Chapter 163 — Chapter 163
199 sections in this chapter.
ORS 163.425 Sexual abuse in the second degree. (1) A person commits the crime of sexual abuse in the second degree when
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(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 the victim does not consent thereto; or (b)…
ORS 163.426 Crime category classification for sexual abuse in the second degree. (1) As used in this section
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(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 classif…
ORS 163.427 Sexual abuse in the first degree. (1) A person commits the crime of sexual abuse in the first degree when that person
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(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 of being mentally incapacitated, physically helpless or incapable o…
ORS 163.429 Sexual abuse by fraudulent representation. (1) A person commits the crime of sexual abuse by fraudulent representation if the person is a licensee and knowingly
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(a) Subjects another person to sexual contact; and (b) Falsely or fraudulently represents to the other person that the sexual contact serves a legitimate medical purpose. (2) Sexual abuse by fraudulent representation is a Class B felony. (3) The Oregon Criminal Justice Commission…
ORS 163.430 [Amended by 1967 c.359 §683; repealed by 1971 c.743 §432]
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[Repealed or reserved.]
ORS 163.431 Definitions for ORS 163.431 to 163.434. As used in ORS 163.431 to 163.434
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(1) “Child” means a person who the defendant reasonably believes to be under 16 years of age. (2) “Online communication” means communication that occurs via telephone text messaging, electronic mail, personal or instant messaging, chat rooms, bulletin boards or any other transmis…
ORS 163.432 Online sexual corruption of a child in the second degree. (1) A person commits the crime of online sexual corruption of a child in the second degree if the person is 18 years of age or older and
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(a) For the purpose of arousing or gratifying the sexual desire of the person or another person, knowingly uses an online communication to solicit a child to engage in sexual contact or sexually explicit conduct; and (b) Offers or agrees to physically meet with the child. (2) Onl…
ORS 163.433 Online sexual corruption of a child in the first degree. (1) A person commits the crime of online sexual corruption of a child in the first degree if the person violates ORS 163.432 and intentionally takes a substantial step toward physically meeting with or encountering the child
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(2) Online sexual corruption of a child in the first degree is a Class B felony. [2007 c.876 §3] Note: See note under 163.431.
ORS 163.434 Provisions applicable to online sexual corruption of a child. (1) It is an affirmative defense to a prosecution for online sexual corruption of a child in the first or second degree that the person was not more than three years older than the person reasonably believed the child to be
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(2) It is not a defense to a prosecution for online sexual corruption of a child in the first or second degree that the person was in fact communicating with a law enforcement officer, as defined in ORS 163.730, or a person working under the direction of a law enforcement officer…
ORS 163.435 Contributing to the sexual delinquency of a minor. (1) A person 18 years of age or older commits the crime of contributing to the sexual delinquency of a minor if
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(a) Being a male, he engages in sexual intercourse with a female under 18 years of age; or (b) Being a female, she engages in sexual intercourse with a male under 18 years of age; or (c) The person engages in oral or anal sexual intercourse with another person under 18 years of a…
ORS 163.440 [Repealed by 1971 c.743 §432]
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[Repealed or reserved.]
ORS 163.445 Sexual misconduct. (1) A person commits the crime of sexual misconduct if the person engages in sexual intercourse or oral or anal sexual intercourse with an unmarried person under 18 years of age
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(2) Sexual misconduct is a Class C misdemeanor. [1971 c.743 §118; 2017 c.318 §8]
ORS 163.448 Definitions for ORS 163.452 and 163.454. As used in ORS 163.452 and 163.454, “correctional facility” has the meaning given that term in ORS 162.135. [2005 c.488 §2]
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[Repealed or reserved.]
ORS 163.450 [Repealed by 1971 c.743 §432]
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[Repealed or reserved.]
ORS 163.452 Custodial sexual misconduct in the first degree. (1) A person commits the crime of custodial sexual misconduct in the first degree if the person
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(a) Engages in sexual intercourse or oral or anal sexual intercourse with another person or penetrates the vagina, anus or penis of another person with any object other than the penis or mouth of the actor knowing that the other person is: (A) In the custody of a law enforcement …
ORS 163.454 Custodial sexual misconduct in the second degree. (1) A person commits the crime of custodial sexual misconduct in the second degree if the person
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(a) Engages in sexual contact with another person knowing that the other person is: (A) In the custody of a law enforcement agency following arrest; (B) Confined or detained in a correctional facility; (C) Participating in an adult in custody or offender work crew or work release…
ORS 163.455 [1971 c.743 §119; repealed by 1983 c.546 §1]
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[Repealed or reserved.]
ORS 163.460 [Repealed by 1971 c.743 §432]
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[Repealed or reserved.]
ORS 163.465 Public indecency. (1) A person commits the crime of public indecency if while in, or in view of, a public place the person performs
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(a) An act of sexual intercourse; (b) An act of oral or anal sexual intercourse; (c) Masturbation; or (d) An act of exposing the genitals of the person with the intent of arousing the sexual desire of the person or another person. (2)(a) Public indecency is a Class A misdemeanor.…
ORS 163.466 Classification of felony public indecency. The Oregon Criminal Justice Commission shall classify felony public indecency as a person felony and crime category 6 of the sentencing guidelines grid of the commission. [1999 c.962 §3]
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Note: 163.466 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 163 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
ORS 163.467 Private indecency. (1) A person commits the crime of private indecency if the person exposes the genitals of the person with the intent of arousing the sexual desire of the person or another person and
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(a) The person is in a place where another person has a reasonable expectation of privacy; (b) The person is in view of the other person; (c) The exposure reasonably would be expected to alarm or annoy the other person; and (d) The person knows that the other person did not conse…
ORS 163.470 [Repealed by 1971 c.743 §432]
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[Repealed or reserved.]
ORS 163.472 Unlawful dissemination of an intimate image. (1) A person commits the crime of unlawful dissemination of an intimate image if
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(a) The person, with the intent to harass, humiliate or injure another person, knowingly causes to be disclosed an image of the other person whose intimate parts are visible or who is engaged in sexual conduct; (b) The person knows or reasonably should have known that the other p…
ORS 163.475 [1975 c.176 §2; 1977 c.822 §1; repealed by 1981 c.892 §98]
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[Repealed or reserved.]
ORS 163.476 Unlawfully being in a location where children regularly congregate. (1) A person commits the crime of unlawfully being in a location where children regularly congregate if the person
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(a)(A) Has been designated a sexually violent dangerous offender under ORS 137.765; (B) Has been classified as a level three sex offender under ORS 163A.100 (3), and does not have written approval from the State Board of Parole and Post-Prison Supervision or the person’s supervis…
ORS 163.477 [1979 c.706 §3; repealed by 1985 c.557 §10]
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[Repealed or reserved.]
ORS 163.479 Unlawful contact with a child. (1) A person commits the crime of unlawful contact with a child if the person
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(a)(A) Has been designated a sexually violent dangerous offender under ORS 137.765; (B) Has been classified as a level three sex offender under ORS 163A.100 (3); (C) Has been sentenced as a dangerous offender under ORS 161.725 upon conviction of a sex crime; or (D) Has been given…
ORS 163.480 [Amended by 1963 c.406 §1; repealed by 1971 c.743 §432]
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[Repealed or reserved.]
ORS 163.483 [1979 c.706 §2; 1983 c.740 §30; repealed by 1985 c.557 §10]
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[Repealed or reserved.]
ORS 163.485 [1979 c.706 §4; repealed by 1985 c.557 §10]
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[Repealed or reserved.]
ORS 163.490 [Repealed by 1971 c.743 §432]
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[Repealed or reserved.]
ORS 163.495 [1979 c.706 §5; 1987 c.158 §25; 1987 c.864 §14; renumbered 163.676 in 1987]
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[Repealed or reserved.]
ORS 163.500 [Repealed by 1971 c.743 §432]
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OFFENSES AGAINST FAMILY
ORS 163.505 Definitions for certain provisions of ORS 163.505 to 163.575. As used in ORS 163.505 to 163.575, unless the context requires otherwise
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(1) “Controlled substance” has the meaning given that term in ORS 475.005. (2) “Descendant” includes persons related by descending lineal consanguinity, stepchildren and lawfully adopted children. (3) “Precursor substance” has the meaning given that term in ORS 475.940. (4) “Supp…
ORS 163.515 Bigamy. (1) A person commits the crime of bigamy if the person knowingly marries or purports to marry another person at a time when either is lawfully married
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(2) Bigamy is a Class C felony. [1971 c.743 §171]
ORS 163.525 Incest. (1) A person commits the crime of incest if the person marries or engages in sexual intercourse or oral or anal sexual intercourse with a person whom the person knows to be related to the person, either legitimately or illegitimately, as an ancestor, descendant or brother or sister of either the whole or half blood
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(2) Incest is a Class C felony. [1971 c.743 §172; 2017 c.318 §12]
ORS 163.535 Abandonment of a child. (1) A person commits the crime of abandonment of a child if, being a parent, lawful guardian or other person lawfully charged with the care or custody of a child under 15 years of age, the person deserts the child in any place with intent to abandon it
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(2) Abandonment of a child is a Class C felony. (3) It is an affirmative defense to a charge of violating subsection (1) of this section that the child was left in accordance with ORS 418.017. [1971 c.743 §173; 2001 c.597 §2]
ORS 163.537 Buying or selling a person under 18 years of age. (1) A person commits the crime of buying or selling a person under 18 years of age if the person buys, sells, barters, trades or offers to buy or sell the legal or physical custody of a person under 18 years of age
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(2) Subsection (1) of this section does not: (a) Prohibit a person in the process of adopting a child from paying the fees, costs and expenses related to the adoption as allowed in ORS 109.281. (b) Prohibit a negotiated satisfaction of child support arrearages or other settlement…
ORS 163.545 Child neglect in the second degree. (1) A person having custody or control of a child under 10 years of age commits the crime of child neglect in the second degree if, with criminal negligence, the person leaves the child unattended in or at any place for such period of time as may be likely to endanger the health or welfare of such child
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(2) Child neglect in the second degree is a Class A misdemeanor. [1971 c.743 §174; 1991 c.832 §2]
ORS 163.547 Child neglect in the first degree. (1)(a) A person having custody or control of a child under 16 years of age commits the crime of child neglect in the first degree if the person knowingly leaves the child, or allows the child to stay
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(A) In a vehicle where controlled substances or cannabinoid extracts as defined in ORS 475C.009 are being criminally delivered or manufactured; (B) In or upon premises, or in the immediate proximity of premises, where a cannabinoid extract as defined in ORS 475C.009 is being proc…
ORS 163.555 Criminal nonsupport. (1) A person commits the crime of criminal nonsupport if, being the parent, lawful guardian or other person lawfully charged with the support of a child under 18 years of age, born in or out of wedlock, the person knowingly fails to provide support for such child
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(2) It is no defense to a prosecution under this section that either parent has contracted a subsequent marriage, that issue has been born of a subsequent marriage, that the defendant is the parent of issue born of a prior marriage, that the child is being supported by another pe…
ORS 163.565 Evidence of parentage; confidentiality between spouses not applicable; spouses competent and compellable witnesses. (1) Proof that a child was born during the time a person lived and cohabited with the child’s mother, or held the child’s mother out as that person’s spouse in a marriage, is prima facie evidence that the person is the parent of the child. This subsection does not exclude any other legal evidence tending to establish the parental relationship
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(2) No provision of law prohibiting the disclosure of confidential communications between spouses in a marriage apply to prosecutions for criminal nonsupport. A spouse is a competent and compellable witness for or against either party. [1971 c.743 §176; 2015 c.629 §30; 2017 c.651…
ORS 163.575 Endangering the welfare of a minor. (1) A person commits the offense of endangering the welfare of a minor if the person knowingly
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(a) Induces, causes or permits an unmarried person under 18 years of age to witness an act of sexual conduct or sadomasochistic abuse as defined in ORS 167.060; (b) Permits a person under 18 years of age to enter or remain in a place where unlawful activity involving controlled s…
ORS 163.577 Failing to supervise a child. (1) A person commits the offense of failing to supervise a child if the person is the parent, lawful guardian or other person lawfully charged with the care or custody of a child under 15 years of age and the child
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(a) Commits an act that brings the child within the jurisdiction of the juvenile court under ORS 419C.005; (b) Violates a curfew law of a county or any other political subdivision; or (c) Fails to attend school as required under ORS 339.010. (2) Nothing in this section applies to…
ORS 163.580 Display of sign concerning sale of smoking devices. (1) A person who sells any of the smoking devices listed in ORS 163.575 (1)(d) shall display a sign clearly stating that the sale of such devices to persons under 18 years of age is prohibited by law
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(2) A person who violates this section commits a Class B violation. [1981 c.838 §2; 1999 c.1051 §155; 2015 c.158 §32; 2017 c.701 §19] Note: 163.580 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 163 or any series therein by leg…
ORS 163.605 [1971 c.743 §287; repealed by 1985 c.366 §1]
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[Repealed or reserved.]
ORS 163.610 [Repealed by 1971 c.743 §432]
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[Repealed or reserved.]
ORS 163.620 [Repealed by 1971 c.743 §432]
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[Repealed or reserved.]
ORS 163.630 [Repealed by 1971 c.743 §432]
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[Repealed or reserved.]
ORS 163.635 [1955 c.308 §1; repealed by 1971 c.743 §432]
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[Repealed or reserved.]