Oregon Rape and Sexual Assault Laws

Code Sections

First-degree rape or sodomy: forcing another person to have sex, or having sex (or having or causing deviate sex for sodomy) with any of the following: a person under 12 years of age, a person under 16 years of age who is a sibling, of whole or half blood, or the offender's child or spouse's child, or a person incapable of consent due to mental defect, mental incapacitation, or physical helplessness

Second-degree rape or sodomy: having sex (or having or causing deviate sex for sodomy) with a person under 14 years of age

Third-degree rape or sodomy: having sex (or having or causing deviate sex for sodomy) with a person under 16 years of age

First-degree unlawful sexual penetration: penetrating the vagina, anus, or penis of another person with any object other than the penis or mouth of the offender, either by force or to a victim under 12 years of age or incapable of consent to due mental defect, mental incapacition, or physical helplessness

Second-degree unlawful sexual penetration: same elements as first degree unlawful sexual penetration but with a person under 14 years of age

Purchasing sex with a minor: paying, offering, or agreeing to pay to have sex or sexual contact with a person under 18 years of age

First-degree sexual abuse: forcing another person to have sexual contact or having sexual contact with a person under 14 years of age or a person incapable of consent due to mental defect, mental incapacition, or physical helplessness, or intentionally causing a person under 18 years of age to touch the mouth, anus or sex organs of an animal to arouse or gratify a person's sexual desires

Second-degree sexual abuse: having sex or deviate sex, or penetrating the vagina, anus or penis of another person with any object other than the penis or mouth of the offender, without consent, or committing third degree sexual abuse (see below) and the offender is 21 years of age or older and was also the victim's coach at any time prior to the crime

Third-degree sexual abuse: having sexual contact without consent or with a person under 18 years of age, or intentionally propelling any dangerous substance at a victim without the victim's consent to arouse or gratify a person's sexual desires

First-degree online sexual corruption of a child: committing second degree online sexual corruption of a child (see below) and intentionally taking a substantial step towards physically meeting the child

Second-degree online sexual corruption of a child: the offender is 18 years of age or older and knowingly uses online communication to solicit sexual contact or sexually explicit conduct from a child and offers or agrees to physically meet the child

Contributing to sexual delinquency of a minor: the offender is 18 years of age or older and has sex or deviate sex with a person under 18 years of age or causes that person to have deviate sex

Sexual misconduct: having sex or deviate sex with an unmarried person under 18 years of age

First-degree custodial sexual misconduct: same elements as second degree custodial sexual misconduct with the addition of deviate sex or penetration of the vagina, anus or penis of another person with any object other than the offender's penis or mouth

Second-degree custodial sexual misconduct: having sex with another person, while in a position of supervisory authority, and with knowledge the person is either in legal custody, in a correctional facility, participating in a work program, or on probation, parole, post-prison supervision or other form of conditional or supervised release within the same state agency

Unlawfully being in a location where children regularly congregate: prior designation in a certain class or classes of sex offenders and knowingly entering or remaining in or upon places where persons under 18 years of age regularly gather

Unlawful contact with a child : prior designation in certain class or classes of sex offenders and knowingly contacting a child with the intent to commit a crime or to arouse or satisfy a person's sexual desires

A "minor" is a person under 18 years of age.

A "child" is a person under 16 years of age.

"Dangerous substance" means blood, urine, semen or feces.

Class A felonies are punishable by up to 20 years in prison and up to $375,000 in fines:

• First-degree rape
• First-degree sodomy
• First-degree unlawful sexual penetration

Class B felonies are punishable by up to 10 years in prison and up to $250,000 in fines:

• Second-degree rape
• Second-degree sodomy
• Second-degree unlawful sexual penetration
• First-degree sexual abuse
• First-degree online sexual corruption of a child

Class C felonies are punishable by up to 5 years in prison and up to $125,000 in fines:

• Third-degree rape
• Third-degree sodomy
• Second-degree sexual abuse
• Second-degree online sexual corruption of a child
• Purchasing sex with a minor
• Unlawful contact with a child
• First-degree custodial sexual misconduct

The minimum penalties for first convictions of purchasing sex with a minor include 30 days in prison, completion of a john school program, and a fine of $10,000. The court may also designate the offense as a sex crime. For subsequent convictions, it is a Class B felony and the minimum penalties include a fine of $20,000 and designation of the offense as a sex crime.

Class A misdemeanors are punishable by up to 1 year in prison and up to $6,250 in fines:

• Third degree sexual abuse
• Contributing to the sexual delinquency of a minor
• Second degree custodial sexual misconduct
• Unlawfully being in a location where children regularly congregate

Class C misdemeanors are punishable up to 30 days in prison and up to $1,250 in fines:

• Sexual misconduct

The offender was less than three years older than the victim at the time of the offense and lack of consent for the cirme was solely based upon age. (Applicable crimes for this defense include second and third degree rape, second degree sodomy, first, second, and third degree sexual abuse, contributing to the sexual delinquency of a minor, second degree unlawful sexual penetration, and sexual misconduct.)

For online sexual corruption of child, it is a defense if the offender was less than three years older than the child's believed age. It is not a defense that the person with whom the offender was communicating was actually a law enforcement officer or person working at law enforcement's direction who was over 16 years of age.

Ignorance or mistake of the victim's age is not a defense for third degree rape or sexual misconduct in cases involving a child under 16 years of age.

Ignorance or mistake of the victim's age is a defense when criminality depends upon the child being under an age other than 16.

Ignorance of incapacity to consent due to mental defect, mental incapacitation, or physical helplessness is a defense for third degree rape and sexual misconduct.

There is no unlawful sexual penetration if it is part of a medical treatment or diagnostic procedure or done by a peace or corrections officer, or by medical personnel at the request of the officer, to search for weapons, contrabad, or criminal evidence.

Lack of supervisory authority is a defense to custodial sexual misconduct if the person is on probation, parole, post-prison supervision, or other form of conditional or supervised release.