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|THE OREGON CRIMINAL LAW GUIDE|
|MAIN PAGE||OREGON SEX DEFENSE LAWYER||OREGON SEX CRIME DEFINITIONS||OREGON SEX CRIME GUIDE|
|"I defend people facing sex crime charges in the State of Oregon."|
OREGON UNLAWFUL SEXUAL PENETRATION LAWS
ORS 163.408 Unlawful sexual penetration in the second degree. (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 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. [1981 c.549 §2; 1989 c.359 §5; 1991 c.386 §1]
ORS 163.411 Unlawful sexual penetration in the first degree. (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 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. [1981 c.549 §3;
1989 c.359 §6; 1991 c.386 §2]
ORS 163.412 Exceptions to unlawful sexual penetration prohibition. 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; 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 crime. [1981 c.549 §4; 2005 c.488 §5]
Both of the above charges are Ballot Measure 11 charges with lengthy mandatory minimum sentences if convicted. If convicted, Oregon law requires sex offender registration.
David N Lesh
Oregon Defense Lawyer
No cost initial consultation
434 NW 19th Avenue
Portland, OR 97209
TIP: These Measure 11 sex crimes are not expungeable.
David Lesh Mini Biography
Oregon attorney since 1990;
Former prosecutor (5 years);
Former lawyer to the Portland Police Bureau (3+ years);
Sought after criminal defense attorney (11+ years).