Defense for Ballot Measure 11 sex abuse charges.
Sex abuse charges, rape, sodomy, and internet sex crimes are Ballot Measure 11 offenses in Oregon. They carry mandatory minimum prison sentences of 70 to 100 months and no early release. The decisions in the first weeks shape the outcome.
Ballot Measure 11, codified at ORS 137.700, lists 21 serious felonies, including most sex offenses, that carry mandatory minimum prison sentences served day-for-day with no early release. Sex abuse offenses under Measure 11 typically carry minimums of 70 to 100 months. Defendants who committed an offense while under 18 may qualify for a second-look hearing under ORS 137.707 (Senate Bill 1008).
Why early counsel matters
Measure 11 sentences under ORS 137.700 are 'real time'. No early release, no good-time credit, no judicial discretion below the floor. That means the negotiation window before charging or shortly after is one of the few places the case can move.
The District Attorney chooses what to charge, and that choice is where most leverage lives. Skilled defense work at the front end can mean the difference between a non-mandatory plea and a multi-year minimum.
For clients who committed the alleged offense while under 18, ORS 137.707, enacted as Senate Bill 1008, provides a second-look hearing and other protections that can substantially change the sentencing exposure.
Sex Abuse questions
What is Ballot Measure 11 and how does it apply to sex abuse charges?
Ballot Measure 11, codified at ORS 137.700, sets mandatory minimum prison sentences for a list of 21 serious felonies. Most sex offenses, including rape, sodomy, sexual abuse in the first degree, and unlawful sexual penetration, are on that list and carry minimums of 70 to 100 months served day-for-day.
Can a Measure 11 sentence be reduced for good behavior?
No. Measure 11 sentences under ORS 137.700 are served as 'real time'. No good-time credit, no work release, no early parole eligibility below the mandatory minimum. Judicial discretion below the floor does not exist. That makes pre-charging and early-case decisions especially consequential.
Is there any way around the mandatory minimum?
The most common path is negotiation with the District Attorney before formal charging or early in the case to amend the charge to a non-Measure 11 offense. Whether that is possible depends on the evidence, the alleged victim's position, and the facts. Defendants under 18 at the time of the offense also have additional options under ORS 137.707.
What is the SB 1008 / ORS 137.707 second-look hearing?
Senate Bill 1008, codified at ORS 137.707, made significant changes to how juveniles are sentenced in Oregon. Among other reforms, it provides for a 'second-look' hearing partway through a long sentence for defendants who committed the offense while under 18, allowing the court to consider release based on the defendant's rehabilitation.
Should I talk to detectives if they ask me to come in?
No. Invoke your right to remain silent and your right to an attorney, and decline to be interviewed until we are with you. Police interviews in sex-offense cases are typically conducted to gather statements that can be used as evidence. There is rarely a good reason to give one without counsel.
Will I have to register as a sex offender if convicted?
Yes. A conviction for most sex offenses in Oregon triggers sex-offender registration requirements under ORS 163A. The duration and level of registration depend on the specific offense and risk classification. Relief from registration is possible in some cases years later. We walk through the long-term picture as part of the defense.
Reviewed by Abraham HansonLast updated 2026-06-15