Judgment and Execution

ORS 137.719
Presumptive life sentence for certain sex offenders upon third conviction


(1)

The presumptive sentence for a sex crime that is a felony is life imprisonment without the possibility of release or parole if the defendant has been sentenced for sex crimes that are felonies at least two times prior to the current sentence.

(2)

The court may impose a sentence other than the presumptive sentence provided by subsection (1) of this section if the court imposes a departure sentence authorized by the rules of the Oregon Criminal Justice Commission based upon findings of substantial and compelling reasons.

(3)

For purposes of this section:

(a)

Sentences for two or more convictions that are imposed in the same sentencing proceeding are considered to be one sentence; and

(b)

A prior sentence includes:

(A)

Sentences imposed before, on or after July 31, 2001; and

(B)

Sentences imposed by any other state or federal court for comparable offenses.

(4)

As used in this section, “sex crime” has the meaning given that term in ORS 163A.005 (Definitions for ORS 163A.005 to 163A.235). [2001 c.884 §4]
Note: 137.719 (Presumptive life sentence for certain sex offenders upon third conviction) was enacted into law by the Legislative Assembly but was 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.

Notes of Decisions

Imposition of life sentence on recidivist sex offender does not violate requirement in section 16, Article I of Oregon Constitution, that punishment be proportional to offense. State v. Wheeler, 343 Or 652, 175 P3d 438 (2007)

Whether prior court disposition constitutes sentence depends on whether disposition was classified as sentence at time that court ordered disposition, not on whether disposition currently is classified as sentence. Gordon v. Hall, 232 Or App 174, 221 P3d 763 (2009)

Where defendant was convicted of fourth and fifth public indecency crimes but had never been convicted of any other sex crime, and under this section defendant was sentenced to two consecutive terms of life in prison without possibility of release, penalty was unconstitutionally disproportionate to crimes under Article I, section 16, Oregon Constitution, because defendant's public indecency episodes were not accompanied by violence or force or any other forcibly violent sexual conduct. State v. Davidson, 271 Or App 719, 353 P3d 2 (2015), aff'd 360 Or 370, 380 P3d 963 (2016)

Sentence imposed under this section does not come within class of sentences to which [former] ORS 138.222 applies; thus, presumptive life sentence imposed under this section is not barred from direct appellate review. State v. Althouse, 359 Or 668, 375 P3d 475 (2016)

As used in this section, "comparable offenses" refers to offenses with elements that are same as or nearly same as elements of Oregon felony sex crime, not to offenses that merely share core similarity with such offense; thus, where defendant's convictions from another state were not comparable to qualifying Oregon offense, court erred in imposing presumptive life sentence under this section. State v. Carlton, 361 Or 29, 388 P3d 1093 (2017)


Source

Last accessed
Jun. 26, 2021