Jessica’s Law is the informal name given to mandatory sentencing laws similar to a 2005 Florida law passed in response to public outrage over a repeat sex offender’s light sentence. Jessica’s Laws are intended to protect potential victims and reduce a sexual offender’s ability to re-offend. The Florida law was named after Jessica Lunsford, a young Florida girl who was sexually battered and murdered in February 2005 by John Couey, a previously convicted sex offender. Public outrage over this case caused Florida officials to introduce legislation, and for other states to follow.
Oregon’s Version of Jessica’s Law
Oregon’s Jessica’s Law was signed in 2006 by then-Governor Ted Kulongoski, and codified as ORS 137.700. The statute is not limited to sexual offenses, but rather also defines Oregon’s Measure 11 crimes. Sex crimes wherein the victim is under the age of 12 are given the same 300 month (25 year) mandatory prison sentence that is given to defendant’s convicted of murder. Crimes that fall under Jessica’s Law in Oregon include:
- Rape in the First Degree when the victim is under the age of 12,
- Sodomy in the First Degree when the victim is under the age of 12,
- Unlawful Sexual Penetration when the victim is under the age of 12, and
- Kidnapping in the First Degree (when the offense is committed in furtherance of the commission or attempted commission of an offense listed above).
Exceptions to Mandatory Sentences
Under Oregon Jessica’s Law
Approximately ten years after Oregon’s Jessica Law was signed, the Oregon Court of Appeals overturned a 25-year sentence under the law. In State v. Sanderlin, the Court of Appeals held that the trial court did not take into account or properly determine the proportionality of the sentence and consider the characteristics of the defendant– including his diminished mental capacity. The Court of Appeals noted that sentencing judges are supposed to analyze the following factors:
- a comparison of the severity of the penalty and the gravity of the crime,
- a comparison of the penalties imposed for other, related crimes; and
- the criminal history of the defendant.
It should be noted that Oregon’s Jessica’s Law was not found to be unconstitutional, but rather than there might be exceptions to the application of the law for certain defendants.
Criminal Defense for Jessica’s Law Crimes
If you or someone who care about has been charged with a crime falling under Oregon’s Jessica Law, you should retain a criminal defense attorney immediately. These crimes are extremely serious and require legal representation.