Title 16, Crimes and Punishments

(1) A person commits the crime of female genital mutilation if the person: (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 …

(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, a…

As used in ORS 163.211 to 163.213: (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 m…

(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. (2) Un…

(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 agai…

As used in ORS 163.215 to 163.257, unless the context requires otherwise: (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, t…

(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: (a) Takes the person from one place to another; or (b) Secretly confines the person in…

(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: (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 inj…

(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 jo…

(1) A person commits the crime of custodial interference in the first degree if the person violates ORS 163.245 and: (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 …

As used in this section and ORS 163.263 and 163.264: (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:…

(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: (a) Abusing or threatenin…

(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: (a) Causing or threatening…

(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: (a) The person knows o…

(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. (2) In…

(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 in…

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 …

As used in chapter 743, Oregon Laws 1971, unless the context requires otherwise: (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 …

(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…