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|THE OREGON CRIMINAL LAW GUIDE|
|MAIN PAGE||OREGON SODOMY LAWYER||OREGON DUII GUIDE||OREGON SEX CRIME GUIDE|
|"I defend people facing sodomy and other sex crime charges in the State of Oregon."|
OREGON SODOMY CRIMES
ORS 163.385 Sodomy in the third degree. [Known as Sodomy III or Sodomy 3 or Sod. III] (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. [1971 c.743 §112]
ORS 163.395 Sodomy in the second degree. Known as Sodomy II or Sodomy 2 or Sod. 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. [1971 c.743 §113; 1989 c.359 §3]
ORS 163.405 Sodomy in the first degree. [Known as Sodomy I or Sodomy 1 or Sod. 1] (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 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’s 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. [1971 c.743 §114; 1989 c.359 §4]
ORS 163.425 Sexual abuse in the second degree. (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, 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 (1)(a)(B);
(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 victim’s coach as defined in ORS 163.426.
(2) Sexual abuse in the second degree is a Class C felony. [1971 c.743 §116; 1983 c.564 §1; 1991 c.386 §14; 1991 c.830 §2; 2009 c.876 §2]
ORS 163.426 Crime category classification for sexual abuse in the second degree. (1) As used in this section, “coach” means a person who instructs or trains an individual or members of a team in a sport.
(2) The Oregon Criminal Justice Commission shall classify sexual abuse in the second degree as described in ORS 163.425 (1)(a) as a crime category 8 of the sentencing guidelines grid of the commission if:
(a) The victim is incapable of consent by reason of being under 18 years of age;
(b) The offender is 21 years of age or older; and
(c) At any time before the commission of the offense, the offender was the victim’s coach. [2009 c.876 §1]
Sodomy II and Sodomy I are Ballot Measure 11 offenses that come with significant prison sentences. Sodomy III is a felony but not a Measure 11 offense. Sodomy convictions almost always come with a sex offender registration requirement.
Deviate sexual intercourse means oral sex or anal sex.
These crimes parallel rape charges with the only difference being the sex act involved.
David N Lesh
Oregon Sodomy Defense
No cost initial consultation
434 NW 19th Avenue
Portland, OR 97209
TIP: Sex crime convictions including sodomy charges are not expungeable.
Sodomy II and Sodomy I are Measure 11 Offenses.
David Lesh Mini Biography
Oregon attorney since 1990;
Former sex crime prosecutor;
Former lawyer to the Portland Police Bureau;
Sought after criminal defense attorney.