ORS 163.330 — [Repealed by 1971 c.743 §432]
163.330 [Repealed by 1971 c.743 §432]
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163.330 [Repealed by 1971 c.743 §432]
Read stored text, notes and provenance · Open official chapter ↗163.335 [1971 c.743 §107; repealed by 1977 c.844 §2]
Read stored text, notes and provenance · Open official chapter ↗163.340 [Repealed by 1971 c.743 §432]
Read stored text, notes and provenance · Open official chapter ↗163.345 Age as a defense in certain cases. (1) In any prosecution under ORS 163.355, 163.365, 163.385, 163.395, 163.415, 163.425, 163.427 or 163.435 in which the victim’s lack of consent was due solely to incapacity to consent by reason of being less than a specified age, it is a defense that the actor was less than three years older than the victim at the time of the alleged offense. (2) In any prosecution under ORS 163.408, when the object used to commit the unlawful sexual penetration was the hand or any part thereof of the actor and in which the victim’s lack of consent was due solely to incapacity to consent by reason of being less than
Read stored text, notes and provenance · Open official chapter ↗163.355 Rape in the third degree. (1) A person commits the crime of rape in the third degree if the person has sexual intercourse with another person under 16 years of age. (2) Rape in the third degree is a Class C felony. [1971 c.743 §109; 1991 c.628 §1]
Read stored text, notes and provenance · Open official chapter ↗163.365 Rape in the second degree. (1) A person who has sexual intercourse with another person commits the crime of rape in the second degree if the other person is under 14 years of age. (2) Rape in the second degree is a Class B felony. [1971 c.743 §110; 1989 c.359 §1; 1991 c.628 §2]
Read stored text, notes and provenance · Open official chapter ↗163.375 Rape in the first degree. (1) A person who has sexual intercourse with another person commits the crime of rape in the first degree if: (a) The victim is subjected to forcible compulsion by the person; (b) The victim is under 12 years of age; (c) The victim is under 16 years of age and is the person’s sibling, of the whole or half blood, the person’s child or the person’s spouse’s child; or (d) The victim is incapable of consent by reason of mental incapacitation, physical helplessness or incapability of appraising the nature of the victim’s conduct. (2) Rape in the first degree is a Class A felony. [1971 c.743 §111; 1989 c.359 §
Read stored text, notes and provenance · Open official chapter ↗163.385 Sodomy in the third degree. (1) A person commits the crime of sodomy in the third degree if the person engages in oral or anal sexual intercourse with another person under 16 years of age or causes that person to engage in oral or anal sexual intercourse. (2) Sodomy in the third degree is a Class C felony. [1971 c.743 §112; 2017 c.318 §3]
Read stored text, notes and provenance · Open official chapter ↗163.395 Sodomy in the second degree. (1) A person who engages in oral or anal sexual intercourse with another person or causes another to engage in oral or anal sexual intercourse commits the crime of sodomy in the second degree if the victim is under 14 years of age. (2) Sodomy in the second degree is a Class B felony. [1971 c.743 §113; 1989 c.359 §3; 2017 c.318 §4]
Read stored text, notes and provenance · Open official chapter ↗163.405 Sodomy in the first degree. (1) A person who engages in oral or anal sexual intercourse with another person or causes another to engage in oral or anal sexual intercourse commits the crime of sodomy in the first degree if: (a) The victim is subjected to forcible compulsion by the actor; (b) The victim is under 12 years of age; (c) The victim is under 16 years of age and is the actor’s brother or sister, of the whole or half blood, the son or daughter of the actor or the son or daughter of the actor’s spouse; or (d) The victim is incapable of consent by reason of mental incapacitation, physical helplessness or incapability of appra
Read stored text, notes and provenance · Open official chapter ↗163.408 Unlawful sexual penetration in the second degree. (1) Except as permitted under ORS 163.412, a person commits the crime of unlawful sexual penetration in the second degree if the person penetrates the vagina, anus or penis of another with any object and the victim is under 14 years of age. (2) Unlawful sexual penetration in the second degree is a Class B felony. (3) As used in this section, “object” includes any body part of the actor. (4) When multiple crimes are charged based on one penetrative act, the court may not enter separate convictions for each crime, and may enter only one conviction for the conduct. [1981 c.549 §2; 1989
Read stored text, notes and provenance · Open official chapter ↗163.410 [Repealed by 1971 c.743 §432]
Read stored text, notes and provenance · Open official chapter ↗163.411 Unlawful sexual penetration in the first degree. (1) Except as permitted under ORS 163.412, a person commits the crime of unlawful sexual penetration in the first degree if the person penetrates the vagina, anus or penis of another with any object and: (a) The victim is subjected to forcible compulsion; (b) The victim is under 12 years of age; or (c) The victim is incapable of consent by reason of mental incapacitation, physical helplessness or incapability of appraising the nature of the victim’s conduct. (2) Unlawful sexual penetration in the first degree is a Class A felony. (3) As used in this section, “object” includes any b
Read stored text, notes and provenance · Open official chapter ↗163.412 Exceptions to unlawful sexual penetration prohibition. Nothing in ORS 163.408, 163.411 or 163.452 prohibits a penetration described in those sections when: (1) The penetration is part of a medically recognized treatment or diagnostic procedure and is for a legitimate medical purpose; or (2) The penetration is accomplished by a peace officer or a corrections officer acting in official capacity, or by medical personnel at the request of such an officer, in order to search for weapons, contraband or evidence of crime. [1981 c.549 §4; 2005 c.488 §5; 2023 c.200 §3a]
Read stored text, notes and provenance · Open official chapter ↗163.413 Purchasing sex with a minor. (1) A person commits the crime of purchasing sex with a minor if the person pays, or offers or agrees to pay, a fee to engage in sexual intercourse or sexual contact with a minor, a police officer posing as a minor or an agent of a police officer posing as a minor. (2)(a) If the person does not have a prior conviction under this section at the time of the offense, purchasing sex with a minor is a Class C felony and the person may use a defense described in ORS 163.325 only if the minor or, in the case of a police officer or agent of a police officer posing as a minor, the age of the purported minor as rep
Read stored text, notes and provenance · Open official chapter ↗163.415 Sexual abuse in the third degree. (1) A person commits the crime of sexual abuse in the third degree if: (a) The person subjects another person to sexual contact and: (A) The victim does not consent to the sexual contact; or (B) The victim is incapable of consent by reason of being under 18 years of age; or (b) For the purpose of arousing or gratifying the sexual desire of the person or another person, the person intentionally propels any dangerous substance at a victim without the consent of the victim. (2) Sexual abuse in the third degree is a Class A misdemeanor. (3) As used in this section, “dangerous substance” means blood,
Read stored text, notes and provenance · Open official chapter ↗163.420 [Repealed by 1971 c.743 §432]
Read stored text, notes and provenance · Open official chapter ↗163.425 Sexual abuse in the second degree. (1) A person commits the crime of sexual abuse in the second degree when: (a) The person subjects another person to sexual intercourse, oral or anal sexual intercourse or, except as provided in ORS 163.412, penetration of the vagina, anus or penis with any object other than the penis or mouth of the actor and the victim does not consent thereto; or (b)(A) The person violates ORS 163.415 (1)(a)(B); (B) The person is 21 years of age or older; and (C) At any time before the commission of the offense, the person was the victim’s coach or teacher, as those terms are defined in ORS 163.426. (2) Sexual
Read stored text, notes and provenance · Open official chapter ↗163.426 Crime category classification for sexual abuse in the second degree. (1) As used in this section: (a) “Coach” means a person who instructs or trains an individual or members of a team in a sport. (b) “Teacher” means an employee of a school or school district who has direct responsibility for the instruction of students. (2) The Oregon Criminal Justice Commission shall classify sexual abuse in the second degree as described in ORS 163.425 (1)(a) as a crime category 8 of the sentencing guidelines grid of the commission if: (a) The victim is incapable of consent by reason of being under 18 years of age; (b) The offender is 21 years
Read stored text, notes and provenance · Open official chapter ↗163.427 Sexual abuse in the first degree. (1) A person commits the crime of sexual abuse in the first degree when that person: (a) Subjects another person to sexual contact and: (A) The victim is less than 14 years of age; (B) The victim is subjected to forcible compulsion by the actor; or (C) The victim is incapable of consent by reason of being mentally incapacitated, physically helpless or incapable of appraising the nature of the victim’s conduct; or (b) Intentionally causes a person under 18 years of age to touch or contact the mouth, anus or sex organs of an animal for the purpose of arousing or gratifying the sexual desire of a pe
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