OREGON SEX CRIMES GUIDE | ||
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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 incapacitation, physical helplessness or incapability of appraising the nature of the victim’s conduct.
(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; 2021 c.82 §6] 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. |
About the Author: David Lesh is a Portland attorney emphasizing the defense of serious criminal charges. He has been a member of the Oregon State Bar since 1990. Mr. Lesh is a former Multnomah County prosecutor (5 years) and lawyer to the Portland Police Bureau (3 years). He was named an Oregon Super Lawyer in 2018, 2019, 2020, 2021, and 2022. His law practice has an A+ BBB rating. |
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