Chapter 163 — Chapter 163
199 sections in this chapter.
ORS 163.207 Female genital mutilation. (1) A person commits the crime of female genital mutilation if the person
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(a) Knowingly circumcises, excises or infibulates the whole or any part of the labia majora, labia minora or clitoris of a child; or (b) Is the parent, guardian or other person legally responsible for the care or custody of a child and knowingly allows the circumcision, excision …
ORS 163.208 Assaulting a public safety officer. (1) A person commits the crime of assaulting a public safety officer if the person intentionally or knowingly causes physical injury to the other person, knowing the other person to be a peace officer, corrections officer, youth correction officer, parole and probation officer, animal control officer, firefighter or staff member, and while the other person is acting in the course of official duty
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(2) Assaulting a public safety officer is a Class C felony. (3)(a) Except as otherwise provided in paragraph (b) of this subsection, a person convicted under this section shall be sentenced to not less than seven days of imprisonment and shall not be granted bench parole or suspe…
ORS 163.210 [Repealed by 1971 c.743 §432]
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[Repealed or reserved.]
ORS 163.211 Definitions for ORS 163.211 to 163.213. As used in ORS 163.211 to 163.213
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(1) “Corrections officer” and “parole and probation officer” have the meanings given those terms in ORS 181A.355. (2) “Mace, tear gas, pepper mace or any similar deleterious agent” means a sternutator, lacrimator or any substance composed of a mixture of a sternutator or lacrimat…
ORS 163.212 Unlawful use of an electrical stun gun, tear gas or mace in the second degree. (1) A person commits the crime of unlawful use of an electrical stun gun, tear gas or mace in the second degree if the person recklessly discharges an electrical stun gun, tear gas weapon, mace, tear gas, pepper mace or any similar deleterious agent against another person
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(2) Unlawful use of an electrical stun gun, tear gas or mace in the second degree is a Class A misdemeanor. [1995 c.651 §2] Note: See note under 163.211.
ORS 163.213 Unlawful use of an electrical stun gun, tear gas or mace in the first degree. (1) A person commits the crime of unlawful use of an electrical stun gun, tear gas or mace in the first degree if the person knowingly discharges or causes to be discharged any electrical stun gun, tear gas weapon, mace, tear gas, pepper mace or any similar deleterious agent against another person, knowing the other person to be a peace officer, corrections officer, parole and probation officer, firefighter or emergency medical services provider and while the other person is acting in the course of official duty
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(2) Unlawful use of an electrical stun gun, tear gas or mace in the first degree is a Class C felony. [1995 c.651 §3; 2011 c.703 §50] Note: See note under 163.211. KIDNAPPING AND RELATED OFFENSES
ORS 163.215 Definitions for ORS 163.215 to 163.257. As used in ORS 163.215 to 163.257, unless the context requires otherwise
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(1) “Without consent” means that the taking or confinement is accomplished by force, threat or deception, or, in the case of a person under 16 years of age or who is otherwise incapable of giving consent, that the taking or confinement is accomplished without the consent of the l…
ORS 163.220 [Repealed by 1971 c.743 §432]
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[Repealed or reserved.]
ORS 163.225 Kidnapping in the second degree. (1) A person commits the crime of kidnapping in the second degree if, with intent to interfere substantially with another’s personal liberty, and without consent or legal authority, the person
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(a) Takes the person from one place to another; or (b) Secretly confines the person in a place where the person is not likely to be found. (2) It is a defense to a prosecution under subsection (1) of this section if: (a) The person taken or confined is under 16 years of age; (b) …
ORS 163.230 [Repealed by 1971 c.743 §432]
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[Repealed or reserved.]
ORS 163.235 Kidnapping in the first degree. (1) A person commits the crime of kidnapping in the first degree if the person violates ORS 163.225 with any of the following purposes
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(a) To compel any person to pay or deliver money or property as ransom; (b) To hold the victim as a shield or hostage; (c) To cause physical injury to the victim; (d) To terrorize the victim or another person; or (e) To further the commission or attempted commission of any of the…
ORS 163.240 [Repealed by 1971 c.743 §432]
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[Repealed or reserved.]
ORS 163.245 Custodial interference in the second degree. (1) A person commits the crime of custodial interference in the second degree if, knowing or having reason to know that the person has no legal right to do so, the person takes, entices or keeps another person from the other person’s lawful custodian or in violation of a valid joint custody order with intent to hold the other person permanently or for a protracted period
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(2) Expenses incurred by a lawful custodial parent or a parent enforcing a valid joint custody order in locating and regaining physical custody of the person taken, enticed or kept in violation of this section are “economic damages” for purposes of restitution under ORS 137.103 t…
ORS 163.250 [Repealed by 1971 c.743 §432]
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[Repealed or reserved.]
ORS 163.255 [1955 c.530 §1; repealed by 1971 c.743 §432]
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[Repealed or reserved.]
ORS 163.257 Custodial interference in the first degree. (1) A person commits the crime of custodial interference in the first degree if the person violates ORS 163.245 and
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(a) Causes the person taken, enticed or kept from the lawful custodian or in violation of a valid joint custody order to be removed from the state; or (b) Exposes that person to a substantial risk of illness or physical injury. (2) Expenses incurred by a lawful custodial parent o…
ORS 163.260 [Amended by 1955 c.366 §1; repealed by 1971 c.743 §432]
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[Repealed or reserved.]
ORS 163.261 Definitions for ORS 163.261, 163.263 and 163.264. As used in this section and ORS 163.263 and 163.264
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(1) “Controlled substance” has the meaning given that term in ORS 475.005. (2) “Debt bondage” means the inducement of another person to provide labor or services in payment toward or satisfaction of a real or purported debt if: (a) The reasonable value of the labor or services is…
ORS 163.263 Subjecting another person to involuntary servitude in the second degree. (1) A person commits the crime of subjecting another person to involuntary servitude in the second degree if the person knowingly and without lawful authority forces or attempts to force the other person to engage in or continue to engage in services by
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(a) Abusing or threatening to abuse the law or legal process; (b) Destroying, concealing, removing, confiscating or possessing an actual or purported passport or immigration document or another actual or purported government identification document of a person; (c) Threatening to…
ORS 163.264 Subjecting another person to involuntary servitude in the first degree. (1) A person commits the crime of subjecting another person to involuntary servitude in the first degree if the person knowingly and without lawful authority forces or attempts to force the other person to engage in or continue to engage in services by
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(a) Causing or threatening to cause the death of or serious physical injury to a person; or (b) Physically restraining or threatening to physically restrain a person. (2) When determining whether force or attempted force is present in a prosecution under this section, the finder …
ORS 163.266 Trafficking in persons. (1) A person commits the crime of trafficking in persons if the person knowingly recruits, entices, harbors, transports, provides or obtains by any means, or attempts to recruit, entice, harbor, transport, provide or obtain by any means, another person and
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(a) The person knows or recklessly disregards the fact that the other person will be subjected to involuntary servitude as described in ORS 163.263 or 163.264; (b) The person knows or recklessly disregards the fact that force, fraud or coercion will be used to cause the other per…
ORS 163.269 Defenses for victims of involuntary servitude and trafficking in persons. (1) A person who is the victim of a crime described in ORS 163.263, 163.264 or 163.266 may assert the defense of duress, as described in ORS 161.270, if the person is prosecuted for conduct that constitutes services under ORS 163.261, that the person was caused to provide
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(2) In a prosecution for a crime other than a person crime based on conduct that constitutes services under ORS 163.261 that a person was caused to provide, it is an affirmative defense that the person was a human trafficking victim at the time of engaging in the conduct and enga…
ORS 163.270 [Amended by 1955 c.371 §1; 1957 c.640 §1; repealed by 1971 c.743 §432]
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COERCION
ORS 163.275 Coercion. (1) A person commits the crime of coercion when the person compels or induces another person to engage in conduct from which the other person has a legal right to abstain, or to abstain from engaging in conduct in which the other person has a legal right to engage, by means of instilling in the other person a fear that, if the other person refrains from the conduct compelled or induced or engages in conduct contrary to the compulsion or inducement, the actor or another will
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(a) Unlawfully cause physical injury to some person; (b) Unlawfully cause physical injury to some animal; (c) Unlawfully cause damage to property; (d) Engage in conduct constituting a crime; (e) Falsely accuse some person of a crime or cause criminal charges to be instituted agai…
ORS 163.280 [Amended by 1957 c.640 §2; repealed by 1971 c.743 §432]
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[Repealed or reserved.]
ORS 163.285 Defense to coercion. In any prosecution for coercion committed by instilling in the victim a fear that the victim or another person would be charged with a crime, it is a defense that the defendant reasonably believed the threatened charge to be true and that the sole purpose of the defendant was to compel or induce the victim to take reasonable action to make good the wrong which was the subject of the threatened charge. [1971 c.743 §103]
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[Repealed or reserved.]
ORS 163.290 [Repealed by 1971 c.743 §432]
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[Repealed or reserved.]
ORS 163.300 [Repealed by 1971 c.743 §432]
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SEXUAL OFFENSES
ORS 163.305 Definitions. As used in chapter 743, Oregon Laws 1971, unless the context requires otherwise
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(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 or another person will immediately or in the f…
ORS 163.310 [Renumbered 166.180]
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[Repealed or reserved.]
ORS 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
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(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 be considered by the trier of fact along …
ORS 163.320 [Renumbered 166.190]
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[Repealed or reserved.]
ORS 163.325 Ignorance or mistake as a defense. (1) In any prosecution under ORS 163.355 to 163.445 in which the criminality of conduct depends on a child’s being under the age of 16, it is no defense that the defendant did not know the child’s age or that the defendant reasonably believed the child to be older than the age of 16
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(2) When criminality depends on the child’s being under a specified age other than 16, it is an affirmative defense for the defendant to prove that the defendant reasonably believed the child to be above the specified age at the time of the alleged offense. (3) In any prosecution…
ORS 163.330 [Repealed by 1971 c.743 §432]
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[Repealed or reserved.]
ORS 163.335 [1971 c.743 §107; repealed by 1977 c.844 §2]
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[Repealed or reserved.]
ORS 163.340 [Repealed by 1971 c.743 §432]
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[Repealed or reserved.]
ORS 163.345 Age as a defense in certain cases. (1) In any prosecution under ORS 163.355, 163.365, 163.385, 163.395, 163.415, 163.425, 163.427 or 163.435 in which the victim’s lack of consent was due solely to incapacity to consent by reason of being less than a specified age, it is a defense that the actor was less than three years older than the victim at the time of the alleged offense
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(2) In any prosecution under ORS 163.408, when the object used to commit the unlawful sexual penetration was the hand or any part thereof of the actor and in which the victim’s lack of consent was due solely to incapacity to consent by reason of being less than a specified age, i…
ORS 163.355 Rape in the third degree. (1) A person commits the crime of rape in the third degree if the person has sexual intercourse with another person under 16 years of age
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(2) Rape in the third degree is a Class C felony. [1971 c.743 §109; 1991 c.628 §1]
ORS 163.365 Rape in the second degree. (1) A person who has sexual intercourse with another person commits the crime of rape in the second degree if the other person is under 14 years of age
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(2) Rape in the second degree is a Class B felony. [1971 c.743 §110; 1989 c.359 §1; 1991 c.628 §2]
ORS 163.375 Rape in the first degree. (1) A person who has sexual intercourse with another person commits the crime of rape in the first degree if
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(a) The victim is subjected to forcible compulsion by the person; (b) The victim is under 12 years of age; (c) The victim is under 16 years of age and is the person’s sibling, of the whole or half blood, the person’s child or the person’s spouse’s child; or (d) The victim is inca…
ORS 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
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(2) Sodomy in the third degree is a Class C felony. [1971 c.743 §112; 2017 c.318 §3]
ORS 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
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(2) Sodomy in the second degree is a Class B felony. [1971 c.743 §113; 1989 c.359 §3; 2017 c.318 §4]
ORS 163.405 Sodomy in the first 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 first degree if
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(a) The victim is subjected to forcible compulsion by the actor; (b) The victim is under 12 years of age; (c) The victim is under 16 years of age and is the actor’s brother or sister, of the whole or half blood, the son or daughter of the actor or the son or daughter of the actor…
ORS 163.408 Unlawful sexual penetration in the second degree. (1) Except as permitted under ORS 163.412, a person commits the crime of unlawful sexual penetration in the second degree if the person penetrates the vagina, anus or penis of another with any object and the victim is under 14 years of age
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(2) Unlawful sexual penetration in the second degree is a Class B felony. (3) As used in this section, “object” includes any body part of the actor. (4) When multiple crimes are charged based on one penetrative act, the court may not enter separate convictions for each crime, and…
ORS 163.410 [Repealed by 1971 c.743 §432]
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[Repealed or reserved.]
ORS 163.411 Unlawful sexual penetration in the first degree. (1) Except as permitted under ORS 163.412, a person commits the crime of unlawful sexual penetration in the first degree if the person penetrates the vagina, anus or penis of another with any object and
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(a) The victim is subjected to forcible compulsion; (b) The victim is under 12 years of age; or (c) The victim is incapable of consent by reason of mental incapacitation, physical helplessness or incapability of appraising the nature of the victim’s conduct. (2) Unlawful sexual p…
ORS 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
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(1) The penetration is part of a medically recognized treatment or diagnostic procedure and is for a legitimate medical purpose; 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 …
ORS 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
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(2)(a) If the person does not have a prior conviction under this section at the time of the offense, purchasing sex with a minor is a Class C felony and the person may use a defense described in ORS 163.325 only if the minor or, in the case of a police officer or agent of a polic…
ORS 163.415 Sexual abuse in the third degree. (1) A person commits the crime of sexual abuse in the third degree if
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(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 purpose of arousing or gratifying the sexual desire of the perso…
ORS 163.420 [Repealed by 1971 c.743 §432]
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[Repealed or reserved.]