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no attempt to make a complete list of all or related statutes. There is no
guarantee of the completeness or accuracy of the information provided. Please Seek Professional Legal advice and visit the State’s official web
site and consult the Bound Volumes of the State’s Statutes for more
information.
VOLUME 4
163.275
Coercion.
(1) A person commits the crime of coercion when the
person compels or induces another person to engage in conduct from which the other
person has a legal right to abstain, or to abstain from engaging in conduct in
which the other person has a legal right to engage, by means of instilling in
the other person a fear that, if the other person refrains from the conduct
compelled or induced or engages in conduct contrary to the compulsion or
inducement, the actor or another will:
(a) Unlawfully cause physical injury to some person;
or
(b) Unlawfully cause damage to property; or
(c) Engage in conduct constituting a crime; or
(d) Falsely accuse some person of a crime or cause
criminal charges to be instituted against the person; or
(e) Cause or continue a strike, boycott or other
collective action injurious to some person’s business, except that such a
threat shall not be deemed coercive when the act or omission compelled is for
the benefit of the group in whose interest the actor purports to act; or
(f) Testify falsely or provide false information or
withhold testimony or information with respect to another’s legal claim or
defense; or
(g) Unlawfully use or abuse the person’s position as
a public servant by performing some act within or related to official duties,
or by failing or refusing to perform an official duty, in such manner as to
affect some person adversely.
(2) Coercion is a Class C felony. [1971 c.743 §102;
1983 c.546 §4; 1985 c.338 §1]
163.305
Definitions.
As used in chapter 743, Oregon Laws 1971, unless the context requires
otherwise:
(1) “Deviate sexual intercourse” means sexual
conduct between persons consisting of contact between the sex organs of one
person and the mouth or anus of another.
(2) “Forcible compulsion” means to compel by:
(a) Physical force; or
(b) A threat, express or implied, that places a
person in fear of immediate or future death or physical injury to self or
another person, or in fear that the person or another person will immediately
or in the future be kidnapped.
(3) “Mentally defective” means that a person suffers
from a mental disease or defect that renders the person incapable of appraising
the nature of the conduct of the person.
(4) “Mentally incapacitated” means that a person is rendered incapable of appraising or controlling the conduct of the person at the time of the alleged offense because of the influence of a controlled or other intoxicating substance administered to the person without the consent of the person or because of any other act committed upon the person without the consent of the person.
(5) “Physically helpless” means that a person is unconscious or for any other reason is physically unable to communicate unwillingness to an act.
(6) “Sexual contact” means any touching of the sexual or other intimate parts of a person or causing such person to touch the sexual or other intimate parts of the actor for the purpose of arousing or gratifying the sexual desire of either party.
(7) “Sexual intercourse” has its ordinary meaning
and occurs upon any penetration, however slight; emission is not required.
163.315
Incapacity to consent; effect of lack of resistance.
(1) A person is considered incapable of consenting
to a sexual act if the person is:
(a) Under 18 years of age;
(b) Mentally defective;
(c) Mentally incapacitated; or
(d) Physically helpless.
(2) A lack of verbal or physical resistance does
not, by itself, constitute consent but may be considered by the trier of fact
along with all other relevant evidence.
163.345 Age as
a defense in certain cases.
(1) In any prosecution under ORS 163.355, 163.365,
163.385, 163.395, 163.415, 163.425, 163.427 or 163.435 in which the victim’s
lack of consent was due solely to incapacity to consent by reason of being less
than a specified age, it is a defense that the actor was less than three years
older than the victim at the time of the alleged offense.
(2) In any prosecution under ORS 163.408, when the object used to commit the unlawful sexual penetration was the hand or any part thereof of the actor and in which the victim’s lack of consent was due solely to incapacity to consent by reason of being less than a specified age, it is a defense that the actor was less than three years older than the victim at the time of the alleged offense.
(3) In any prosecution under ORS 163.445 in which
the victim’s lack of consent was due solely to incapacity to consent by reason
of being less than a specified age, it is a defense that the actor was less
than three years older than the victim at the time of the alleged offense if
the victim was at least 15 years of age at the time of the alleged offense.
163.355 Rape
in the third degree.
(1) A person commits the crime of rape in the third
degree if the person has sexual intercourse with another person under 16 years
of age.
(2) Rape in the third degree is a Class C felony.
163.365 Rape
in the second degree.
(1) A person who has sexual intercourse with another
person commits the crime of rape in the second degree if the other person is
under 14 years of age.
(2) Rape in the second degree is a Class B felony.
163.375 Rape
in the first degree.
(1) A person who has sexual intercourse with another
person commits the crime of rape in the first degree if:
(a) The victim is subjected to forcible compulsion
by the person;
(b) The victim is under 12 years of age;
(c) The victim is under 16 years of age and is the
person’s sibling, of the whole or half blood, the person’s child or the
person’s spouse’s child; or
(d) The victim is incapable of consent by reason of
mental defect, mental incapacitation or physical helplessness.
(2) Rape in the first degree is a Class A felony.
163.385 Sodomy
in the third degree.
(1) A person commits the crime of sodomy in the
third degree if the person engages in deviate sexual intercourse with another
person under 16 years of age or causes that person to engage in deviate sexual
intercourse.
(2) Sodomy in the third degree is a Class C felony.
[1971 c.743 §112]
163.395 Sodomy
in the second degree.
(1) A person who engages in deviate sexual
intercourse with another person or causes another to engage in deviate 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]
163.405 Sodomy
in the first degree.
(1) A person who engages in deviate sexual
intercourse with another person or causes another to engage in deviate 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 defect, mental incapacitation or physical helplessness.
(2) Sodomy in the first degree is a Class A felony.
[1971 c.743 §114; 1989 c.359 §4]
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.
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 defect, mental incapacitation or physical helplessness.
(2) Unlawful sexual penetration in the first degree
is a Class A felony.
163.415 Sexual
abuse in the third degree.
(1) A person commits the crime of sexual abuse in
the third degree if 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.
(2) Sexual abuse in the third degree is a Class A
misdemeanor.
163.425 Sexual
abuse in the second degree.
(1) A person commits the crime of sexual abuse in
the second degree when that person subjects another person to sexual
intercourse, deviate 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.
(2) Sexual abuse in the second degree is a Class C
felony.
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 defective, mentally incapacitated or physically helpless; 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.
Note: 163.427 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 163 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
163.435
Contributing to the sexual delinquency of a minor.
(1) 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.
(2) Contributing to the sexual delinquency of a
minor is a Class A misdemeanor.
163.445 Sexual
misconduct.
(1) 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.
(2) Sexual misconduct is a Class C misdemeanor.
163.467
Private indecency.
(1)
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.
(2)
Private indecency is a Class A misdemeanor.
(3)
Subsection (1) of this section does not apply to a person who commits the act
described in subsection (1) of this section if the person cohabits with and is
involved in a sexually intimate relationship with the other person.
(4)
For purposes of this section, “place where another person has a reasonable
expectation of privacy” includes, but is not limited to, residences, yards of
residences, working areas and offices.
163.476
Unlawfully being in a location where children regularly congregate.
(1) A person commits the crime of unlawfully being in a location
where children regularly congregate if the person:
(a)(A) Has been designated a sexually violent
dangerous offender under ORS 137.765;
(B) Has been designated a predatory sex offender
under ORS 181.585 and does not have written approval from the State Board of
Parole and Post-Prison Supervision or the person’s supervisory authority or
supervising officer to be in or upon the specific premises;
(C) Has been sentenced as a dangerous offender under
ORS 161.725 upon conviction of a sex crime; or
(D) Has been given a similar designation or been
sentenced under a similar law of another jurisdiction; and
(b) Knowingly enters or remains in or upon premises
where persons under 18 years of age regularly congregate.
(2) As used in this section:
(a) “Premises where persons under 18 years of age regularly congregate” means schools, child care centers, playgrounds, other places intended for use primarily by persons under 18 years of age and places where persons under 18 years of age gather for regularly scheduled educational and recreational programs.
(b) “Sex crime” has the meaning given that term in
ORS 181.594.
(3) Unlawfully being in a location where children
regularly congregate is a Class A misdemeanor.
163.479
Unlawful contact with a child.
(1) A person commits the crime of unlawful contact
with a child if the person:
(a)(A) Has been designated a sexually violent
dangerous offender under ORS 137.765;
(B) Has been designated a predatory sex offender
under ORS 181.585;
(C) Has been sentenced as a dangerous offender under
ORS 161.725 upon conviction of a sex crime; or
(D) Has been given a similar designation or been
sentenced under a similar law of another jurisdiction; and
(b) Knowingly contacts a child with the intent to commit a crime or for the purpose of arousing or satisfying the sexual desires of the person or another person.
(2) As used in this section:
(a) “Child” means a person under 18 years of age.
(b) “Contact” means to communicate in any manner.
(c) “Sex crime” has the meaning given that term in
ORS 181.594.
(3) Unlawful contact with a child is a Class C
felony.
163.525
Incest.
(1) A person
commits the crime of incest if the person marries or engages in sexual
intercourse or deviate sexual intercourse with a person whom the person knows
to be related to the person, either legitimately or illegitimately, as an
ancestor, descendant or brother or sister of either the whole or half blood.
(2) Incest is a Class C felony. [1971 c.743 §172]
163.684
Encouraging child sexual abuse in the first degree.
(1) 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.
(2) Encouraging child sexual abuse in the first
degree is a Class B felony.
163.686
Encouraging child sexual abuse in the second degree.
(1) 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.
(2) Encouraging child sexual abuse in the second
degree is a Class C felony. [1995 c.768 §3]
163.687
Encouraging child sexual abuse in the third degree.
(1) 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.
(2) Encouraging child sexual abuse in the third
degree is a Class A misdemeanor.
TITLE 14
PROCEDURE IN CRIMINAL MATTERS GENERALLY
131.105
Timeliness of criminal actions.
A criminal action must be commenced within the period of limitation prescribed in ORS 131.125 to 131.155. [1973 c.836 §5]
131.125 Time
limitations.
(1) A prosecution for aggravated murder, murder,
attempted murder or aggravated murder, conspiracy or solicitation to commit
aggravated murder or murder or any degree of manslaughter may be commenced at
any time after the commission of the attempt, conspiracy or solicitation to
commit aggravated murder or murder, or the death of the person killed.
(2) A prosecution for any of the following felonies
may be commenced within six years after the commission of the crime or, if the
victim at the time of the crime was under 18 years of age, anytime before the
victim attains 30 years of age or within 12 years after the offense is reported
to a law enforcement agency or the Department of Human Services, whichever
occurs first:
(a) Criminal mistreatment in the first degree under
ORS 163.205.
(b) Rape in the third degree under ORS 163.355.
(c) Rape in the second degree under ORS 163.365.
(d) Rape in the first degree under ORS 163.375.
(e) Sodomy in the third degree under ORS 163.385.
(f) Sodomy in the second degree under ORS 163.395.
(g) Sodomy in the first degree under ORS 163.405.
(h) Unlawful sexual penetration in the second degree
under ORS 163.408.
(i) Unlawful sexual penetration in the first degree
under ORS 163.411.
(j) Sexual abuse in the second degree under ORS
163.425.
(k) Sexual abuse in the first degree under ORS 163.427.
(L) Using a child in a display of sexual conduct
under ORS 163.670.
(m) Encouraging child sexual abuse in the first
degree under ORS 163.684.
(n) Incest under ORS 163.525.
(o) Promoting prostitution under ORS 167.012.
(p) Compelling prostitution under ORS 167.017.
(3) A prosecution for any of the following
misdemeanors may be commenced within four years after the commission of the
crime or, if the victim at the time of the crime was under 18 years of age,
anytime before the victim attains 22 years of age or within four years after
the offense is reported to a law enforcement agency or the Department of Human
Services, whichever occurs first:
(a) Sexual abuse in the third degree under ORS
163.415.
(b) Furnishing obscene materials to minors under ORS
167.065.
(c) Sending obscene materials to minors under ORS
167.070.
(d) Exhibiting an obscene performance to a minor
under ORS 167.075.
(e) Displaying obscene materials to minors under ORS
167.080.
(4) In the case of crimes described in subsection
(2)(L) of this section, the “victim” is the child engaged in sexual conduct. In
the case of the crime described in subsection (2)(n) of this section, the
“victim” is the party to the incest other than the party being prosecuted. In
the case of crimes described in subsection (2)(o) and (p) of this section, the
“victim” is the child whose acts of prostitution are promoted or compelled.
(5) A prosecution for arson in any degree may be
commenced within six years after the commission of the crime.
(6) Except as provided in subsection (7) of this
section or as otherwise expressly provided by law, prosecutions for other
offenses must be commenced within the following periods of limitations after
their commission:
(a) For any other felony, three years.
(b) For any misdemeanor, two years.
(c) For a violation, six months.
(7) If the period prescribed in subsection (6) of this
section has expired, a prosecution nevertheless may be commenced as follows:
(a) If the offense has as a material element either
fraud or the breach of a fiduciary obligation, prosecution may be commenced
within one year after discovery of the offense by an aggrieved party or by a
person who has a legal duty to represent an aggrieved party and who is not a
party to the offense, but in no case shall the period of limitation otherwise
applicable be extended by more than three years;
(b) If the offense is based upon misconduct in
office by a public officer or employee, prosecution may be commenced at any
time while the defendant is in public office or employment or within two years
thereafter, but in no case shall the period of limitation otherwise applicable
be extended by more than three years; or
(c) If the offense is an invasion of personal
privacy under ORS 163.700, prosecution may be commenced within one year after
discovery of the offense by the person aggrieved by the offense, by a person
who has a legal duty to represent the person aggrieved by the offense or by a
law enforcement agency, but in no case shall the period of limitation otherwise
applicable be extended by more than three years.
(8) Notwithstanding subsection (2) of this section,
a prosecution for rape in the first or second degree or sodomy in the first or
second degree may be commenced within 12 years after the commission of the
crime if the defendant is identified after the period described in subsection
(2) of this section on the basis of DNA (deoxyribonucleic acid) sample
comparisons. [1973 c.836 §6; 1989 c.831 §1; 1991 c.386 §5; 1991 c.388 §1; 1991
c.830 §5; 1995 c.768 §8; 1997 c.427 §1; 1997 c.697 §3; 1997 c.850 §5; 2001
c.375 §1; 2005 c.252 §1; 2005 c.839 §1]
131.145 When
time starts to run; tolling of statute.
(1) For the purposes of ORS 131.125, time starts to
run on the day after the offense is committed.
(2) Except as provided in ORS 131.155, the period of
limitation does not run during:
(a) Any time when the accused is not an inhabitant
of or usually resident within this state; or
(b) Any time when the accused hides within the state so as to prevent process being served upon the accused.
(3) If, when the offense is committed, the accused
is out of the state, the action may be commenced within the time provided in
ORS 131.125 after the coming of the accused into the state. [1973 c.836 §8;
1987 c.158 §19]
131.155
Tolling of statute; three-year maximum.
Notwithstanding ORS 131.145, in no
case shall the period of limitation otherwise applicable be extended by more
than three years. [1973 c.836 §9]
My
email address true_perspective@yahoo.com
Revised
02/07