(2) The court may impose a sentence other than the presumptive sentence provided by subsection (1) of this section if the court imposes a departure sentence authorized by the rules of the Oregon Criminal Justice Commission based upon findings of substantial and compelling reasons.
(3) The crimes to which the sentence described in subsection (1) of this section applies are:
(a) Rape in the first degree under ORS 163.375;
(b) Sodomy in the first degree under ORS 163.405; and
(c) Unlawful sexual penetration in the first degree under ORS 163.411.
(4) The prior convictions that give rise to a sentence described in subsection (1) of this section are:
(a) Rape in the first degree under ORS 163.375;
(b) Sodomy in the first degree under ORS 163.405;
(c) Unlawful sexual penetration in the first degree under ORS 163.411;
(d) An equivalent federal offense; and
(e) An equivalent offense in another state. [2017 c.699 §1]
Note: 137.725 was enacted into law by the Legislative Assembly but was 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.
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