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Measure 11

Measure 11 was a citizen’s initiative that became effective in Oregon in April 1995. It established mandatory minimum sentences for many violent crimes. With limited exceptions, the sentencing judge cannot give a lesser sentence than that prescribed by the statute defining the crime. There is no sentence reduction for good time, work time or good behavior on a Measure 11 sentence.

Anyone 15 years of age or older can be subjected to a Measure 11 sentence, and the law has resulted in many children being tried in adult court.

Below is the list of Measure 11 offenses along with the mandatory minimum prison sentence a judge must impose (absent the presence of an exception) if the person is convicted:

• Murder:  300 months
• Attempt or conspiracy to commit aggravated murder:  120 months
• Attempt or conspiracy to commit murder:  90 months
• Manslaughter in the first degree:  120 months
• Manslaughter in the second degree:  75 months
• Assault in the first degree:  90 months
• Assault in the second degree:  70 months
• Kidnapping in the first degree (standard):  90 months
• Kidnapping in the first degree (committed in furtherance of the commission or attempted commission of a serious sex crime):  300 months
• Kidnapping in the second degree:  70 months
• Rape in the first degree (unless victim under 12 years of age):  100 months
• Rape in the first degree (victim under 12 years of age and defendant 18 or over):  300 months
• Rape in the second degree:  75 months
• Sodomy in the first degree (unless victim under 12 years of age):  100 months
• Sodomy in the first degree (victim under 12 years of age and defendant 18 or over):  300 months
• Sodomy in the second degree:  75 months
• Unlawful sexual penetration in the first degree (unless victim under 12 years of age):  100 months
• Unlawful sexual penetration in the first degree (victim under 12 years of age and defendant 18 or over):  300 months
• Unlawful sexual penetration in the second degree:  75 months
• Sexual abuse in the first degree:  75 months
• Robbery in the first degree:  90 months
• Robbery in the second degree:  70 months
• Arson in the first degree (when the offense represented a threat of serious physical injury):  90 months
• Using a child in a display of sexually explicit conduct:  70 months
• Compelling prostitution:  70 months
• Aggravated vehicular homicide:  240 months

Oregon’s prison population has exploded since the passage of Measure 11.

Because of the draconian nature of Measure 11, experienced, thorough representation by professional criminal defense lawyers is a must.

Boise Matthews attorneys have been at the forefront in litigating these types of cases. No stone is left unturned when your life is hanging in the balance. This includes DNA testing, fingerprint analysis, polygraph testing, hair and fiber analysis, and computer and forensic analysis.

Not only will Boise Matthews attack the evidence in the case but will also examine the way the charging document has been pled and whether evidence has been constitutionally seized.

Boise Matthews attorneys know that in serious litigation the best results are achieved through hard work and a vigorous defense.