Title 16, Crimes and Punishments

(1) A person is considered incapable of consenting to a sexual act if the person is: (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…

(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…

(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…

(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. (2) Rape in the third degree is a Class C felony. [1971 c.743 §109; 1991 c.628 §1]

(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. (2) Rape in the second degree is a Class B felony. [1971 c.743 §110; 1989 c.359 §1; 1991 c.628 §2]

(1) A person who has sexual intercourse with another person commits the crime of rape in the first degree if: (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 sib…

(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. (2) Sodomy in the third degree is a Class C felony. …

(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. (2) Sodomy in the second degree is a Class B fel…

(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: (a) The victim is subjected to forcible compulsion by the actor; (b) The victim is un…

(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. (2) Unlawful sexual penetration in the …

(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: (a) The victim is subjected to forcible compulsion; (b) The victim is under …

Nothing in ORS 163.408, 163.411 or 163.452 prohibits a penetration described in those sections when: (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 …

(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. (2)(a) If the …

(1) A person commits the crime of sexual abuse in the third degree if: (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) F…

(1) A person commits the crime of sexual abuse in the second degree when: (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 p…

(1) As used in this section: (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 Jus…

(1) A person commits the crime of sexual abuse in the first degree when that person: (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 …

(1) A person commits the crime of sexual abuse by fraudulent representation if the person is a licensee and knowingly: (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…

As used in ORS 163.431 to 163.434: (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, bu…

(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: (a) For the purpose of arousing or gratifying the sexual desire of the person or another person, knowingly uses an online communication to sol…

(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. (2) Online sexual corruption of a child in the first d…

(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. (2) It is not a defense to a prosecution for online sex…

(1) A person 18 years of age or older commits the crime of contributing to the sexual delinquency of a minor if: (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 y…

(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. (2) Sexual misconduct is a Class C misdemeanor. [1971 c.743 §118; 2017 c.318 §8]

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]

(1) A person commits the crime of custodial sexual misconduct in the first degree if the person: (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…

(1) A person commits the crime of custodial sexual misconduct in the second degree if the person: (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 cor…

(1) A person commits the crime of public indecency if while in, or in view of, a public place the person performs: (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 inte…

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] Note: 163.466 was enacted into law by the Legislative Assembly but was not added to or made a…

(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: (a) The person is in a place where another person has a reasonable expectation of privacy; (b) T…

(1) A person commits the crime of unlawful dissemination of an intimate image if: (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 sex…

(1) A person commits the crime of unlawfully being in a location where children regularly congregate if the person: (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), an…

(1) A person commits the crime of unlawful contact with a child if the person: (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 o…

As used in ORS 163.505 to 163.575, unless the context requires otherwise: (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) “Prec…

(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. (2) Bigamy is a Class C felony. [1971 c.743 §171]

(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 sist…

(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. (2) Abandonment of a child…

(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. (2) Subsection (1) of this section does not: (a) Prohibit a pers…

(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 …

(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: (A) In a vehicle where controlled substances or cannabinoid extracts as defined…

(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. (2) It is no de…

(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 oth…

(1) A person commits the offense of endangering the welfare of a minor if the person knowingly: (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 un…

(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: (a) Commits an act that brings the child within the jurisdiction…

(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. (2) A person who violates this section commits a Class B violation. [1981 c.838…

As used in ORS 163.665 to 163.693: (1) “Child” means a person who is less than 18 years of age, and any reference to a child in relation to a visual recording of the child is a reference to a person who was less than 18 years of age at the time the original image in the visual re…

(1) A person commits the crime of using a child in a display of sexually explicit conduct if the person: (a) Employs, authorizes, permits, compels or induces a child to participate or engage in sexually explicit conduct for any person to observe or to record in a visual recording…

(1) No employee is liable to prosecution under ORS 163.684 or under any city or home rule county ordinance for exhibiting or possessing with intent to exhibit any obscene matter or performance provided the employee is acting within the scope of regular employment at a showing ope…

The provisions of ORS 163.665 to 163.693 do not apply to: (1) Any legitimate medical procedure performed by or under the direction of a person licensed to provide medical services for the purpose of medical diagnosis or treatment, including the recording of medical procedures; (2…

(1) A person commits the crime of encouraging child sexual abuse in the first degree if the person: (a)(A) Knowingly develops, duplicates, publishes, prints, disseminates, exchanges, displays, finances, attempts to finance or sells a visual recording of sexually explicit conduct …