Oregon ballot initiative Measure 73, which passed in November, goes into effect on Dec 2. It will result in significantly increased penalties for 3rd offense DUII (drunk driving) charges as well as repeat sex offenders.Third offense DUII charges will result in a mandatory minimum sentence of 90 days in jail if convicted, and will be classified as a Class C Felony charge if both prior convictions happened within the previous 10 years. Before this law, the minimum penalty was 2-15 days in jail as for a second offense.
The second part of Measure 73 concerns mandatory minimums for felony sex offenses. If you have a previous felony sex offense, you will face a minimum of 25 years in prison. Felony sex offenses include rape, and child pornography.
Prior to this initiative, the minimum for a second sex offense was 70 months, or under 6 years.
There is some controversy as to whether this statute could cover acts known as “sexting”, specifically among teens. The laws against child pornography, in statute terms described as “using child in sexually explicit display”, could very possibly include teens sending consensual pictures of themselves. The Oregon Daily Emerald cited this reason as one to oppose the measure, although the measures backers dismiss this claim.
How this law is actually interpreted by judges will be clarified as soon as these sentences are issued.