assault and presents a substantial probability of committing a crime
listed in subsection (3) of this section.
(2)
Notwithstanding ORS 161.605, when a person is convicted of a crime listed in
subsection (3) of this section, in addition to any sentence of imprisonment
required by law, a court shall impose a period of post-prison supervision that
extends for the life of the person if:
(a) The person
was 18 years of age or older at the time the person committed the crime; and
(b) The person is
a sexually violent dangerous offender.
(3) The crimes to
which subsection (2) of this section applies are:
(a) Rape in the
first degree and sodomy in the first degree if the victim was:
(A) Subjected to
forcible compulsion by the person;
(B) Under 12
years of age; or
(C) Incapable of
consent by reason of mental incapacitation, physical helplessness or
incapability of appraising the nature of the victim’s conduct;
(b) Unlawful
sexual penetration in the first degree; and
(c) An attempt to
commit a crime listed in paragraph (a) or (b) of this subsection. [1999 c.163 §1;
2005 c.463 §§11,16; 2007 c.16 §6; 2021 c.82 §8]
Note: 137.765 to 137.771 were enacted
into law by the Legislative Assembly but were 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
16
cases (
2 in the last 5 years), 1999–2024 · leading case:
Layton v. Hall, 47 P.3d 898 (Or. Ct. App. 2002).
Layton v. Hall, 47 P.3d 898 (Or. Ct. App. 2002).
· cites it 3× “610 and ORS 137.765 is instructive. ORS 137.765, like ORS 161.”
State v. Davidson, 353 P.3d 2 (Or. Ct. App. 2015).
· cites it 3× “479 provides: “(1) A person commits the crime of unlawful contact with a child if the person: *742 “(a)(A) Has been designated a sexually violent dangerous offender under ORS 137.765; [and] “***** “(b) Knowingly contacts a child with the intent to commit a crime or for the…”
State v. Hopson, 186 P.3d 317 (Or. Ct. App. 2008).
· cites it 5× “Given that conclusion, we must now address defendant’s assignment of error on appeal: Does judicial factfinding in support of a sexually violent dangerous offender sentence pursuant to ORS 137.765 likewise run afoul of Blakely and Apprendi? As explained below, we conclude that…”
State v. Kragt, 495 P.3d 1233 (Or. 2021).
· cites it 2× “Subsection (1) of that statute provides: “Except as otherwise provided in ORS 137.765 and sub- section (2) of this section, any person sentenced to a term of imprisonment for violating or attempting to violate [ORS 163.”
State v. Davilla, 380 P.3d 1003 (Or. Ct. App. 2016).
“The plain text of ORS 137.765 provides that, “ [i] n order to rely on an enhancement fact to increase the sentence,” the state “shall notify the defendant *63 of its intention to rely on the enhancement fact” (Emphases added.”
State v. Upton, 125 P.3d 713 (Or. 2005).
“737, and sexually violent dangerous offender statutes, ORS 137.765 -137.767. Those statutes previously provided that the findings needed to support enhanced sentences in those cases were to be made by the trial court during a separate post-verdict hearing.”
State v. Angell, 113 P.3d 988 (Or. Ct. App. 2005).
“103 provides, in part: “Except as otherwise provided in ORS 137.765, any person sentenced to a term of imprisonment for violating or attempting to violate ORS * * * 163.”
State v. Rickard, 201 P.3d 927 (Or. Ct. App. 2009).
“103, which currently provides, in part: “(1) Except as otherwise provided in ORS 137.765 and subsection (2) of this section, any person sentenced to a term of imprisonment for violating or attempting to violate ORS 163.”
State v. Kragt, 467 P.3d 830 (Or. Ct. App. 2020).
“103 requires the imposition of an indeterminate term of PPS, to be computed by the Board of Parole and Post-Prison Supervision once the amount of time a defendant actually spent incarcerated is known: “Except as otherwise provided in ORS 137.765 and sub- section (2) of this…”
State v. Vedder, 136 P.3d 1128 (Or. Ct. App. 2006).
“103(1) provides, in part: “Except as otherwise provided in ORS 137.765, any person sentenced to a term of imprisonment for violating or attempting to violate ORS 163.”
State v. Waechter, 986 P.2d 1281 (Or. Ct. App. 1999).
“010 (in construing a statute, a court may not insert what has been omitted or omit was has been inserted).”
State v. Hopson, 164 P.3d 342 (Or. Ct. App. 2007).
“235, appeals, assigning error to the trial court’s determination that he is a “sexually violent dangerous offender,” ORS 137.765. Defendant contends that the trial court’s determination in that regard violated the Sixth Amendment to the United States Constitution under the…”
— Or. Rev. Stat. § 137.765(1) — 1 case
State v. Waechter, 986 P.2d 1281 (Or. Ct. App. 1999).
“010 (in construing a statute, a court may not insert what has been omitted or omit was has been inserted).”
— Or. Rev. Stat. § 137.765(1)(a) — 1 case
State v. Davidson, 353 P.3d 2 (Or. Ct. App. 2015).
“479 provides: “(1) A person commits the crime of unlawful contact with a child if the person: *742 “(a)(A) Has been designated a sexually violent dangerous offender under ORS 137.765; [and] “***** “(b) Knowingly contacts a child with the intent to commit a crime or for the…”
— Or. Rev. Stat. § 137.765(1)(b) — 1 case
State v. Davidson, 353 P.3d 2 (Or. Ct. App. 2015).
“479 provides: “(1) A person commits the crime of unlawful contact with a child if the person: *742 “(a)(A) Has been designated a sexually violent dangerous offender under ORS 137.765; [and] “***** “(b) Knowingly contacts a child with the intent to commit a crime or for the…”
— Or. Rev. Stat. § 137.765(2) — 1 case
Layton v. Hall, 47 P.3d 898 (Or. Ct. App. 2002).
“610 and ORS 137.765 is instructive. ORS 137.765, like ORS 161.”
— Or. Rev. Stat. § 137.765(2)(b) — 1 case
State v. Hopson, 186 P.3d 317 (Or. Ct. App. 2008).
“Given that conclusion, we must now address defendant’s assignment of error on appeal: Does judicial factfinding in support of a sexually violent dangerous offender sentence pursuant to ORS 137.765 likewise run afoul of Blakely and Apprendi? As explained below, we conclude that…”
— Or. Rev. Stat. § 137.765(3) — 1 case
State v. Hopson, 186 P.3d 317 (Or. Ct. App. 2008).
“Given that conclusion, we must now address defendant’s assignment of error on appeal: Does judicial factfinding in support of a sexually violent dangerous offender sentence pursuant to ORS 137.765 likewise run afoul of Blakely and Apprendi? As explained below, we conclude that…”
— Or. Rev. Stat. § 137.765(l)(b) — 1 case
State v. Hopson, 186 P.3d 317 (Or. Ct. App. 2008).
“Given that conclusion, we must now address defendant’s assignment of error on appeal: Does judicial factfinding in support of a sexually violent dangerous offender sentence pursuant to ORS 137.765 likewise run afoul of Blakely and Apprendi? As explained below, we conclude that…”
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