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]
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
File SHA-256: 81109a43a5631ebec4ebfde641092a6c60ecd13ec77452c9939b53ff86a4d40c. The original may include catalog metadata, neighboring provisions, or embedded records outside this collection's scope. This page displays the selected Oregon section record with its printed versions and adjoining notes. Historical editions and unverified snapshots are not a statement of current law.
Authority boundary: official snapshot extraction not current law verified.
Stable record: oregon_criminal_law:legal_authorities:163.452 Source file: ors163.html Pages: Not recorded – Not recorded Passage SHA-256: 912e6258e25b77bdcf3388e939e0591312fc9c878071dc95aa025f2f723183de Retained source evidence SHA-256: 81109a43a5631ebec4ebfde641092a6c60ecd13ec77452c9939b53ff86a4d40c
Source location: ORS 163.452 (all printed versions and notes)
Stored source content
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]
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Oregon criminal law — ORS Title 16 (2025 snapshot) · legal_authorities
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]