GUIDE TO OREGON SEX CRIMES

(A) The victim is less than 14 years of age; or

(B) The victim is subjected to forcible compulsion by the actor; or

(C) The victim is incapable of consent by reason of being mental incapacitation, physical helplessness or incapability of appraising the nature of the victim’s conduct.; 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.

Sexual abuse in the first degree is a Class B felony and a Ballot Measure 11 Offense.  Sentence often results in a significant prison sentence.

ORS 163.429 Sexual abuse by fraudulent representation. (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 purpose.

      (2) Sexual abuse by fraudulent representation is a Class B felony.

      (3) The Oregon Criminal Justice Commission shall classify sexual abuse by fraudulent representation as a crime category 8 of the sentencing guidelines grid of the commission.

      (4) As used in this section:

      (a) “Licensee” has the meaning given that term in ORS 676.150.

      (b) “Sexual contact” has the meaning given that term in ORS 163.305. [2023 c.200 §1]

ORS 163.432 Online sexual corruption of a child in the second degree.  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 solicit a child to engage in sexual contact or sexually explicit conduct; and

(b) Offers or agrees to physically meet with the child.

Online sexual corruption of a child in the second degree is a Class C felony.

ORS 163.433 Online sexual corruption of a child in the first degree.  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.  Class B Felony.  

ORS 163.435 Contributing to the sexual delinquency of a minor.  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 years of age; or

(c) The person engages in deviate sexual intercourse with another person under 18 years of age or causes that person to engage in deviate sexual intercourse.

Contributing to the sexual delinquency of a minor is a Class A misdemeanor.

ORS 163.445 Sexual misconduct.  A person commits the crime of sexual misconduct if the person engages in sexual intercourse or deviate sexual intercourse with an unmarried person under 18 years of age.  Class C Misdemeanor.

ORS 163.452 Custodial sexual misconduct in the first degree.  A person commits the crime of custodial sexual misconduct in the first degree if the person:

(a) Engages in sexual intercourse or deviate sexual intercourse with another person or penetrates the vagina, anus or penis of another person with any object other than the penis or mouth of the actor knowing that the other person is:

(A) In the custody of a law enforcement agency following arrest;

(B) Confined or detained in a correctional facility;

(C) Participating in an inmate or offender work crew or work release program; or

(D) On probation, parole, post-prison supervision or other form of conditional or supervised release; and

(b) Is employed by or under contract with the state or local agency that:

(A) Employs the officer who arrested the other person;

(B) Operates the correctional facility in which the other person is confined or detained;

(C) Is responsible for supervising the other person in a work crew or work release program or on probation, parole, post-prison supervision or other form of conditional or supervised release; or

(D) Engages the other person in work or on-the-job training pursuant to ORS 421.354 (1).

Consent of the other person to sexual intercourse, deviate sexual intercourse or the sexual penetration is not a defense to a prosecution under this section.  Custodial sexual misconduct in the first degree is a Class C felony.

ORS 163.454 Custodial sexual misconduct in the second degree.  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 correctional facility;

(C) Participating in an inmate or offender work crew or work release program; or

(D) On probation, parole, post-prison supervision or other form of conditional or supervised release; and

(b) Is employed by or under contract with the state or local agency that:

(A) Employs the officer who arrested the other person;

(B) Operates the correctional facility in which the other person is confined or detained;

(C) Is responsible for supervising the other person in a work crew or work release program or on probation, parole, post-prison supervision or other form of conditional or supervised release; or

(D) Engages the other person in work or on-the-job training pursuant to ORS 421.354 (1).

Consent of the other person to sexual contact is not a defense to a prosecution under this section.  Custodial sexual misconduct in the second degree is a Class A misdemeanor.

ORS 163.465 Public indecency.  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; or

(b) An act of oral or anal sexual intercourse; or

(c) An act of exposing the genitals of the person with the intent of arousing the sexual desire of the person or another person.

Public indecency is a Class A misdemeanor.  However, public indecency becomes a Class C felony if the person has a prior conviction for public indecency or a crime described in ORS 163.355 to ORS 163.445 or for a crime in another jurisdiction that, if committed in this state, would constitute public indecency or a crime described in ORS 163.355 to ORS 163.445.  

ORS 163.467 Private indecency.  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) The person is in view of the other person;

(c) The exposure reasonably would be expected to alarm or annoy the other person; and

(d) The person knows that the other person did not consent to the exposure.

Private indecency is a Class A misdemeanor.

ORS 163.684 Encouraging child sexual abuse in the first degree.  A person commits the crime of encouraging child sexual abuse in the first degree if the person:

(a)(A) Knowingly develops, duplicates, publishes, prints, disseminates, exchanges, displays, finances, attempts to finance or sells any photograph, motion picture, videotape or other visual recording of sexually explicit conduct involving a child or possesses such matter with the intent to develop, duplicate, publish, print, disseminate, exchange, display or sell it; or

(B) Knowingly brings into this state, or causes to be brought or sent into this state, for sale or distribution, any photograph, motion picture, videotape or other visual recording of sexually explicit conduct involving a child; and

(b) Knows or is aware of and consciously disregards the fact that creation of the visual recording of sexually explicit conduct involved child abuse.

Encouraging child sexual abuse in the first degree is a Class B felony. This offense and encouraging child sex abuse in the second degree (below) are most often seen when a person accesses / downloads child porn on the internet.  Sentences range from probation with local jail to prison terms.

ORS 163.686 Encouraging child sexual abuse in the second degree.   A person commits the crime of encouraging child sexual abuse in the second degree if the person:

(a)(A)(i) Knowingly possesses or controls any photograph, motion picture, videotape or other visual recording of sexually explicit conduct involving a child for the purpose of arousing or satisfying the sexual desires of the person or another person; or

(ii) Knowingly pays, exchanges or gives anything of value to obtain or view a photograph, motion picture, videotape or other visual recording of sexually explicit conduct involving a child for the purpose of arousing or satisfying the sexual desires of the person or another person; and

(B) Knows or is aware of and consciously disregards the fact that creation of the visual recording of sexually explicit conduct involved child abuse; or

(b)(A) Knowingly pays, exchanges or gives anything of value to observe sexually explicit conduct by a child or knowingly observes, for the purpose of arousing or gratifying the sexual desire of the person, sexually explicit conduct by a child; and

(B) Knows or is aware of and consciously disregards the fact that the conduct constitutes child abuse.

Encouraging child sexual abuse in the second degree is a Class C felony.

ORS 163.687 Encouraging child sexual abuse in the third degree.  A person commits the crime of encouraging child sexual abuse in the third degree if the person:

(a)(A)(i) Knowingly possesses or controls any photograph, motion picture, videotape or other visual recording of sexually explicit conduct involving a child for the purpose of arousing or satisfying the sexual desires of the person or another person; or

(ii) Knowingly pays, exchanges or gives anything of value to obtain or view a photograph, motion picture, videotape or other visual recording of sexually explicit conduct involving a child for the purpose of arousing or satisfying the sexual desires of the person or another person; and

(B) Knows or fails to be aware of a substantial and unjustifiable risk that the creation of the visual recording of sexually explicit conduct involved child abuse; or

(b)(A) Knowingly pays, exchanges or gives anything of value to observe sexually explicit conduct by a child or knowingly observes, for the purpose of arousing or gratifying the sexual desire of the person, sexually explicit conduct by a child; and

(B) Knows or fails to be aware of a substantial and unjustifiable risk that the conduct constitutes child abuse.

Encouraging child sexual abuse in the third degree is a Class A misdemeanor.

ORS 163.688 Possession of materials depicting sexually explicit conduct of a child in the first degree.  A person commits the crime of possession of materials depicting sexually explicit conduct of a child in the first degree if the person:

(a) Knowingly possesses any visual depiction of sexually explicit conduct involving a child or any visual depiction of sexually explicit conduct that appears to involve a child; and

(b) Uses the visual depiction to induce a child to participate or engage in sexually explicit conduct.

Possession of materials depicting sexually explicit conduct of a child in the first degree is a Class B felony.

ORS 163.689 Possession of materials depicting sexually explicit conduct of a child in the second degree.  A person commits the crime of possession of materials depicting sexually explicit conduct of a child in the second degree if the person:

(a) Knowingly possesses any visual depiction of sexually explicit conduct involving a child or any visual depiction of sexually explicit conduct that appears to involve a child; and

(b) Intends to use the visual depiction to induce a child to participate or engage in sexually explicit conduct.

Possession of materials depicting sexually explicit conduct of a child in the second degree is a Class C felony.

ORS 163.693 Failure to report child pornography.  A person commits the crime of failure to report child pornography if the person, in the course of processing or producing a photograph, motion picture, videotape or other visual recording, either commercially or privately, has reasonable cause to believe that the visual recording being processed or produced, or submitted for processing or production, depicts sexually explicit conduct involving a child and fails to report that fact to the appropriate law enforcement agency.  Class a Misdemeanor.