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Oregon Measure 11 Crimes

Ballot Measure 11 crimes are person crimes that, upon conviction, require a mandatory minimum prison sentence.  A judge has absolutely no discretion in sentencing.  Ballot Measure 11 was passed by the citizens of Oregon in 1995 and gives the prosecutor substantial leverage in charging and negotiating a case.

The difference between a conviction for Assault II and a conviction for Assault III is 75 months in prison.  Therefore, it is important to fully investigate and be aggressive in defending against these cases as it is not uncommon for a case to be charged as an Assault II or a Rape II, and then  eventually resolved as an Assault III or Rape III.

Listed below are the Ballot Measure 11 Crimes and their mandatory minimum prison sentences.

Crime Mandatory Minimum Sentence (months)
Arson I 90
Assault I 90
Assault II 70**
Att Agg Murder 120
Compelling Prostitution 70
Conspiracy Agg Murder 120
Attempted Murder 90
Conspiracy Murder 90
Kidnapping I 90, 300***
Kidnapping II 70**
Manslaughter I 120
Manslaughter II 75**
Murder 300
Rape I 100, 300***
Rape II 75**
Robbery I 90
Robbery II 70**
Sexual Abuse I 75**
Sexual Penetration I 100, 300***
Sexual Penetration II 75**
Sodomy I 100, 300***
Sodomy II 75**
Use Child Display Sex Act 70

**ORS 137.712 may authorize court to impose sentence of less than Measure 11 minimum

***300-month minimum applies only to adult defendants and for crimes committed on or after April 24, 2006.  See ORS 137.700 for complete information about 300-month sentences.