ORS 137.765: Sexually violent dangerous offenders; definitions; mandatory lifetime post-prison supervision.
Edition: 2025 EditionEffective: 2026-01-01Last verified: 2026-09-07
(1) As used in this section: (a) “History of sexual assault” means that a person has engaged in unlawful sexual conduct that: (A) Was not committed as part of the same criminal episode as the crime for which the person is currently being sentenced; and (B) Seriously endangered the life or safety of another person or involved a victim under 12 years of age. (b) “Sexually violent dangerous offender” means a person who has psychopathic personality features, sexually deviant arousal patterns or interests and a history of sexual assault and presents a substantial probability of committing a crime listed in subsection (3) of this section. (2) Notwithstanding ORS 161.605, when a person is convicted of a crime listed in subsection (3) of this section, in addition to any sentence of imprisonment required by law, a court shall impose a period of post-prison supervision that extends for the life of the person if: (a) The person was 18 years of age or older at the time the person committed the crime; and (b) The person is a sexually violent dangerous offender. (3) The crimes to which subsection (2) of this section applies are: (a) Rape in the first degree and sodomy in the first degree if the victim was: (A) Subjected to forcible compulsion by the person; (B) Under 12 years of age; or (C) Incapable of consent by reason of mental incapacitation, physical helplessness or incapability of appraising the nature of the victim’s conduct; (b) Unlawful sexual penetration in the first degree; and (c) An attempt to commit a crime listed in paragraph (a) or (b) of this subsection. [1999 c.163 §1; 2005 c.463 §§11,16; 2007 c.16 §6; 2021 c.82 §8]
Official history and status
History: Note: 137.765 to 137.771 were enacted into law by the Legislative Assembly but were 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.
Administrative rules citing this section
This rule cites
- ORS 161.605 — resolved
Cited by
- ORS 137.767: Presentence investigation and examination.
- ORS 137.771: Resentencing hearing; petition; findings; modification of sentence.
- ORS 144.083: Early discharge from supervision; rules.
- ORS 144.103: Term of active post-prison supervision for person convicted of certain offenses.
- ORS 144.107: Sanctions for violations of conditions of post-prison supervision; rules.
- ORS 144.109: Violation of post-prison supervision by sexually violent dangerous offender; maximum period of sanction.
- ORS 144.641: Definitions.
- ORS 163.476: Unlawfully being in a location where children regularly congregate.
- ORS 163.479: Unlawful contact with a child.
- OAR 213-005-0004: Post-Prison Supervision for Murder, Aggravated Murder or as a Sexually Violent Dangerous Offender
- OAR 213-011-0003: Level of Post-Prison Supervision
- OAR 255-060-0009: Residence Requirements for Certain Sex Offenders Upon Release from Custody
- OAR 255-075-0079: Guidelines for Re-release
- OAR 255-085-0030: Assessments and Reassessments
- OAR 255-087-0020: Determination of Eligibility for Relief from Sex Offender Reporting
- OAR 255-087-0050: Determination of Eligibility for Reclassification of Sex Offender Notification Level
- OAR 291-063-0110: Definitions for OAR 291-063-0100 to 291-063-0160
- OAR 291-202-0040: Residence Requirements for Certain Sex Offenders Upon Release
- OAR 859-400-0010: Sex Offender Risk Assessment Methodology
Official source: https://www.oregonlegislature.gov/bills_laws/ors/ors137.html