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ORS 163.408 — Unlawful sexual penetration in the second degree

Oregon criminal law — ORS Title 16 (2025 snapshot) · legal_authorities

ORS 163.408 — Unlawful sexual penetration in the second degree

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 c.359 §5; 1991 c.386 §1; 2023 c.407 §3]

Source: Oregon Legislature — ORS 2025 Edition, Chapter 163 · ORS 163.408

Stored review status: 2025_edition_later_amendments_unresolved. A text match is a research starting point; applicability is not established.

Official chapter context and edition notices
Chapter 163 — Offenses Against Persons 2025 EDITION OFFENSES AGAINST PERSONS CRIMES AND PUNISHMENTS HOMICIDE ASSAULT AND RELATED OFFENSES KIDNAPPING AND RELATED OFFENSES COERCION SEXUAL OFFENSES OFFENSES AGAINST FAMILY VISUAL RECORDING OF SEXUAL CONDUCT OF CHILDREN INVASION OF PRIVACY MISCELLANEOUS STALKING SEXUAL ABUSE RESTRAINING ORDERS HOMICIDE
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Stable record: oregon_criminal_law:legal_authorities:163.408
Source file: ors163.html
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Source location: ORS 163.408 (all printed versions and notes)

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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 c.359 §5; 1991 c.386 §1; 2023 c.407 §3]

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Oregon criminal law — ORS Title 16 (2025 snapshot) · legal_authorities

ORS 163.412 — Exceptions to unlawful sexual penetration prohibition

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]

Source: Oregon Legislature — ORS 2025 Edition, Chapter 163 · ORS 163.412

Stored review status: 2025_edition_later_amendments_unresolved. Explicit ORS citation in the printed section; applicability is unreviewed.

Oregon criminal law — ORS Title 16 (2025 snapshot) · legal_authorities

ORS 161.067 — Determining punishable offenses for violation of multiple statutory provisions, multiple victims or repeated violations

161.067 Determining punishable offenses for violation of multiple statutory provisions, multiple victims or repeated violations. (1)(a) When the same conduct or criminal episode violates two or more statutory provisions and each provision requires proof of an element that the others do not, there are as many separately punishable offenses as there are separate statutory violations. (b) Notwithstanding ORS 132.586, 163.160 and 163.190 and paragraph (a) of this subsection, a pleading, admission or finding that criminal conduct constitutes a crime involving domestic violence, as defined in ORS 135.230, is not an element for purposes of this section. (2) When the same conduct or criminal episode, though violating only one statutory provision involves two or more victims, there are as many separately punishable offenses as there are victims. However, two or more persons owning joint interests in real or personal property shall be considered a single victim for purposes of determining the number of separately punishable offenses if the property is the subject of one of the following crimes: (a) Theft as defined in ORS 164.015. (b) Unauthorized use of a vehicle as defined in ORS 164.135. (c) Criminal possession of rented or leased personal property as defined in ORS 164.140. (d) Criminal possession of a rented or leased motor vehicle as defined in ORS 164.138. (e) Burglary as defined in ORS 164.215 or 164.225. (f) Criminal trespass as defined in ORS 164.243, 164.245, 164.255, 164.265 or 164.278. (g) Arson and related offenses as defined in ORS 164.315, 164.325 or 164.335. (h) Forgery and related offenses as defined in ORS 165.002 to 165.070. (3) When the same conduct or criminal episode violates only one statutory provision and involves only one victim, but neverthe

Source: Oregon Legislature — ORS 2025 Edition, Chapter 161 · ORS 161.067

Stored review status: 2025_edition_later_amendments_unresolved. Incoming connection: Explicit ORS citation in the printed section; applicability is unreviewed.

Oregon criminal law — ORS Title 16 (2025 snapshot) · legal_authorities

ORS 163.345 — Age as a defense in certain cases

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 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. (3) In any prosecution under ORS 163.445 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 if the victim was at least 15 years of age at the time of the alleged offense. [1971 c.743 §108; 1991 c.386 §3; 1991 c.830 §4; 1999 c.626 §24; amendments by 1999 c.626 §45 repealed by 2001 c.884 §1]

Source: Oregon Legislature — ORS 2025 Edition, Chapter 163 · ORS 163.345

Stored review status: 2025_edition_later_amendments_unresolved. Incoming connection: Explicit ORS citation in the printed section; applicability is unreviewed.