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Section 163.305 – Definitions.

As used in chapter 743, Oregon Laws 1971, unless the context requires otherwise: (1) “Forcible compulsion” means to compel by: (a) Physical force; or (b) A threat, express or implied, that places a person in fear of immediate or future death or physical injury to self or another person, or in fear that the person […]

Section 163.315 – Incapacity to consent; effect of lack of resistance.

(1) A person is considered incapable of consenting to a sexual act if the person is: (a) Under 18 years of age; (b) Incapable of appraising the nature of the person’s conduct; (c) Mentally incapacitated; or (d) Physically helpless. (2) A lack of verbal or physical resistance does not, by itself, constitute consent but may […]

Section 163.325 – Ignorance or mistake as a defense.

(1) In any prosecution under ORS 163.355 to 163.445 in which the criminality of conduct depends on a child’s being under the age of 16, it is no defense that the defendant did not know the child’s age or that the defendant reasonably believed the child to be older than the age of 16. (2) […]

Section 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 […]

Section 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]

Section 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]

Section 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 […]

Section 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 […]

Section 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 […]

Section 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; […]

Section 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 other than the penis or mouth of the actor and the victim is under 14 years of age. (2) Unlawful sexual […]

Section 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 other than the penis or mouth of the actor and: (a) The victim is subjected to forcible compulsion; (b) The victim […]

Section 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; 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 […]

Section 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 […]

Section 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 […]

Section 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 […]

Section 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 […]