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)|
|Att Agg Murder||120|
|Conspiracy Agg Murder||120|
|Kidnapping I||90, 300***|
|Rape I||100, 300***|
|Sexual Abuse I||75**|
|Sexual Penetration I||100, 300***|
|Sexual Penetration II||75**|
|Sodomy I||100, 300***|
|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.