1. 163.365 Rape II
    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
  2. 163.375 Rape I
    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 persons sibling, of the whole or half blood, the persons child or the persons spouses child; or

    d. The victim is incapable of consent by reason of mental defect, mental incapacitation or physical helplessness.

    2. Rape in the first degree is a class A felony.
  3. 163.395 Sodomy II
    1. A person who engages in deviate sexual intercourse with another person or causes another to engage in deviate 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 felony.
  4. 163.405 Sodomy I
    1. A person who engages in deviate sexual intercourse with another person or causes another to engage in deviate 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 under 12 years of age;

    c. The victim is under 16 years of age and is the actors brother or sister, of the whole or half blood, the son or daughter of the actor or the son or daughter of the actors spouse; or

    d. The victim is incapable of consent by reason of mental defect, mental incapacitation or physical helplessness.

    2. Sodomy in the first degree is a class A felony.
  5. 163.408 Unlawful sexual penetration II
    1. Except as permitted under ORS 163.412 (exceptions), 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 other than the penis or mouth of the actor and the victim is under 14 years of age.

    2. Unlawful sexual penetration in the second degree is a class B felony.
  6. ORS 163.411 Unlawful sexual penetration I
    1. Except as permitted under ORS 163.412 (exceptions), 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 other than the penis or mouth of the actor and:

    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 defect, mental incapacitation or physical helplessness.

    2. Unlawful sexual penetration in the first degree is a class A felony.
  7. 163.412 Exceptions to unlawful sexual penetration prohibition
    Nothing in ORS 163.408, 163.411, 163.452 prohibits a penetration described on those sections when:

    1. The penetration is part of a medically recognized treatment or diagnostic procedure; 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 of such an officer, in order to search for weapons, contraband or evidence of a crime.
  8. 163.425 Sexual Abuse II
    1. A person commits the crime of sexual abuse in the second degree when:

    a. The person subjects another person to sexual intercourse, deviate sexual intercourse or, except as provided in ORS 163.412 (exceptions), 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. A. The person violates ORS 163.415 (Sexual Abuse 3).

    • B. The person is 21 years of age or older, and
    • C. At any time before the commission of the offense, the person was the victims coach as defined in ORS 163.426.

    2. Sexual abuse in the second degree is a class C felony.
  9. 163.427 Sexual abuse I
    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 consent by reason of being mentally defective, mentally incapacitated or physically helpless; or

    b. Intentionally causes a person under 18 years of age to touch or contact the mouth, anus or sex organs of an animal for the purpose of arousing or gratifying the sexual desire of a person.

    2. Sexual abuse in the first degree is a class B felony.
  10. ORS 163.670 Using child in display of sexually explicit conduct
    1. A person commits the crime of using a child in a display of sexually explicit conduct if the person 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.

    2. Using a child in a display of sexually explicit conduct is a class A felony.
  11. 167.017 Compelling prostitution
    1. A person commits the crime of compelling prostitution if the person knowingly:

    a. Uses force or intimidation to compel another to engage in prostitution;

    b. Induces or causes a person under 18 years of age to engage in prostitution;

    c. Aids or facilitates the commission of prostitution or attempted prostitution by a person under 18 years of age; or

    d. Induces or causes the spouse, child or stepchild of the person to engage in prostitution.

    2. Compelling prostitution is a class B felony.

    3. In a prosecution under subsection 1(b) or (c) of this section, the state is not required to prove that the defendant knew the other person was under 18 years of age and it is no defense that the defendant did not know the persons age or that the defendant reasonably believed the person to be older than 18 years of age.
  12. 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 victims 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.

    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 victims 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.

    3. In any prosecution under ORS 163.445 (Sexual misconduct) in which the victims 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 if the victim was at least 15 years of age at the time of the alleged offense.
Author
Lprchn81
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345213
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