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.

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.

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 at least 12 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 at least 12 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 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".

Note 7: Passed by the Oregon Legislature on April 20, 2006, HB 3511 (known as "Jessica's Law for Oregon), provides for a 25 year sentence for sex crimes against a child under 12 and for Kidnapping I in the furtherance of sex crimes against a child under 12.

Note 8: Passed in 1999, HB 2494 provides an exemption for Manslaughter II when the victim is a sick or injured child treated solely by spiritual means.

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

See an evaluation of the seriousness of Measure 11 crimes.

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