In the 1990s, Measure 11 established mandatory minimum prison sentences for an array of criminal offenses, some more severe than others. Let’s go over which sex crimes are part of Measure 11, and some of the potential penalties when sentenced.
Sex Crimes with Mandatory Minimums in Oregon
From least to most severe, these are the sex offenses with mandatory minimum prison sentences in Oregon.
- Pornographic exploitation of a child: Five years and ten months
- First-degree sexual abuse: Six years and three months
- Second-degree rape and sodomy: Six years and three months
- First-degree rape and sodomy: Eight years and four months
- Rape or sodomy when the victim is under 12 years old: 25 years
- Unlawful sexual penetration: Six years and three months, up to 25 years depending on the age of the victim
Escape Clauses
In Oregon, some Measure 11 crimes have escape clauses that allow the judge to sentence the defendant to less than the mandatory minimum requirement. For sex crimes, there are a couple of instances in which escape clauses could be used.
In cases of unlawful sexual penetration in the second degree, the escape clause applies when:
- The victim is 12 years old or older
- The defendant was less than six years older than the victim
- There was only one minor victim
- The victim’s lack of consent was solely due to their age
In cases of second-degree rape, sodomy, and first-degree sexual abuse, the escape clause is applicable when:
- The victim was at least 12 years old, but less than 14
- The defendant was less than six years older than the victim
- There was only one minor victim
- The victim’s lack of consent was only due to their age
Sex Crimes and Measure 11 Defense
If you believe that your case may be covered by an escape clause, or if you are facing charges for any sex crime, contact the team at The Law Office of Justin Rosas today. We have helped numerous individuals in your position have their charges reduced or dismissed, and we are here to help you too.