Measure 11 set minimum mandatory sentences for serious, mostly violent crimes. Prior to Measure 11, sentencing for these crimes was governed by a system known as Sentencing Guidelines. The Measure 94 sentencing system is the sentencing guidelines system. Measure 11 was necessary because, in the case of the most serious crimes, the sentencing guidelines sentences fell way short of fitting the crime.

The following table shows the Measure 11 crimes and their respective minimum prison terms under Measure 11 and under Measure 94 (sentencing guidelines). While the Measure 11 sentences are absolute minimums, the sentences shown for Measure 94 are "presumptive" minimums. This means that a judge can in some circumstances go even below these minimums.

NOTE: Pre-Measure 11, all offenders were eligible for 20% reduction of their sentence for "good behavior". A large majority of prisoners were awarded this reduction. The numbers in the Measure 94 column below reflect this 20% reduction.

Crime	Measure 11 Minimum	Measure 94 Minimum
Arson I (see note 6)	7 years, 6 months	3 years, 11 months
Assault I	7 years, 6 months	2 years, 5 months
Assault II (see note 1)	5 years, 10 months	2 years, 5 months
Attempted Aggravated Murder	10 years	3 years, 11 months
Attempted Murder	7 years, 6 months	2 years, 5 months
Kidnapping I	7 years, 6 months	3 years, 11 months
Kidnapping II (see note 2)	5 years, 10 months	2 years, 5 months
Manslaughter I	10 years	3 years, 11 months
Manslaughter II	6 years, 3 months	Probation (see note 7)
Murder	25 years	8 years
Rape I	8 years, 4 months	2 years, 5 months
Rape II (see note 4)	6 years, 3 months	Probation (see note 7)
Robbery I	7 years, 6 months	2 years, 5 months
Robbery II (see note 3)	5 years, 10 months	2 years, 5 months
Sexual Abuse I (see note 4)	6 years, 3 months	Probation (see note 7)
Unlawful Sexual Penetration I	8 years, 4 months	2 years, 5 months
Unlawful Sexual Penetration II (see note 5)	6 years, 3 months	Probation (see note 7)
Sodomy I	8 years, 4 months	2 years, 5 months
Sodomy II (see note 4)	6 years, 3 months	Probation (see note 7)
Using a Child in a Display of Sexually Explicit Conduct	5 years, 10 months	Probation (see note 7)
Compelling Prostitution	5 years, 10 months	Probation (see note 7)

Note 1: Under Senate Bill 1049, Assault II falls under Measure 11 only in the following circumstances:

The convicted perpetrator has one or more prior convictions or

The victim suffers serious temporary disfigurement or has permanent injury.

 

Note 2: Under Senate Bill 1049, Kidnapping II falls under Measure 11 only in the following circumstances:

The convicted perpetrator has one or more prior convictions or

The convicted perpetrator used a dangerous or deadly weapon.

 

Note 3: Under Senate Bill 1049, Robbery II falls under Measure 11 only in the following circumstances:

The convicted perpetrator has one or more prior convictions or

The convicted perpetrator used a dangerous or deadly weapon.

 

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: Under Senate Bill 1049, Arson I is a Measure 11 crime only "when the offense represented a threat of serious physical injury". 

 

Note 7: Pre-Measure 11, under OAR 213-05-006, the judge can order probation in place of a sentence of 1 year 4 months under certain circumstances.

 

Note 8: The minimum sentence for aggravated murder is 30 years. This is not part of Measure 11.

See an evaluation of the seriousness of Measure 11 crimes.

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