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Oregon Revised Statutes

Or. Rev. Stat. § 161.605 (2026)

Maximum terms of imprisonment for felonies

✓ current as of May 2026
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      161.605 Maximum terms of imprisonment for felonies. The maximum term of an indeterminate sentence of imprisonment for a felony is as follows:

      (1) For a Class A felony, 20 years.

      (2) For a Class B felony, 10 years.

      (3) For a Class C felony, 5 years.

      (4) For an unclassified felony as provided in the statute defining the crime. [1971 c.743 §74]

Notes of Decisions
Cited in 266 cases (40 in the last 5 years), 1972–2026 · leading case: State v. Dilts, 82 P.3d 593 (Or. 2003).
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State v. Dilts, 82 P.3d 593 (Or. 2003). · cites it 27× “A judge may not impose a departure sentence that exceeds more than twice the maximum duration of the presumptive sentence or that exceeds the statutory maximum indeterminate sentence described in ORS 161.”
Layton v. Hall, 47 P.3d 898 (Or. Ct. App. 2002). · cites it 25× “610(4)(a) specified a “gun minimum” prison term of five years’ imprisonment, regardless of any limitations that ORS 161.605 might otherwise impose. In February 1997, the circuit court sentenced petitioner to a prison term of five years pursuant to ORS 161.”
State v. Dilts, 39 P.3d 276 (Or. Ct. App. 2002). · cites it 12× “On the merits, the state responds that defendant’s departure sentence did not violate the Due Process *244 Clause as applied in Apprendi , because the maximum possible sentencing guidelines sentence for an offense is established by ORS 161.605 2 and defendant’s sentence was…”
State v. Parkerson, 541 P.3d 874 (Or. 2023). · cites it 17× “735 when it sentenced him as a dangerous offender without reviewing new presentence investigation (PSI) and psychological eval- uation reports that had been prepared specifically for this case; and (2) the determinate part of his sentence—that is, the part that he must serve…”
Ewing v. California, 538 U.S. 11 (2003). · cites it 2× “Ore. Rev. Stat. § 161.605 (1997); Ore. Rev.”
State Ex Rel. Huddleston v. Sawyer, 932 P.2d 1145 (Or. 1997). · cites it 6× “700 is significantly less than the maximum sentence already prescribed for that offense by ORS 161.605. [6] Here, for example, the minimum prison sentence prescribed by ORS 137.”
State v. Rodriguez/Buck, 217 P.3d 659 (Or. 2009). · cites it 4× “ORS 161.605 (1971). The sexual abuse statutes were revised in 1991.”
People v. Baker, 229 Cal. Rptr. 3d 431 (Cal. Ct. App. 5th 2018). · cites it 2× “( Or. Rev. Stat. Ann. §§ 161.605 , subd. (1), 163.”
State Ex Rel. Juv. Dep't v. Johnson, 7 P.3d 529 (Or. Ct. App. 2000). · cites it 20× “ORS 161.605 3 classifies crimes into separate sentencing categories and establishes the “maximum term of an indeterminate sentence of imprisonment” for each of the felonies listed.”
Lopez v. Gonzales, 549 U.S. 47 (2006). · cites it 2× “1-32-01(4) (Lexis 1997) (same); Ore. Rev. Stat. § 161.605(2) (2003), Act Relating to Controlled Substances, §33, 2005 Ore.”
State v. Little, 842 P.2d 414 (Or. Ct. App. 1992). · cites it 14× “However, it argues that, when the two sentences are read together and applied to the grid block, the rule does not make sense, unless it is held to apply only in those cases in which the court imposes the presumptive sentence.”
State v. Cloutier, 261 P.3d 1234 (Or. 2011). · cites it 2× “ORS 161.605 (1977), for example, provided that “[t]he maximum term of an indeterminate sentence of imprisonment for a felony” was 20 years for a Class A felony, 10 years for a Class B felony, and 5 years for a Class C felony.”
Show all 266 citing cases →
— Or. Rev. Stat. § 161.605(1) — 29 cases
Trujillo v. Maass, 822 P.2d 703 (Or. 1991).
Teague v. Palmateer, 57 P.3d 176 (Or. Ct. App. 2002).
State v. Parkerson, 541 P.3d 874 (Or. 2023). “735 when it sentenced him as a dangerous offender without reviewing new presentence investigation (PSI) and psychological eval- uation reports that had been prepared specifically for this case; and (2) the determinate part of his sentence—that is, the part that he must serve…”
State v. Graves, 700 P.2d 244 (Or. 1985).
Page v. Palmateer, 84 P.3d 133 (Or. 2004).
— Or. Rev. Stat. § 161.605(2) — 34 cases
State Ex Rel. Huddleston v. Sawyer, 932 P.2d 1145 (Or. 1997). “700 is significantly less than the maximum sentence already prescribed for that offense by ORS 161.605. [6] Here, for example, the minimum prison sentence prescribed by ORS 137.”
State v. Rodriguez/Buck, 217 P.3d 659 (Or. 2009). “ORS 161.605 (1971). The sexual abuse statutes were revised in 1991.”
Lopez v. Gonzales, 549 U.S. 47 (2006). “1-32-01(4) (Lexis 1997) (same); Ore. Rev. Stat. § 161.605(2) (2003), Act Relating to Controlled Substances, §33, 2005 Ore.”
State v. Thorp, 2 P.3d 903 (Or. Ct. App. 2000).
Est. of Schwarz v. Philip Morris Inc., 135 P.3d 409 (Or. Ct. App. 2006).
— Or. Rev. Stat. § 161.605(2)(3) — 1 case
State v. Wedge, 652 P.2d 773 (Or. 1982).
— Or. Rev. Stat. § 161.605(3) — 82 cases
Layton v. Hall, 47 P.3d 898 (Or. Ct. App. 2002). “610(4)(a) specified a “gun minimum” prison term of five years’ imprisonment, regardless of any limitations that ORS 161.605 might otherwise impose. In February 1997, the circuit court sentenced petitioner to a prison term of five years pursuant to ORS 161.”
Lopez v. Gonzales, 549 U.S. 47 (2006). “1-32-01(4) (Lexis 1997) (same); Ore. Rev. Stat. § 161.605(2) (2003), Act Relating to Controlled Substances, §33, 2005 Ore.”
State v. Dilts, 82 P.3d 593 (Or. 2003). “A judge may not impose a departure sentence that exceeds more than twice the maximum duration of the presumptive sentence or that exceeds the statutory maximum indeterminate sentence described in ORS 161.”
State v. Little, 842 P.2d 414 (Or. Ct. App. 1992). “However, it argues that, when the two sentences are read together and applied to the grid block, the rule does not make sense, unless it is held to apply only in those cases in which the court imposes the presumptive sentence.”
State v. Dilts, 103 P.3d 95 (Or. 2004).
— Or. Rev. Stat. § 161.605(4) — 2 cases
State v. Holmes, 813 P.2d 28 (Or. 1991).
State v. Davilla, 860 P.2d 894 (Or. Ct. App. 1993).
— Or. Rev. Stat. § 161.605(5) — 1 case
State v. Haywood, 697 P.2d 977 (Or. Ct. App. 1985).
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