2013 ORS § 137.700¹
Offenses requiring imposition of mandatory minimum sentences

(1) Notwithstanding ORS 161.605 (Maximum prison terms for felonies), when a person is convicted of one of the offenses listed in subsection (2)(a) of this section and the offense was committed on or after April 1, 1995, or of one of the offenses listed in subsection (2)(b) of this section and the offense was committed on or after October 4, 1997, or of the offense described in subsection (2)(c) of this section and the offense was committed on or after January 1, 2008, the court shall impose, and the person shall serve, at least the entire term of imprisonment listed in subsection (2) of this section. The person is not, during the service of the term of imprisonment, eligible for release on post-prison supervision or any form of temporary leave from custody. The person is not eligible for any reduction in, or based on, the minimum sentence for any reason whatsoever under ORS 421.121 (Reduction in term of incarceration) or any other statute. The court may impose a greater sentence if otherwise permitted by law, but may not impose a lower sentence than the sentence specified in subsection (2) of this section.

(2) The offenses to which subsection (1) of this section applies and the applicable mandatory minimum sentences are:

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(a)(A) Murder, as defined in

ORS 163.115 (Murder). 300 months

(B) Attempt or conspiracy

to commit aggravated

murder, as defined

in ORS 163.095 (Aggravated murder defined). 120 months

(C) Attempt or conspiracy

to commit murder, as

defined in ORS 163.115 (Murder). 90 months

(D) Manslaughter in the

first degree, as defined

in ORS 163.118 (Manslaughter in the first degree). 120 months

(E) Manslaughter in the

second degree, as defined

in ORS 163.125 (Manslaughter in the second degree). 75 months

(F) Assault in the first

degree, as defined in

ORS 163.185 (Assault in the first degree). 90 months

(G) Assault in the second

degree, as defined in

ORS 163.175 (Assault in the second degree). 70 months

(H) Except as provided in

paragraph (b)(G) of

this subsection,

kidnapping in the first

degree, as defined

in ORS 163.235 (Kidnapping in the first degree). 90 months

(I) Kidnapping in the second

degree, as defined in

ORS 163.225 (Kidnapping in the second degree). 70 months

(J) Rape in the first degree,

as defined in ORS 163.375 (Rape in the first degree)

(1)(a), (c) or (d). 100 months

(K) Rape in the second degree,

as defined in ORS 163.365 (Rape in the second degree). 75 months

(L) Sodomy in the first degree,

as defined in ORS 163.405 (Sodomy in the first degree)

(1)(a), (c) or (d). 100 months

(M) Sodomy in the second

degree, as defined in

ORS 163.395 (Sodomy in the second degree). 75 months

(N) Unlawful sexual penetration

in the first degree, as

defined in ORS 163.411 (Unlawful sexual penetration in the first degree)

(1)(a) or (c). 100 months

(O) Unlawful sexual penetration

in the second degree, as

defined in ORS 163.408 (Unlawful sexual penetration in the second degree). 75 months

(P) Sexual abuse in the first

degree, as defined in

ORS 163.427 (Sexual abuse in the first degree). 75 months

(Q) Robbery in the first degree,

as defined in ORS 164.415 (Robbery in the first degree). 90 months

(R) Robbery in the second

degree, as defined in

ORS 164.405 (Robbery in the second degree). 70 months

(b)(A) Arson in the first degree,

as defined in ORS 164.325 (Arson in the first degree),

when the offense represented

a threat of serious

physical injury. 90 months

(B) Using a child in a display

of sexually explicit

conduct, as defined in

ORS 163.670 (Using child in display of sexually explicit conduct). 70 months

(C) Compelling prostitution,

as defined in ORS 167.017 (Compelling prostitution). 70 months

(D) Rape in the first degree,

as defined in

ORS 163.375 (Rape in the first degree) (1)(b). 300 months

(E) Sodomy in the first degree,

as defined in

ORS 163.405 (Sodomy in the first degree) (1)(b). 300 months

(F) Unlawful sexual penetration

in the first degree, as

defined in

ORS 163.411 (Unlawful sexual penetration in the first degree) (1)(b). 300 months

(G) Kidnapping in the first

degree, as defined in

ORS 163.235 (Kidnapping in the first degree), when the

offense is committed in

furtherance of the commission

or attempted commission of an

offense listed in subparagraph

(D), (E) or (F) of

this paragraph. 300 months

(c) Aggravated vehicular

homicide, as defined in

ORS 163.149 (Aggravated vehicular homicide). 240 months

______________________________________________________________________________ [1995 c.2 §1; 1995 c.421 §1; 1995 c.422 §47; 1997 c.852 §2; 2006 c.1 §1; 2007 c.867 §5]

Note: Section 3 (2), chapter 1, Oregon Laws 2006, provides:

Sec. 3. (2) The amendments to ORS 137.700 (Offenses requiring imposition of mandatory minimum sentences) by section 1 of this 2006 Act apply only to a person who was at least 18 years of age at the time the person committed an offense described in ORS 137.700 (Offenses requiring imposition of mandatory minimum sentences) (2)(b)(D), (E), (F) or (G). [2006 c.1 §3(2)]

Note: 137.700 (Offenses requiring imposition of mandatory minimum sentences) to 137.707 (Adult prosecution of 15-, 16- or 17-year-old offenders) were enacted into law but were not added to or made a part of ORS chapter 137 or any series therein by law. See Preface to Oregon Revised Statutes for further explanation.