The following information was taken directly from the Oregon state legislation website at http://www.leg.state.or.us/ors/163.html

SEXUAL OFFENSES

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. [1971 c.743 §104; 1975 c.461 §1; 1977 c.844 §1; 1979 c.744 §7; 1983 c.500 §1; 1999 c.949 §1]

Note: Legislative Counsel has substituted “chapter 743, Oregon Laws 1971,” for the words “this Act” in section 104, chapter 743, Oregon Laws 1971, compiled as 163.305. Specific ORS references have not been substituted, pursuant to 173.160. These sections may be determined by referring to the 1971 Comparative Section Table located in Volume 18 of ORS.

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. [1971 c.743 §105; 1999 c.949 §2; 2001 c.104 §52]

163.325 Ignorance or mistake as a defense.
(1) In any prosecution under ORS 163.355 to 163.445 in which the criminality of conduct depends on a child’s being under
the age of 16, it is no defense that the defendant did not know the child’s age or that the defendant reasonably believed the child to be older than the age of 16.

(2)When criminality depends on the child’s being under a specified age other than 16, it is an affirmative defense for the defendant to prove that the defendant reasonably believed the child to be above the specified age at the time of the
alleged offense.

(3) In any prosecution under ORS 163.355 to 163.445 in which the victim’s lack of consent is based solely upon the incapacity of the victim to consent because the victim is mentally defective, mentally incapacitated or physically
helpless, it is an affirmative defense for the defendant to prove that at the time of the alleged offense the defendant did not know of the facts or conditions responsible for the victim’s incapacity to consent. [1971 c.743 §106]

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. [1971 c.743 §108; 1991 c.386 §3; 1991 c.830 §4; 1999 c.626 §24; amendments by 1999 c.626 §45 repealed by 2001 c.884 §1]

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. [1971 c.743 §109; 1991 c.628 §1]

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. [1971 c.743 §110; 1989 c.359 §1; 1991 c.628 §2]

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. [1971 c.743 §111; 1989 c.359 §2; 1991 c.628 §3]

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. [1981 c.549 §2; 1989 c.359 §5; 1991 c.386 §1]

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. [1981 c.549 §3; 1989 c.359 §6; 1991 c.386 §2]

163.412 Exceptions to unlawful sexual penetration prohibition. Nothing in ORS 163.408 or 163.411 prohibits a penetration described in either of 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]

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. [1971 c.743 §115; 1979 c.489 §1; 1991 c.830 §1; 1995 c.657 §11; 1995 c.671 §9]

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. [1971 c.743 §116; 1983 c.564 §1; 1991 c.386 §14; 1991 c.830 §2]

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 orgratifying the sexual desire of a person.

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

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. [1971 c.743 §117]

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. [1971 c.743 §118]

163.688 Possession of materials depicting sexually explicit conduct of a child in the first degree.

(1) A person commits the crime of possession of materials depicting sexually explicit conduct of a child in the first degree if the person:

(a)Knowingly possesses any visual depiction of sexually explicit conduct involving a child or any visual depiction of sexually explicit conduct that appears to involve a child; and

(b)Uses the visual depiction to induce a child to participate or engage in sexually explicit conduct.

(2)Possession of materials depicting sexually explicit conduct of a child in the first degree is a Class B felony. [1997 c.719 §3]

163.689 Possession of materials depicting sexually explicit conduct of a child in the second degree.

(1) A person commits the crime of possession of materials depicting sexually explicit conduct of a child in the second
degree if the person:

(a)Knowingly possesses any visual depiction of sexually explicit conduct involving a child or any visual depiction of sexually explicit conduct that appears to involve a child; and

(b)Intends to use the visual depiction to induce a child to participate or engage in sexually explicit conduct.

(2)Possession of materials depicting sexually explicit conduct of a child in the second degree is a Class C felony. [1997 c.719 §4]

163.690 Lack of knowledge of age of child as affirmative defense.
It is an affirmative defense to any prosecution under ORS 163.684, 163.686, 163.687 or 163.693 that the defendant, at the time of engaging in the conduct prohibited therein, did not know and did not have reason to know that the relevant sexually explicit conduct involved a child. [1985 c.557 §7; 1987 c.864 §13; 1991 c.664 §9; 1995 c.768 §6]