Oregon's Three Strikes Law: Which Crimes Apply?

Oregon does not have a three-strikes law, but it does have enhanced sentences for repeat property and drug-dealing offenders, mandatory minimums for specified crimes, and a five-year gun minimum. The state also has a felony sentencing guideline system that can increase a person's prison sentence based on their previous convictions. In 2020, a repeat sex offender was sentenced to life without parole under Oregon's three-strikes law for certain sex offences.

Rape

In Oregon, rape is considered a felony sex crime. While Oregon does not have a three-strikes law, it does have enhanced sentences for repeat offenders of certain crimes, including sex crimes.

In 2001, Oregon passed a law that imposes a presumptive sentence of life imprisonment for those convicted of three felony sex offenses. This means that a person convicted of rape for the third time will likely face a mandatory life sentence in prison, with or without the possibility of parole, depending on the circumstances of the case and the judge's decision.

In 2017, Oregon took this a step further by passing Senate Bill 1050, which allows for a "two strikes and you're out" rule for repeat rapists and certain sex offenders. This bill imposes presumptive life sentences for those convicted of first-degree rape, first-degree sodomy, or first-degree unlawful sexual penetration if they have been previously convicted of those or equivalent crimes.

The bill also grants judges the discretion to impose lighter sentences based on "substantial and compelling reasons." However, the ultimate goal of these enhanced sentencing laws is to protect the community from dangerous sexual criminals and ensure that repeat offenders receive appropriate punishment and serve sufficient time before being eligible for parole or release.

Sodomy

In the state of Oregon, sodomy is categorised as a sex crime. There are three degrees of sodomy under Oregon law:

• The victim is subjected to forcible compulsion by the actor;
• The victim is under 12 years of age;
• The victim is under 16 years of age and is the actor's sibling, child, or spouse's child; or
• The victim is incapable of consent due to mental incapacitation, physical helplessness, or incapability of appraising the nature of their conduct.

A person commits sodomy in the third degree if they engage in oral or anal sexual intercourse with another person under 16 years of age or cause that person to engage in such acts. This is a Class C felony.

Oregon's three-strikes law imposes a life sentence for repeat sex offenders. In 2020, a 38-year-old man with two previous sex crime convictions, including one with an underage victim, was sentenced to life without parole after pleading no contest to rape, sodomy, and first-degree unlawful sexual penetration.

First-degree unlawful sexual penetration

Oregon does not have a three-strikes law. However, the state does have enhanced sentences for repeat property and drug-dealing offenders, mandatory minimums for specified crimes, a 5-year gun minimum, and a felony sentencing guideline system that can increase a person's prison sentence based on their previous convictions.

In Oregon, first-degree unlawful sexual penetration is a Class A felony. A person commits the crime of unlawful sexual penetration in the first degree if they penetrate the vagina, anus, or penis of another person with any object, including any body part of the actor, other than the penis or mouth of the actor, and:

• The victim is subjected to forcible compulsion;
• The victim is under 12 years of age; or
• The victim is incapable of consent by reason of mental incapacitation, physical helplessness, or incapability of appraising the nature of their conduct.

Robbery

Oregon does not have a three-strikes law. However, the state does have enhanced sentences for repeat property and drug-dealing offenders, mandatory minimums for specified crimes, a 5-year gun minimum (which can be waived for first-time offenders), and a felony sentencing guideline system that can increase a person's prison sentence based on their previous convictions.

In the United States, habitual offender laws, commonly referred to as three-strikes laws, have been implemented to drastically increase the punishment of those who continue to commit offences after being convicted of one or two serious crimes. Twenty-eight states have some form of a three-strikes law, which requires a person who is convicted of an offence and has one or two other previous serious convictions to serve a mandatory life sentence in prison, with or without parole depending on the jurisdiction. The laws also limit the ability of these offenders to receive a punishment other than a life sentence.

In the context of robbery, the three-strikes law can apply to both aggravated robbery and simple robbery, depending on the state and the specifics of the crime. Aggravated robbery involves the use of a weapon or the infliction of serious bodily harm during the commission of the robbery, while simple robbery may involve the use of force or intimidation without a weapon.

In states with three-strikes laws, a person convicted of robbery for the third time would typically face a mandatory life sentence in prison. However, the specifics of the law and the sentencing may vary depending on the state and the circumstances of the crime.

Murder

Oregon does not have a three-strikes law. However, the state does have enhanced sentences for repeat property and drug-dealing offenders, mandatory minimums for specified crimes, and a five-year gun minimum.

In Oregon, repeat sex offenders can be sentenced to life in prison under the state's three-strikes law for certain sex offenses. For example, in 2020, a 38-year-old man with a history of sex crime convictions was sentenced to life without parole under Oregon's three-strikes law. This was his third felony sex crime conviction.

In the United States, habitual offender laws (commonly referred to as three-strikes laws) have existed since at least 1952. Twenty-eight states have some form of a three-strikes law. Most states require one or more of the three felony convictions to be for violent crimes for the mandatory sentence to be pronounced. Murder is considered a violent crime, along with kidnapping, sexual abuse, rape, aggravated robbery, and aggravated assault.

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