(1) Notwithstanding ORS 161.605, when a person is convicted of one of the offenses listed in subsection (2)(a) of this section and the offense was committed on or after April 1, 1995, or of one of the offenses listed in subsection (2)(b) of this section and the offense was committed on or after October 4, 1997, or of the offense described in subsection (2)(c) of this section and the offense was committed on or after January 1, 2008, the court shall impose, and the person shall serve, at least the entire term of imprisonment listed in subsection (2) of this section. The person is not, during the service of the term of imprisonment, eligible for release on post-prison supervision or any form of temporary leave from custody. The person is not eligible for any reduction in, or based on, the minimum sentence for any reason whatsoever under ORS 421.121 or any other statute. The court may impose a greater sentence if otherwise permitted by law, but may not impose a lower sentence than the sentence specified in subsection (2) of this section.
(2) The offenses to which subsection (1) of this section applies and the applicable mandatory minimum sentences are:
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(a)(A)Murder, as defined in
ORS 163.115............................... 300 months
(B)Attempt or conspiracy
to commit aggravated
murder, as defined
in ORS 163.095........................... 120 months
(C)Attempt or conspiracy
to commit murder, as
defined in ORS 163.115.............. 90 months
(D)Manslaughter in the
first degree, as defined
in ORS 163.118........................... 120 months
(E)Manslaughter in the
second degree, as defined
in ORS 163.125........................... 75 months
(F)Assault in the first
degree, as defined in
ORS 163.185............................... 90 months
(G)Assault in the second
degree, as defined in
ORS 163.175............................... 70 months
(H)Except as provided in
paragraph (b)(G) of
this subsection,
kidnapping in the first
degree, as defined
in ORS 163.235........................... 90 months
(I)Kidnapping in the second
degree, as defined in
ORS 163.225............................... 70 months
(J)Rape in the first degree,
as defined in ORS 163.375
(1)(a), (c) or (d)............................ 100 months
(K)Rape in the second degree,
as defined in ORS 163.365......... 75 months
(L)Sodomy in the first degree,
as defined in ORS 163.405
(1)(a), (c) or (d)............................ 100 months
(M)Sodomy in the second
degree, as defined in
ORS 163.395............................... 75 months
(N)Unlawful sexual penetration
in the first degree, as
defined in ORS 163.411
(1)(a) or (c)................................... 100 months
(O)Unlawful sexual penetration
in the second degree, as
defined in ORS 163.408.............. 75 months
(P)Sexual abuse in the first
degree, as defined in
ORS 163.427............................... 75 months
(Q)Robbery in the first degree,
as defined in ORS 164.415......... 90 months
(R)Robbery in the second
degree, as defined in
ORS 164.405............................... 70 months
(b)(A)Arson in the first degree,
as defined in ORS 164.325,
when the offense represented
a threat of serious
physical injury.............................. 90 months
(B)Using a child in a display
of sexually explicit
conduct, as defined in
ORS 163.670............................... 70 months
(C)Compelling prostitution,
as defined in ORS 167.017......... 70 months
(D)Rape in the first degree,
as defined in
ORS 163.375 (1)(b)..................... 300 months
(E)Sodomy in the first degree,
as defined in
ORS 163.405 (1)(b)..................... 300 months
(F)Unlawful sexual penetration
in the first degree, as
defined in
ORS 163.411 (1)(b)..................... 300 months
(G)Kidnapping in the first
degree, as defined in
ORS 163.235, when the
offense is committed in
furtherance of the commission
or attempted commission of an
offense listed in subparagraph
(D), (E) or (F) of
this paragraph............................... 300 months
(c)Aggravated vehicular
homicide, as defined in
ORS 163.149............................... 240 months
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[1995 c.2 §1; 1995 c.421 §1; 1995 c.422 §47; 1997 c.852 §2; 2006 c.1 §1; 2007 c.867 §5]
Note: Section 3, chapter 1, Oregon Laws 2006, provides:
Sec. 3. (1) The amendments to ORS 137.700 and 144.103 by sections 1 and 2 of this 2006 Act apply to a person convicted of a crime that was committed on or after the effective date of this 2006 Act [April 24, 2006].
(2) The amendments to ORS 137.700 by section 1 of this 2006 Act apply only to a person who was at least 18 years of age at the time the person committed an offense described in ORS 137.700 (2)(b)(D), (E), (F) or (G). [2006 c.1 §3]
Note: 137.700 to 137.707 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 137 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
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