Measure 11 Crimes & History
Measure 11—Oregon’s “one strike and you’re out” law—was passed by Oregon voters in 1994 and today provides for mandatory minimum sentences for 21 crimes. Measure 11 supplements the “sentencing guidelines” which provide for a sentence which takes into consideration a person’s criminal history and other aggravating or mitigating factors. Under the “sentencing guidelines,” a person with a significant criminal record generally receives a greater sentence than under Measure 11. Measure 11 has the greatest impact on the sentences of people who are the least likely to re-offend. Measure 11 applies to everyone, age 15 and older—including people who have lived an exemplary life, or who have a mental handicap, or who have been repeatedly victimized themselves.
Because of Measure 11, Oregon now spends a bigger percentage of its state budget to lock up criminals and supervise their parole than any other state. Before Measure 11 was enacted, Oregon’s prisons could hold about 9,000 people. Today, Oregon’s prison capacity is close to 13,000. And by 2012, Oregon is slated to need up to 18,200 beds.
Measure 11 sets a “floor” to the sentence of a particular crime. The potential sentence for a particular offense may exceed the mandatory minimum sentence for a variety of reasons. Because a prosecutor can charge many Measure 11 crimes in a single case, the potential sentence a person may receive if convicted can be staggeringly high.
The links below provide context to some of the tragic implications of this sentencing law.
- Oregon Mandatory Min Sentencing Law Measure 11
- WWeek Editorial: Two Crimes, Two Punishments
- WWeek Crime and Justice: Promise Keeper
Measure 11 Crimes
| Offense | ORS Code Section | Minimum Term (months) |
|---|---|---|
| Murder | 163.115 | 300 |
| Attempt or conspiracy to commit aggravated murder | 163.095 | 120 |
| Attempt or conspiracy to commit murder | 163.115 | 90 |
| Manslaughter in the first degree | 163.118 | 120 |
| Manslaughter in the second degree | 163.125 | 75 |
| Assault in the first degree | 163.185 | 90 |
| Assault in the second degree | 163.175 | 70 |
| Kidnapping in the first degree | 163.235 | 90 |
| Kidnapping in the second degree | 163.225 | 70 |
| Rape in the first degree | 163.375 | 100 |
| Rape in the second degree | 163.365 | 75 |
| Sodomy in the first degree | 163.405 | 100 |
| Sodomy in the second degree | 163.395 | 75 |
| Unlawful sexual penetration in the first degree | 163.411 | 100 |
| Unlawful sexual penetration in the second degree | 163.408 | 75 |
| Sexual abuse in the first degree | 163.427 | 75 |
| Robbery in the first degree | 164.415 | 90 |
| Robbery in the second degree | 164.405 | 70 |
| Arson in the first degree | 164.325 | 90 |
| Using child in display of sexually explicit conduct | 163.670 | 70 |
| Compelling Prostitution | 167.017 | 70 |
Source: http://www.leg.state.or.us/ors/