Measure 11 Crimes
If you have been charged with Measure 11 crime, you are the subject of a controversial 1994 ballot initiative that set mandatory minimum sentences for serious crimes.
Measure 11 was approved by the voters of Oregon in 1994 and has been in effect since April 1, 1995. Despite broad support to reform it, Measure 11 has remained unchanged since it went into effect.
Measure 11 covers violent crimes and sex offenses. It took the majority of the responsibility of determining a just punishment away from judges and placed the power in the hands of the prosecutor making the charging decision. If you are charged with or are worried about being charged with a Measure 11 crime, it is extremely important you talk to an experienced attorney before you talk to the police. Please don’t hesitate to call for a consultation.
For your information, here is a list of Measure 11 crimes and their respective minimum sentences:
Measure 11 Minimum Sentence
|Arson I||7 years, 6 months|
|Assault I||7 years, 6 months|
|Assault II||5 years, 10 months|
|Attempted Aggravated Murder||10 years|
|Attempted Murder||7 years, 6 months|
|Kidnapping I||7 years, 6 months or 25 years|
|Kidnapping II||5 years, 10 months|
|Manslaughter I||10 years|
|Manslaughter II||6 years, 3 months|
|Murder||25 years to life|
|Rape I||8 years, 4 months or 25 years|
|Rape II||6 years, 3 months|
|Robbery I||7 years, 6 months|
|Robbery II||5 years, 10 months|
|Sexual Abuse I||6 years, 3 months|
|Unlawful Sexual Penetration I||8 years, 4 months or 25 years|
|Unlawful Sexual Penetration II||6 years, 3 months|
|Sodomy I||8 years, 4 months or 25 years|
|Sodomy II||6 years, 3 months|
|Using a Child in a Display
of Sexually Explicit Conduct
|5 years, 10 months|
|Compelling Prostitution||5 years, 10 months|
*For some Measure 11 crimes, a judge has discretion to depart from a Measure 11 mandatory sentence if certain criteria are met. In addition, a 25 year sentence can be imposed for sex crimes and Kidnapping I under the provisions of HB 3511, known as “Jessica’s Law for Oregon”, if the crime was committed against a child under the age of 12.