163.448 Definitions for ORS 163.452 and 163.454. As used in ORS 163.452 and 163.454, “correctional facility” has the meaning given that term in ORS 162.135. [2005 c.488 §2]
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:163.448 Source file: ors163.html Pages: Not recorded – Not recorded Passage SHA-256: 5362a47bc7894db9c38b30e9a710dc70e16a34c1a8cb6cb7a2a34a3daebf183d Retained source evidence SHA-256: 81109a43a5631ebec4ebfde641092a6c60ecd13ec77452c9939b53ff86a4d40c
Source location: ORS 163.448 (all printed versions and notes)
Stored source content
163.448 Definitions for ORS 163.452 and 163.454. As used in ORS 163.452 and 163.454, “correctional facility” has the meaning given that term in ORS 162.135. [2005 c.488 §2]
Cross-references
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Oregon criminal law — ORS Title 16 (2025 snapshot) · legal_authorities
162.135 Definitions for ORS 162.135 to 162.205. As used in ORS 162.135 to 162.205, unless the context requires otherwise:
(1)(a) “Contraband” means:
(A) Controlled substances as defined in ORS 475.005;
(B) Drug paraphernalia as defined in ORS 475.525;
(C) Except as otherwise provided in paragraph (b) of this subsection, currency possessed by or in the control of a person confined in a correctional facility; or
(D) Any article or thing which a person confined in a correctional facility, youth correction facility or state hospital is prohibited by statute, rule or order from obtaining or possessing, and whose use would endanger the safety or security of such institution or any person therein.
(b) “Contraband” does not include authorized currency possessed by a person confined in a work release facility.
(2) “Correctional facility” means any place used for the confinement of persons charged with or convicted of a crime or otherwise confined under a court order and includes but is not limited to a youth correction facility. “Correctional facility” applies to a state hospital or a secure intensive community inpatient facility only as to persons detained therein charged with or convicted of a crime, or detained therein after having been found guilty except for insanity of a crime under ORS 161.290 to 161.373.
(3) “Currency” means paper money and coins that are within the correctional institution.
(4) “Custody” means the imposition of actual or constructive restraint by a peace officer or a parole and probation officer as defined in ORS 181A.355, pursuant to an arrest or court order, but does not include detention in a correctional facility, youth correction facility or a state hospital.
(5) “Escape” means the unlawful departure of a person from custody or a correcti
163.452 Custodial sexual misconduct in the first degree. (1) A person commits the crime of custodial sexual misconduct in the first degree if the person:
(a) Engages in sexual intercourse or oral or anal sexual intercourse with another person or penetrates the vagina, anus or penis of another person with any object other than the penis or mouth of the actor knowing that the other person is:
(A) In the custody of a law enforcement agency following arrest;
(B) Confined or detained in a correctional facility;
(C) Participating in an adult in custody or offender work crew or work release program; or
(D) On probation, parole, post-prison supervision or other form of conditional or supervised release; and
(b) Is employed by or under contract with the state or local agency that:
(A) Employs the officer who arrested the other person;
(B) Operates the correctional facility in which the other person is confined or detained;
(C) Is responsible for supervising the other person in a work crew or work release program or on probation, parole, post-prison supervision or other form of conditional or supervised release; or
(D) Engages the other person in work or on-the-job training pursuant to ORS 421.354 (1).
(2) Consent of the other person to sexual intercourse, oral or anal sexual intercourse or the sexual penetration is not a defense to a prosecution under this section.
(3) Lack of supervisory authority over the other person is an affirmative defense to a prosecution under this section when the other person is on probation, parole, post-prison supervision or other form of conditional or supervised release.
(4) Custodial sexual misconduct in the first degree is a Class C felony. [2005 c.488 §3; 2017 c.318 §9; 2019 c.213 §41]