Oregon Prohibited Consensual Sexual Activity Laws

By Christie Nicholson, J.D. | Legally reviewed by FindLaw Staff | Last updated March 12, 2025

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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 crime, mainly when people engage in them within public view.

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.

This article offers a brief overview of Oregon laws prohibiting certain consensual and nonconsensual sexual acts.

Overview of Oregon Laws Prohibiting Certain Consensual Sexual Acts

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

Under Oregon law, the definition of consent 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.

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 laws come into play.)

While Oregon still has anti-sodomy laws on the books, the state only pursues cases involving children or nonconsensual acts.

Oregon also has public indecency 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.

Oregon’s Romeo and Juliet Laws

There are exceptions to the consent laws. For example, Oregon’s Romeo and Juliet laws allow legal exemptions for young people in a romantic relationship.

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

To qualify for the Romeo and Juliet exemption, the defendant must meet the following conditions:

The potential charges must be for either second-degree or third-degree rape
There can’t be more than a three-year age difference between the defendant and their romantic partner
The other party must consent to the sexual relations
The defendant must raise this affirmative defense and prove that the sex was consensual

If you can prove these things, the state will drop the criminal charges, and you won’t have to register as a sex offender.

Consensual Sexual Activity Laws in Oregon

More provisions of Oregon laws prohibiting certain kinds of consensual sexual activities appear in the following table. You can also find more information and resources on sexual misconduct in FindLaw’s section on Sex Crimes.

Sodomy laws	Sodomy is still on the books in Oregon. Sodomy in the first and second degrees applies to cases where the victim was a minor or where the defendant used force. The prosecutor will file sodomy charges in the third degree if law enforcement catches you engaging in oral or anal sexual intercourse with someone under 16. You’ll also face charges if you engage in oral or anal sexual intercourse. This is a Class C felony.
Penalty for sodomy	Sodomy in the first degree: This is a Class A felony, carrying a minimum penalty of 25 years (if the victim is under 12) or 100 months if the crime meets the following criteria: The defendant used force or coercion The victim was under 16 years old The victim can’t consent due to a mental disability The maximum penalty in these situations is 20 years imprisonment and fines up to $375,000. Sodomy in the second degree: This is a Class B felony with a potential penalty of 75 months to 10 years imprisonment and a fine of $250,000. Sodomy in the third degree: This is a Class C felony with a penalty of up to five years in prison and fines of up to $125,000.

Sodomy laws

Sodomy is still on the books in Oregon. Sodomy in the first and second degrees applies to cases where the victim was a minor or where the defendant used force. The prosecutor will file sodomy charges in the third degree if law enforcement catches you engaging in oral or anal sexual intercourse with someone under 16. You’ll also face charges if you engage in oral or anal sexual intercourse. This is a Class C felony.

Penalty for sodomy

Sodomy in the first degree: This is a Class A felony, carrying a minimum penalty of 25 years (if the victim is under 12) or 100 months if the crime meets the following criteria:

The defendant used force or coercion
The victim was under 16 years old
The victim can’t consent due to a mental disability

The maximum penalty in these situations is 20 years imprisonment and fines up to $375,000.

Sodomy in the second degree: This is a Class B felony with a potential penalty of 75 months to 10 years imprisonment and a fine of $250,000.
Sodomy in the third degree: This is a Class C felony with a penalty of up to five years in prison and fines of up to $125,000.

Note: State laws are subject to change through new legislation, higher court rulings, ballot initiatives, and other means. While we strive to provide the most current information, consult a criminal defense attorney or conduct legal research to verify your state laws.

Charged with a Sex Crime in Oregon? Let an Attorney Help You

Criminal prosecution for a sex crime can have severe consequences for a defendant. If you’re facing charges for a sex crime, contact an experienced Oregon criminal defense attorney for legal advice.