Measure 11 refers to Ballot Measure 11, an initiative passed by the Oregon Voters in 1994 that became effective in 1995. It provides that persons convicted of certain crimes receive a mandatory minimum sentence, regardless of the person's criminal record or the particular circumstances of the offense. While there are certain exceptions for some offenses (see the chart, below) these sentences begin at 5 years 10 months and go up to 25 years. If you are being investigated for a Measure 11 offense, it is extremely important that you speak with an experienced attorney before you agree to speak with someone from law enforcement. If you have already been charged with a Measure 11 offense, you need to find the best attorney you can find, an attorney with years of experience in defending persons accused of Measure 11 crimes. I have successfully defended against Measure 11 charges in counties throughout the State of Oregon, including Multnomah, Washington, Clackamas, Deschutes, Lincoln, Umatilla, Tillamook and other counties.
 
MEASURE 11 OFFENSES AND MINIMUM, MANDATORY SENTENCES

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

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.