2015 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.

Notes of Decisions

Pre 1995 Amend­ments

Filing of de­lin­quen­cy peti­tion in juvenile court and seeking remand is not re­quired where juvenile is charged with listed crime. State v. Lawler, 144 Or App 456, 927 P2d 99 (1996), Sup Ct review denied

Where juvenile is convicted of listed crime, ORS 161.620 (Sentences imposed upon waiver from juvenile court) pro­hi­bi­­tion against mandatory min­i­mum sen­tence for juvenile does not apply. State v. Lawler, 144 Or App 456, 927 P2d 99 (1996), Sup Ct review denied

Minimum-sen­tence require­ment does not violate constitu­tional pro­vi­sions re­gard­ing equal protec­tion, right of allocu­tion, reformative purpose or separa­tion of powers. State ex rel Huddleston v. Sawyer, 324 Or 597, 932 P2d 1145 (1997)

In General

Minimum-sen­tence require­ment does not violate constitu­tional pro­vi­sion against dispropor­tionate sen­tences. State v. George, 146 Or App 449, 934 P2d 474 (1997)

Prohibi­tion against reducing incarcera­tion period by allowing post-prison supervision does not conflict with Oregon Criminal Justice Commission rule requiring that incarcera­tion period be followed by post-prison supervision period. State v. Lewis, 150 Or App 257, 945 P2d 661 (1997)

In cases involving consecutive sen­tences that include incarcera­tion for de­scribed of­fenses, court must first impose mandatory min­i­mum sen­tence prescribed for de­scribed of­fenses, then limit imposi­tion of consecutive sen­tences for all other of­fenses to not exceed greater of mandatory min­i­mum term of incarcera­tion under this sec­tion or sen­ten­cing guide­lines max­i­mum available term for consecutive sen­tences. State v. Langdon, 151 Or App 640, 950 P2d 410 (1997), affd 330 Or 72, 999 P2d 1127 (2000); State v. Skelton, 153 Or App 580, 957 P2d 585 (1998), Sup Ct review denied; State v. Quintero, 160 Or App 614, 982 P2d 543 (1999); State v. Sullivan, 172 Or App 688, 19 P3d 1001 (2001)

Where mandatory min­i­mum sen­tence exceeds max­i­mum guide­lines sen­tence, min­i­mum sen­tence require­ment supersedes sen­ten­cing guide­lines limit. State v. Ferman-Velasco, 157 Or App 415, 971 P2d 897 (1998), affd 333 Or 422, 41 P3d 404 (2002)

Law Review Cita­tions

82 OLR 1 (2003)

Notes of Decisions

Mandatory sen­tences for violent crimes do not violate Oregon Constitu­tion Article III, sec­tion 1 (separa­tion of powers); pre-1996 version of Article I, sec­tion 15 (no vindictive justice); or Article I, sec­tion 16 (cruel and unusual punish­ment). State ex rel Caleb v. Beesley, 326 Or 83, 949 P2d 724 (1997)

Sentencing disparity between crimes bearing mandatory min­i­mum sen­tence and other crimes in same block of sen­ten­cing guide­lines grid does not violate propor­tionality require­ment of sec­tion 16, Article I of Oregon Constitu­tion. State v. Ferman-Velasco, 333 Or 422, 41 P3d 404 (2002)

Mandatory min­i­mum sen­ten­cing scheme does not violate guarantee under United States Constitu­tion concerning cruel and unusual punish­ment, right to allocu­tion or right to counsel. State v. Ferman-Velasco, 333 Or 422, 41 P3d 404 (2002)


1 Legislative Counsel Committee, CHAPTER 137—Judgment and Execution; Parole and Probation by the Court, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors137.­html (2015) (last ac­cessed Jul. 16, 2016).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2015, Chapter 137, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano137.­html (2015) (last ac­cessed Jul. 16, 2016).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.