ORS 137.765 Sexually violent dangerous offenders; definitions; mandatory lifetime post-prison supervision

As used in this section:

“History of sexual assault” means that a person has engaged in unlawful sexual conduct that:

Was not committed as part of the same criminal episode as the crime for which the person is currently being sentenced; and

Seriously endangered the life or safety of another person or involved a victim under 12 years of age.

“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.

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:

The person was 18 years of age or older at the time the person committed the crime; and

The person is a sexually violent dangerous offender.

The crimes to which subsection (2) of this section applies are:

Rape in the first degree and sodomy in the first degree if the victim was:

Subjected to forcible compulsion by the person;

Under 12 years of age; or

Incapable of consent by reason of mental incapacitation, physical helplessness or incapability of appraising the nature of the victim’s conduct;

Unlawful sexual penetration in the first degree; and

An attempt to commit a crime listed in paragraph (a) or (b) of this subsection.