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§ 137.700 — Oregon Law | CourtGPT
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Oregon Legal Code

§ 137.700

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(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.\n(2) The offenses to which subsection (1) of this section applies and the applicable mandatory minimum sentences

impose a lower sentence than the sentence specified in subsection (2) of this section.\n(2) The offenses to which subsection (1) of this section applies and the applicable mandatory minimum sentences are:\n______________________________________________________________________________\n(a)(A) Murder in the second\ndegree, as defined in\nORS 163.115. 300 months\n(B) Murder in the first\ndegree, as defined\nin ORS 163.107 360 months\n(C) Attempt or conspiracy\nto commit aggravated\nmurder, as defined\nin ORS 163.095. 120 months\n(D) Attempt or conspiracy\nto commit murder\nin any degree. 90 months\n(E) Manslaughter in the\nfirst degree, as defined\nin ORS 163.118. 120 months\n(F) Manslaughter in the\nsecond degree, as defined\nin ORS 163.125. 75 months\n(G) Assault in the first\ndegree, as defined in\nORS 163.185. 90 months\n(H) Assault in the second\ndegree, as defined in\nORS 163.175. 70 months\n(I) Except as provided in\nparagraph (b)(G) of\nthis subsection,\nkidnapping in the first\ndegree, as defined\nin ORS 163.235. 90 months\n(J) Kidnapping in the second\ndegree, as defined in\nORS 163.225.

Except as provided in\nparagraph (b)(G) of\nthis subsection,\nkidnapping in the first\ndegree, as defined\nin ORS 163.235. 90 months\n(J) Kidnapping in the second\ndegree, as defined in\nORS 163.225. 70 months\n(K) Rape in the first degree,\nas defined in ORS 163.375\n(1)(a), (c) or (d). 100 months\n(L) Rape in the second degree,\nas defined in\nORS 163.365. 75 months\n(M) Sodomy in the first degree,\nas defined in ORS 163.405\n(1)(a), (c) or (d). 100 months\n(N) Sodomy in the second\ndegree, as defined in\nORS 163.395. 75 months\n(O) Unlawful sexual penetration\nin the first degree, as\ndefined in ORS 163.411\n(1)(a) or (c). 100 months\n(P) Unlawful sexual penetration\nin the second degree, as\ndefined in ORS 163.408. 75 months\n(Q) Sexual abuse in the first\ndegree, as defined in\nORS 163.427. 75 months\n(R) Robbery in the first degree,\nas defined in\nORS 164.415. 90 months\n(S) Robbery in the second\ndegree, as defined in\nORS 164.405. 70 months\n(b)(A) Arson in the first degree,\nas defined in ORS 164.325,\nwhen the offense represented\na threat of serious\nphysical injury. 90 months\n(B) Using a child in a display\nof sexually explicit\nconduct, as defined in\nORS 163.670.

\nas defined in ORS 164.325,\nwhen the offense represented\na threat of serious\nphysical injury. 90 months\n(B) Using a child in a display\nof sexually explicit\nconduct, as defined in\nORS 163.670. 70 months\n(C) Compelling prostitution,\nas defined in\nORS 167.017. 70 months\n(D) Rape in the first degree,\nas defined in\nORS 163.375 (1)(b). 300 months\n(E) Sodomy in the first degree,\nas defined in\nORS 163.405 (1)(b). 300 months\n(F) Unlawful sexual penetration\nin the first degree, as\ndefined in\nORS 163.411 (1)(b). 300 months\n(G) Kidnapping in the first\ndegree, as defined in\nORS 163.235, when the\noffense is committed in\nfurtherance of the commission\nor attempted commission of an\noffense listed in subparagraph\n(D), (E) or (F) of\nthis paragraph. 300 months\n(c) Aggravated vehicular\nhomicide, as defined in\nORS 163.149. 240 months\n______________________________________________________________________________ [1995 c.2 §1; 1995 c.421 §1; 1995 c.422 §47; 1997 c.852 §2; 2006 c.1 §1; 2007 c.867 §5; 2019 c.635 §10]\nNote:\nSection 3 (2), chapter 1, Oregon Laws 2006, provides:\nSec.

___________________________ [1995 c.2 §1; 1995 c.421 §1; 1995 c.422 §47; 1997 c.852 §2; 2006 c.1 §1; 2007 c.867 §5; 2019 c.635 §10]\nNote:\nSection 3 (2), chapter 1, Oregon Laws 2006, provides:\nSec. 3.\n(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(2)]\nNote:\n137.700 to 137.707 were enacted into law but were not added to or made a part of ORS chapter 137 or any series therein by law. See Preface to Oregon Revised Statutes for further explanation.