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.
 |  |  | |
|
| | |
 | |  |
