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 163.426 – Crime category classification for sexual abuse in the second degree.
(1) As used in this section: (a) “Coach” means a person who instructs or trains an individual or members of a team in a sport. (b) “Teacher” means an employee of a school or school district who has direct responsibility for the instruction of students. (2) The Oregon Criminal Justice Commission shall classify sexual abuse […]
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 163.305 – 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 163.310
[Renumbered 166.180]
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 […]