OREGON UNLAWFUL SEXUAL PENETRATION LAWS

WHAT IS UNLAWFUL SEXUAL PENETRATION IN THE SECOND DEGREE IN OREGON? 

   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 and the victim is under 14 years of age.

      (2) Unlawful sexual penetration in the second degree is a Class B felony.

      (3) As used in this section, “object” includes any body part of the actor.

      (4) When multiple crimes are charged based on one penetrative act, the court may not enter separate convictions for each crime, and may enter only one conviction for the conduct. [1981 c.549 §2; 1989 c.359 §5; 1991 c.386 §1; 2023 c.407 §3]

WHAT IS UNLAWFUL SEXUAL PENETRATION IN THE FIRST DEGREE IN OREGON? 

   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 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.

      (3) As used in this section, “object” includes any body part of the actor.

      (4) When multiple crimes are charged based on one penetrative act, the court may not enter separate convictions for each crime, and may enter only one conviction for the conduct. [1981 c.549 §3; 1989 c.359 §6; 1991 c.386 §2; 2021 c.82 §6; 2023 c.407 §4]

   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 and is for a legitimate medical purpose; 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; 2023 c.200 §3a]