OREGON SODOMY LAWS

WHAT IS SODOMY IN THE THIRD DEGREE (SODOMY 3) IN OREGON? 

   ORS 163.385 Sodomy in the third degree. [Known as Sodomy III or Sodomy 3 or Sod. 3.  In some states this is known as statutory sodomy.]

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

   (2) Sodomy in the third degree is a Class C felony. [1971 c.743 §112; 2017 c.318 §3]

WHAT IS SODOMY IN THE SECOND DEGREE (SODOMY 2) IN OREGON? 

   ORS 163.395 Sodomy in the second degree. Known as Sodomy II or Sodomy 2 or Sod. 2.  In some states this is known as statutory sodomy.]

  (1) A person who engages in oral or anal sexual intercourse with another person or causes another to engage in oral or anal 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; 2017 c.318 §4]

WHAT IS SODOMY IN THE FIRST DEGREE (SODOMY 1) IN OREGON? 

   ORS 163.405 Sodomy in the first degree. [Known as Sodomy I or Sodomy 1 or Sod. 1]

  (1) A person who engages in oral or anal sexual intercourse with another person or causes another to engage in oral or anal 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 incapacitation, physical helplessness, or incapability of appraising the nature of the victim's conduct.

   (2) Sodomy in the first degree is a Class A felony. [1971 c.743 §114; 1989 c.359 §4; 2017 c.318 §5; 2021 c.82 §5]

Sodomy 2 and Sodomy 1 are Ballot Measure 11 offenses that come with significant prison sentences.  Sodomy 3 is a felony but not a Measure 11 offense.  Sodomy convictions almost always come with a sex offender registration requirement.

These crimes parallel rape charges with the only difference being the sex act involved.