Measure 11 Crime Seriousness

CRIME VICTIMS UNITED


Opponents of Measure 11 sometimes claim that people are being sentenced under Measure 11 for petty crimes. They give examples of stealing two dollars or stealing two tires. These claims are misrepresentations. Measure 11 addresses serious crimes only.

This table shows the least and most serious behavior for which a person would be subject to the mandatory minimum Measure 11 sentence. For some crimes, such as aggravated murder, the choice of the "least serious" circumstances is debatable. Click the links in the left column for a definition of the crime from the Oregon Criminal Code.

Crime

Least Serious Behavior

Most Serious Behavior

Arson I (see note 6 for exceptions)

The offender intentionally caused a fire or explosion which recklessly placed another person in danger of serious physical injury.

The offender intentionally caused a fire or explosion which recklessly caused serious physical injury to a firefighter or peace officer acting in the line of duty

Assault I

The offender intentionally caused serious physical injury to another person by means of a deadly or dangerous weapon.

The offender intentionally caused serious physical injury to another person by means of a deadly or dangerous weapon.

Assault II (see note 1 for exceptions)

The offender has a prior conviction for a serious crime and:

The offender intentionally or knowingly caused physical injury to another by means of a deadly or dangerous weapon or

The offender recklessly caused serious physical injury to another by means of a deadly or dangerous weapon under circumstances manifesting extreme indifference to the value of human life.

The offender intentionally caused serious physical injury to another person.

Attempted Aggravated Murder

The offender attempted to murder someone and there was one or more serious aggravating circumstances.

The offender attempted to murder more than one victim in the same criminal episode.

Attempted Murder

The offender intentionally attempted to murder someone.

The offender intentionally attempted to murder someone during the commission of another serious crime.

Kidnapping I

The offender intentionally interfered with another person's personal liberty by taking the person from one place to another or by secretly confining the other person and

The offender attempted to extort money or property, held the victim as a shield of hostage, or terrorized the victim or another person.

The offender intentionally interfered with another person's personal liberty by taking the person from one place to another or by secretly confining the other person and

The offender's purpose was to cause physical injury to the victim.

Kidnapping II (see note 2 for exceptions)

The offender has a prior conviction for a serious crime and:

The offender intentionally and substantially interfered with another person's personal liberty by taking the person from one place to another or by secretly confining the other person.

The offender has a prior conviction for a serious crime and:

The offender intentionally interfered with another person's personal liberty by taking the person from one place to another or by secretly confining the other person.

Manslaughter I

The offender recklessly caused the death of a child under 14 years of age or a dependent person, and

The person caused the death by neglect or maltreatment by failure to provide adequate food, clothing, shelter or medical care that is likely to endanger the health or welfare of a child.

The offender intentionally killed someone and would have been convicted of murder except that he or she was under the influence of extreme emotional disturbance.

Manslaughter II

The offender, with criminal negligence, caused the death of a child under 14 years of age or a dependent person, and

The person caused the death by neglect or maltreatment by failure to provide adequate food, clothing, shelter or medical care that is likely to endanger the health or welfare of a child.

The offender recklessly killed someone.

Murder

The offender recklessly, under circumstances manifesting extreme indifference to the value of human life, caused the death of a child under 14 years of age or a dependent person, and

The person caused the death by neglect or maltreatment by failure to provide adequate food, clothing, shelter or medical care that is likely to endanger the health or welfare of a child.

The offender intentionally killed someone.

Rape I

The offender had sexual intercourse with another person who is incapable of consent by reason of mental defect, mental incapacitation or physical helplessness.

The rape victim was subjected to forcible compulsion by the offender.

Rape II (see note 4 for exceptions)

The offender had sexual intercourse with a person under 14 years of age.

The offender had sexual intercourse with a person under 14 years of age.

Robbery I

During the course of attempting a theft, the person threatened the immediate use of physical force and

The offender caused or attempted to cause serious physical injury to any person.

During the course of attempting a theft, the person threatened the immediate use of physical force and

The offender was armed with a deadly weapon.

Robbery II (see note 3 for exceptions)

The offender has a prior conviction for a serious crime and:

During the course of attempting a theft, the person threatened the immediate use of physical force and

The offender was aided by another person present at the robbery.

During the course of attempting a theft, the person threatened the immediate use of physical force and

The offender was armed with a dangerous or deadly weapon.

Sexual Abuse I (see note 4 for exceptions)

The offender subjected another person to sexual contact and the victim was incapable of consent by reason of being mentally defective, mentally incapacitated or physically helpless.

The abuse victim was subjected to forcible compulsion by the offender.

Unlawful Sexual Penetration I

The offender penetrated the vagina, anus or penis of a victim with any object other than the penis or mouth of the offender and the victim was incapable of consent by reason of being mentally defective, mentally incapacitated or physically helpless.

The offender penetrated the vagina, anus or penis of a victim with any object other than the penis or mouth of the offender and the victim was subjected to forcible compulsion by the offender.

Unlawful Sexual Penetration II (see note 5 for exceptions)

The offender penetrated the vagina, anus or penis of a victim under 14 with any object other than the penis or mouth of the offender.

The offender penetrated the vagina, anus or penis of a victim under 14 with any object other than the penis or mouth of the offender.

Sodomy I

The offender engaged in deviate sexual intercourse with a victim who was incapable of consent by reason of being mentally defective, mentally incapacitated or physically helpless.

The sodomy victim was subjected to forcible compulsion by the offender.

Sodomy II (see note 4 for exceptions)

The offender engaged in deviate sexual intercourse with a victim under 14 years of age.

The offender engaged in deviate sexual intercourse with a victim under 14 years of age.

Using a Child in a Display of Sexually Explicit Conduct

The offender employed, authorized, permitted, compelled or induced a child to participate or engage in sexually explicit conduct for any person to observe or to record in a photograph, motion picture, video tape or other visual recording.

The offender employed, authorized, permitted, compelled or induced a child to participate or engage in sexually explicit conduct for any person to observe or to record in a photograph, motion picture, video tape or other visual recording.

Compelling Prostitution

The offender induced or caused his or her spouse, child or stepchild to engage in prostitution.

The offender used force or intimidation to compel a person to engage in prostitution.

Note 1: In the case of Assault II, the judge has discretion to exempt the offender from Measure 11 mandatory sentencing if :
The offender has no prior convictions for serious offenses and
The victim did not suffer physical injury by means of a deadly weapon and
The victim did not suffer a significant physical injury.
 
Note 2: In the case of Kidnapping II, the judge has discretion to exempt the offender from Measure 11 mandatory sentencing if :
The offender has no prior convictions for serious offenses and
The victim was at least 12 years of age.
 
Note 3: In the case of Robbery II, the judge has discretion to exempt the offender from Measure 11 mandatory sentencing if :
The offender has no prior convictions for serious offenses and
The victim did not suffer significant physical injury and
The perpetrator did not put the victim in fear of imminent significant physical injury.
 
Note 4: As of July 6, 2001, pursuant to House Bill 2379, in the case of Rape II, Sodomy II and Sex Abuse, the judge has discretion to exempt the offender from Measure 11 mandatory sentencing if :
The offender has no prior convictions for serious offenses and
The victim was between 12 and 14 years of age and
The victim's lack of consent was due solely to the victim's age and
The perpetrator was no more than five years older than the victim.
 
Note 5: As of July 6, 2001, pursuant to House Bill 2379, in the case of Unlawful Sexual Penetration II, the judge has discretion to exempt the offender from Measure 11 mandatory sentencing if :
The offender has no prior convictions for serious offenses and
The victim was 12 years of age or older and
The victim's lack of consent was due solely to the victim's age and
The perpetrator was no more than five years older than the victim and
No object other than the hand was used to commit the crime.
 
Note 6: Arson I is a Measure 11 crime only "when the offense represented a threat of serious physical injury".

Significant injury is defined as a physical injury that creates a risk of death, causes serious temporary disfigurement, causes a protracted disfigurement or causes a prolonged impairment of health or the function of any bodily organ.

See a comparison of sentencing Measure 11 and pre-Measure 11 sentencing.


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