Chapter 163 — Offenses Against Persons
ORS 163.315 Incapacity to consent; effect of lack of resistance
A person is considered incapable of consenting to a sexual act if the person is:
Under 18 years of age;
Incapable of appraising the nature of the person’s conduct;
Mentally incapacitated; or
Physically helpless.
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.
A person is incapable of appraising the nature of the person’s conduct if:
The person is unable to understand the nature of the conduct;
The person is unable to understand the right to choose whether and how to engage in conduct, including the right to revoke a prior decision to engage in conduct; or
The person is unable to communicate a decision to engage in conduct.
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Provenance
2023 Oregon Revised Statutes
Official online edition
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- oregonlegislature.gov
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Version history
Prior statutory text is not available in the ingested published editions. Consult an earlier official ORS edition or the cited Oregon Laws chapter.
2025 Oregon Revised Statutes — official online source · active · operative text
Official source2023 Oregon Revised Statutes · active · operative text
Official source