OREGON SEXUAL ABUSE LAWS

WHAT IS SEXUAL ABUSE IN THE THIRD DEGREE IN OREGON? 

ORS 163.415 Sexual abuse in the third degree (Sex Abuse 3).

  (1) A person commits the crime of sexual abuse in the third degree if:

   (a) The person subjects another person to sexual contact and:

   (A) The victim does not consent to the sexual contact; or

   (B) The victim is incapable of consent by reason of being under 18 years of age; or

   (b) For the purpose of arousing or gratifying the sexual desire of the person or another person, the person intentionally propels any dangerous substance at a victim without the consent of the victim.

   (2) Sexual abuse in the third degree is a Class A misdemeanor.

   (3) As used in this section, “dangerous substance” means blood, urine, semen or feces. [1971 c.743 §115; 1979 c.489 §1; 1991 c.830 §1; 1995 c.657 §11; 1995 c.671 §9; 2009 c.616 §1]

WHAT IS SEXUAL ABUSE IN THE SECOND DEGREE IN OREGON? 

   ORS 163.425 Sexual abuse in the second degree (Sex Abuse 2).

  (1) A person commits the crime of sexual abuse in the second degree when:

      (a) The person subjects another person to sexual intercourse, oral or anal 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 or teacher, as those terms are 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; 2017 c.318 §6; 2021 c.403 §1]

      ORS 163.426 Crime category classification for sexual abuse in the second degree. 

  (1) As used in this section:

      (a) “Coach” means a person who instructs or trains an individual or members of a team in a sport.

      (b) “Teacher” means an employee of a school or school district who has direct responsibility for the instruction of students.

   (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 or teacher. [2009 c.876 §1; 2021 c.403 §2]

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      ORS 163.427 Sexual abuse in the first degree. 

  (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 incapacitated, physically helpless or incapable 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.

   (2) Sexual abuse in the first degree is a Class B felony. [1991 c.830 §3; 1995 c.657 §12; 1995 c.671 §10; 2021 c.82 §7]

     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]

These crimes generally requires registration as a  sex offender in Oregon.  Sex Abuse I and III involve touching while Sex Abuse II involves intercourse or oral sex.  Sex abuse in the first degree is a Ballot Measure 11 offense.