National Indian Country Clearinghouse on Sexual Assault

OREGON SEXUAL VIOLENCE CODES

*Oregon is a mandatory Public Law 280 state.

 

 

 

OR. CODE §147.425. VICTIM'S PERSONAL REPRESENTATIVE

 

OR. CODE §147.425 affords crime victims who are at least 15 years old the right to select a person who is at least 18 years of age as the victim's personal representative. The victim may not select a person who is a suspect in, or a party or witness to, the crime as a personal representative to accompany the victim of a crime to certain phases of an investigation and prosecution, including medical examinations.


A health care provider, law enforcement agency, protective service worker or court may not prohibit a personal representative from accompanying a victim unless the health care provider, law enforcement agency, protective service worker or court believes that the personal representative would compromise the process. A health care provider, law enforcement agency, protective service worker or court cannot be sued or charged with a crime for deciding to exclude a personal representative from accompanying a victim.

 

 

 

ORS 24.190 (2010)- Foreign restraining orders.

 

ORS 24.190 3 6 (2010)- Foreign restraining orders

 

ORS 24.190 covers foreign restraining orders, which are injunctions or other orders issued by another state, Indian tribe, or jurisdiction for the purpose of preventing violent or threatening acts or harassment against another person, contact or communication with another person, and/or physical proximity to another person. They include temporary and final orders other than support or child custody orders, issued by a civil or criminal court regardless of whether the order was obtained by filing an independent action or as an order in another, pending proceeding, such as an ongoing divorce. However, for a civil order to be considered a restraining order, the civil order must have been issued in response to a complaint, petition or motion filed by or on behalf of a person seeking protection.

 

 

 

ORS 133.310 (2009 – Authority of peace officer to arrest without warrant

 

ORS 133.310 directs Oregon police officers to arrest any person who violates a foreign restraining order. If a person protected by a foreign restraining order presents a copy of the foreign restraining order to the officer and indicates that the order is the most recent order in effect between the parties, and that the person restrained by the order has been personally served with a copy of the order or has actual notice of the order, and the peace officer has probable cause to believe that the person to be arrested has violated the terms of the foreign restraining order, the peace officer will arrest and detain the alleged violator.


An Oregon peace officer shall also arrest and detain a person without a warrant if the person protected by a foreign restraining order has filed a copy of the foreign restraining order with a court or has been identified by the officer as a party protected by a foreign restraining order entered in the Law Enforcement Data System or in the databases of the National Crime Information Center of the United States Department of Justice, and the peace officer has probable cause to believe that the person to be arrested has violated the terms of the foreign restraining order.

 

 

 

ORS §133.315 (2009) - Liability of peace officer making arrest


(1) No peace officer shall be held criminally or civilly liable for making an arrest pursuant to ORS 133.055 (2) or 133.310 (3) or (5) provided the peace officer acts in good faith and without malice.


(2) No peace officer shall be criminally or civilly liable for any arrest made under ORS 133.310 (4) if the officer reasonably believes that:


(a) A document or other writing supplied to the officer under ORS 133.310 (4) is an accurate copy of a foreign restraining order as defined by ORS 24.190 and is the most recent order in effect between the parties; and


(b) The person restrained by the order has been personally served with a copy of the order or has actual notice of the order.

 

 

 

Or. Rev. Stat. § 144.642 (2012) Criteria for determining residence; Department of Corrections; rules; matrix

 

Or. Rev. Stat. § 144.642 governs residence restrictions imposed on sex offenders in Oregon.
Sex offenders are prohibited from living near locations where children are the primary occupants or users, or in any dwelling in which another sex offender on probation, parole or post-prison supervision resides unless specifically authorized.
Communities and community corrections agencies that would be affected by a decision about the location of a sex offender's residence are informed of the decision making process before the offender is released.

 

 

 

OR. REV. STAT. ANN. § 163.305 (WEST 2011). DEFINITIONS

 

OR. Rev. Stat. Ann. § 163.305 defines the terms used throughout Oregon's sex crime statutes. "Deviate sexual intercourse" means contact between one person's sex organs and another person's mouth or anus. "Forcible compulsion" means to compel by physical force or a threat, either implied or directly expressed, that places the victim in fear of immediate or future death or physical injury to that victim or to another person, or that the victim or another person will be kidnapped immediately or in the future.


"Mentally defective" means the person suffers from a mental disease or defect that makes the person incapable of understanding the nature of his/her conduct. "Mentally incapacitated," on the other hand, means a person is not able to understand the nature of his/her conduct, but doesn't suffer from a disease or permanent defect.


"Sexual contact" means any touching of the sexual or other private parts of a person, or causing that person to touch the sexual or other private parts of the actor for the purpose of arousing or satisfying the sexual desire of either the victim or the offender. "Sexual intercourse" means any sexual penetration, however slight, and ejaculation is not required.

 

 

 

OR. REV. STAT. ANN. § 163.315 (WEST 2011). CAPABILITY TO CONSENT; LACK OF RESISTANCE

 

Under OR. Rev. Stat. Ann. § 163.315, any person who is under 18 years of age, mentally defective, mentally incapacitated, or physically helpless is not capable of consenting to sexual activity. A lack of physical or verbal resistance, standing alone, does not signal consent; however, a judge or jury may consider a lack of resistance along with all the other facts of a case.

 

 

 

OR. REV. STAT. ANN. § 163.325 (WEST 2011). KNOWLEDGE OF VICTIM'S AGE

 

OR. Rev. Stat. Ann. § 163.325 states that in prosecutions based on the victim's age of under 16, the defendant's lack of knowledge of the minor's true age is no defense. When the crime depends on the child's being under a specific age other than 16, the defendant can affirmatively claim he or she reasonably believed the child was above that specified age at the time of the act. In prosecutions where the lack of consent is based on incapacity to consent due to mental defect, mental incapacitation, or physical helplessness, the defendant can try to prove that he/she did not know about the facts or conditions leading to the victim's incapacity.

 

 

 

 

OR. REV. STAT. ANN. § 163.345 (WEST 2011). AGE; DEFENSE

 

OR. Rev. Stat. Ann. § 163.345 states that where the victim's lack of consent was only due to incapacity by reason of being less than a specified age and the actor was less than three years older than the victim at the time of the act, the actor can claim the under-three-year age difference as a defense. When the actor used his/her hand or any part of his/her hand to commit the unlawful sexual penetration and the lack of consent was only due to incapacity by reason of being less than a specified age, and the actor was less than three years older than the victim at the time of the act, the actor can claim the under-three-year age difference as a defense. If the victim was at least fifteen years old at the time of the act and the lack of consent was based on incapacity to consent by reason of being less than a specified age, it is also a defense that the actor was less than three years older than the victim.

 

 

 

OR. REV. STAT. ANN. § 163.355 (WEST 2011). 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.


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

 

 

 

OR. REV. STAT. ANN. § 163.365 (WEST 2011). RAPE IN THE SECOND DEGREE

 

OR. Rev. Stat. Ann. § 163.365 is Oregon's Second Degree Rape statute. It prohibits sexual intercourse with any person under 14 years of age, and the crime is a Class B felony.

 

 

 

OR. REV. STAT. ANN. § 163.375 (WEST 2011). 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:


(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 incapable of consent by reason of mental defect, mental incapacitation or physical helplessness.


(2) Rape in the first degree is a Class A felony.

 

 

 

OR. REV. STAT. ANN. § 163.385 (WEST 2011). SODOMY IN THE THIRD DEGREE


(1) A person commits the crime of sodomy in the third degree if the person engages in deviate sexual intercourse with another person under 16 years of age or causes that person to engage in deviate sexual intercourse.


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

 

 

 

OR. REV. STAT. ANN. § 163.395 (WEST 2011). SODOMY IN THE SECOND DEGREE


(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.

 

 

 

OR. REV. STAT. ANN. § 163.405 (WEST 2011). SODOMY IN THE FIRST DEGREE

 

OR. Rev. Stat. Ann. § 163.405 is Oregon's First Degree Sodomy statute. It prohibits deviate sexual intercourse, which includes both oral and anal sex, under four circumstances: where the offender forces the victim to have deviate sexual intercourse by the offender; deviate intercourse with any person under 12 years of age; the victim is under 16 and the offender's sibling or half-sibling, child, or step-child; or the victim cannot consent by reason of mental defect or incapacitation, or physical helplessness. First degree sodomy is a Class A felony.

 

 

 

OR. REV. STAT. ANN. § 163.408 (WEST 2011). UNLAWFUL SEXUAL PENETRATION IN THE SECOND DEGREE

 

OR. Rev. Stat. Ann. § 163.408, Unlawful Sexual Penetration in the Second Degree, prohibits penetration of the vagina, anus, or penis of another with an object other than the actor's penis or mouth where the victim is under 14 years of age.

 

 

 

OR. REV. STAT. ANN. § 163.411 (WEST 2011). UNLAWFUL SEXUAL PENETRATION IN THE FIRST DEGREE

 

OR. Rev. Stat. Ann. § 163.411, Unlawful Sexual Penetration in the First Degree, prohibits penetration of the vagina, anus, or penis of another with an object other than the actor's penis or mouth where the victim under 12 years of age, forced to complete the act, or incapable of consent due to physical helplessness or mental defect or incapacitation. This crime is a Class A felony.

 

 

 

OR. REV. STAT. ANN. § 163.412 (WEST 2011). UNLAWFUL SEXUAL PENETRATION; EXCEPTIONS

 

OR. Rev. Stat. Ann. § 163.412 outlines several exceptions to the statute prohibiting unlawful sexual penetration. The penetration is legal where it is part of a medically recognized treatment or diagnostic procedure, or accomplished by a peace or corrections officer acting in his or her official capacity, or by medical personnel at such an officer's request, and conducted in order to search for weapons, contraband, or evidence of a crime.

 

 

 

OR. REV. STAT. ANN. § 163.415 (WEST 2011). SEXUAL ABUSE IN THE THIRD DEGREE

 

OR. Rev. Stat. Ann. § 163.415 covers third degree sexual abuse, which occurs when the offender subjects another person to sexual contact and the victim does not consent, or cannot consent by reason of being under 18 years of age, or intentionally propels any dangerous substance at a victim without consent for the purpose of arousing or satisfying the sexual desire of the offender or another person. "Dangerous substances" include blood, urine, semen, or feces.

 

 

 

OR. REV. STAT. ANN. § 163.425 (WEST 2011). SEXUAL ABUSE IN THE SECOND DEGREE

 

OR. Rev. Stat. Ann. § 163.425 covers second degree sexual abuse, which occurs when the offender subjects another person to sexual intercourse, deviate sexual intercourse (both oral and anal sex), penetration of the vagina, anus, or penis with any object other than the offender's penis or mouth and the victim does not consent, or cannot consent by reason of being under 18 years of age, the actor is at least 21 years of age and older, and the actor was the victim's coach at any time before the commission of the offense.

 

 

 

OR. REV. STAT. ANN. § 163.427 (WEST 2011). SEXUAL ABUSE IN THE FIRST DEGREE

 

OR. Rev. Stat. Ann. § 163.427 prohibits sexual contact where the victim is less than 14 years of age, subjected to force by the actor, or cannot consent by reason of being mentally defective, mentally incapacitated, or physically helpless. An actor also commits first degree sexual abuse when he/she 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 satisfying the offender's sexual desire.

 

 

 

OR. REV. STAT. ANN. § 163.445 (WEST 2011). SEXUAL MISCONDUCT

 

OR. Rev. Stat. Ann. § 163.445 prohibits sexual misconduct, which occurs when an actor engages in sexual intercourse or oral or anal sex with an unmarried person under 18 years of age. Sexual misconduct is a Class C misdemeanor.

 

 

 

OR. REV. STAT. ANN. § 163.465 (WEST 2011). PUBLIC INDECENCY

 

OR. Rev. Stat. Ann. § 163.465 prohibits public indecency, which occurs when an actor, while in or in view of a public place, engages in sexual intercourse or deviate sexual intercourse (including oral or anal sex), or exposes his/her genitals with the intent of arousing the sexual desire of the actor or another person.
Public Indecency is a Class A misdemeanor, but if the offender has a prior conviction or a similar crime in any state, it is a Class C felony.

 

 

 

OR. REV. STAT. ANN. § 163.466 (WEST 2012). FELONY PUBLIC INDECENCY; SENTENCING CLASSIFICATION

 

OR. Rev. Stat. Ann. § 163.466 establishes a sentencing guidelines category of 6 for felony public indecency.

 

 

 

OR. REV. STAT. ANN. § 163.467 (WEST 2012). PRIVATE INDECENCY

 

OR. Rev. Stat. Ann. § 163.467 prohibits private indecency, which occurs where a person exposes his or her genitals with the intent of arousing the sexual desire of the actor or another person, and: the actor is in a place where another person reasonably expects privacy (including residences and yards, work areas, and offices, among other places), another person can see the actor, the exposure would reasonably be expected to alarm or annoy the other person, and the actor knows the other person did not consent to the exposure. Private indecency is a Class A misdemeanor, and does not apply to people who live together and are involved in a sexually intimate relationship.

 

 

 

Or. Rev. Stat. § 181.592 (2012) Sex offender information; release to public.

 

Or. Rev. Stat. § 181.592 governs the release of sex offender information to the public in Oregon.

 

 

 

Or. Rev. Stat. § 181.820 (2012) Relief from reporting requirement.

 

Or. Rev. Stat. § 181.820 covers relief from sex offender's duty to report in Oregon.
At least 10 years after termination of supervision on probation, conditional release, parole or post-prison supervision, a person required to report may file a petition in circuit court for an order relieving the person of the duty to report if the person has only one conviction for a sex crime, the sex crime was a misdemeanor or Class C felony or, if committed in another state, would have been a misdemeanor or Class C felony if committed in this state, or he person has not been determined to be a predatory sex offender.

National Indian Country Clearinghouse on Sexual Assault, a project by the Southwest Center for Law and Policy © 2017

This project was supported by  Grant No. 2011-TA-AX-K045 awarded by the Office on Violence Against Women. Points of view in this document are those of the author and do not necessary represent the official position of the U.S. Department of Justice. All rights reserved. | Privacy policy   Login