163.454 Custodial sexual misconduct in the second degree. (1) A person commits the crime of custodial sexual misconduct in the second degree if the person:
(a) Engages in sexual contact with another person 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 contact 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 second degree is a Class A misdemeanor. [2005 c.488 §4; 2019 c.213 §42]
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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Authority boundary: official snapshot extraction not current law verified.
Stable record: oregon_criminal_law:legal_authorities:163.454 Source file: ors163.html Pages: Not recorded – Not recorded Passage SHA-256: f11cb571de0f8e2d6937a459cf932948ccc955600042fadef02c7caa319b0fef Retained source evidence SHA-256: 81109a43a5631ebec4ebfde641092a6c60ecd13ec77452c9939b53ff86a4d40c
Source location: ORS 163.454 (all printed versions and notes)
Stored source content
163.454 Custodial sexual misconduct in the second degree. (1) A person commits the crime of custodial sexual misconduct in the second degree if the person:
(a) Engages in sexual contact with another person 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 contact 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 second degree is a Class A misdemeanor. [2005 c.488 §4; 2019 c.213 §42]
Cross-references
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