{"id":375904,"date":"2016-03-31T21:36:26","date_gmt":"2016-04-01T02:36:26","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/oregon-law\/oregon-prohibited-consensual-sexual-activity-laws.html"},"modified":"2025-03-12T15:47:01","modified_gmt":"2025-03-12T20:47:01","slug":"oregon-prohibited-consensual-sexual-activity-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/oregon-law\/oregon-prohibited-consensual-sexual-activity-laws.html","title":{"rendered":"Oregon Prohibited Consensual Sexual Activity Laws"},"content":{"rendered":"\n
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Oregon Prohibited Consensual Sexual Activity Laws<\/h1>\n
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\n By Christie Nicholson, J.D.<\/a> | Legally reviewed by FindLaw Staff<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

When two or more consenting adults engage in sexual activity, it’s usually none of the state’s business. But, Oregon law considers certain consensual sexual acts<\/a> a crime, mainly when people engage in them within public view.<\/p>\r\n

Laws banning consensual sexual activities have changed over the years. For example, lawmakers used anti-sodomy laws banning non-procreative sexual acts to criminalize homosexuality. This didn’t change until 2003 when the U.S. Supreme Court declared such laws unconstitutional in Lawrence v. Texas<\/i><\/a>.<\/i><\/p>\r\n

This article offers a brief overview of Oregon laws prohibiting certain consensual and nonconsensual sexual acts.<\/p>\r\n

Overview of Oregon Laws Prohibiting Certain Consensual Sexual Acts<\/b><\/h2>\r\n

Before we describe the laws in Oregon prohibiting consensual sexual contact\/sexual conduct<\/a>, we’ll explain what we mean by consent. Oregon’s criminal laws offer a narrow and distinct definition of consent.<\/p>\r\n

Under Oregon law, the definition of consent<\/a> in criminal law is Voluntary agreement or acquiescence by someone who is of the legal age of consent with the requisite mental capacity without the use of force, duress, or coercion, with knowledge and a complete understanding of the specific acts.<\/p>\r\n

The age of consent in the state of Oregon is 18. Anybody younger than that, including 16-year-old and 17-year-old people, can’t legally consent to having sex with an adult. (This is where statutory rape<\/a> laws come into play.)<\/p>\r\n

While Oregon still has anti-sodomy laws<\/a> on the books, the state only pursues cases involving children or nonconsensual acts.<\/p>\r\n

Oregon also has public indecency<\/a> and private indecency laws that generally prohibit sexual acts, private parts, or the act of "flashing" another person with one’s genitals with the intent of arousing the other person in a public place. Both offenses are Class A misdemeanors, which can result in a prison sentence of up to one year.<\/p>\r\n

Oregon’s Romeo and Juliet Laws<\/b><\/h2>\r\n

There are exceptions to the consent laws. For example, Oregon’s Romeo and Juliet laws<\/a> allow legal exemptions for young people in a romantic relationship.<\/p>\r\n

Usually, if an adult in Oregon engages in a sexual relationship with someone under 18, they’ll face statutory rape charges<\/a>. But, the state’s Romeo and Juliet laws offer some protection from these charges.<\/p>\r\n

To qualify for the Romeo and Juliet exemption, the defendant must meet the following conditions:<\/p>\r\n