Oregon Law
Law as of Jan 1, 2024
Chapter contents
163.005Criminal homicide 163.010[Amended by 1963 c.625 §4; repealed by 1971 c.743 §432] 163.020[Amended by 1963 c.625; §5; repealed by 1971 c.743 §432] 163.030[Repealed by 1963 c.431 §1] 163.040[Repealed by 1971 c.743 §432] 163.050[Repealed by 1971 c.743 §432] 163.060[Repealed by 1969 c.684 §17] 163.070[Repealed by 1971 c.743 §432] 163.080[Repealed by 1971 c.743 §432] 163.090[Amended by 1953 c.676 §2; repealed by 1957 c.396 §1 (163.091 enacted in lieu of 163.090)] 163.091[1957 c.396 §2 (enacted in lieu of 163.090); repealed by 1971 c.743 §432] 163.095“Aggravated murder” defined 163.098[2014 c.73 §5; 2019 c.635 §17; renumbered 163.109 in 2019] 163.100[Amended by 1967 c.372 §12; repealed by 1971 c.743 §432] 163.103[1981 c.873 §3; 2019 c.635 §18; renumbered 163.111 in 2019] 163.105Sentencing options for aggravated murder 163.107Murder in the first degree; sentence of life imprisonment required; minimum term 163.109Alternative proof of certain victims of murder in the first degree 163.110[Repealed by 1971 c.743 §432] 163.111Pleading, proof and stipulation regarding previous conviction element in prosecution for murder in the first degree 163.115Murder in the second degree; affirmative defense to certain felony murders; sentence of life imprisonment required; minimum term 163.116[1979 c.2 §3; repealed by 1981 c.873 §9] 163.117Causing or aiding suicide as defense to charge of murder 163.118Manslaughter in the first degree 163.120[Repealed by 1971 c.743 §432] 163.125Manslaughter in the second degree 163.130[Repealed by 1971 c.743 §432] 163.135Extreme emotional disturbance as affirmative defense to murder in the second degree; notice of expert testimony; right of state to psychiatric or psychological examination 163.140[Repealed by 1971 c.743 §432] 163.145Criminally negligent homicide 163.147Crime category classification for manslaughter in the second degree and criminally negligent homicide 163.149Aggravated vehicular homicide 163.150Sentencing for aggravated murder; proceedings; issues for jury 163.155Sentencing for murder of pregnant victim; proceeding; issues for jury 163.160Assault in the fourth degree 163.165Assault in the third degree 163.168Crime category classification for assault in the third degree 163.175Assault in the second degree 163.185Assault in the first degree 163.187Strangulation 163.190Menacing 163.191Intimidation by display of a noose 163.192Endangering a person protected by a Family Abuse Prevention Act restraining order 163.193Assisting another person to commit suicide 163.195Recklessly endangering another person 163.196Aggravated driving while suspended or revoked 163.197Hazing 163.200Criminal mistreatment in the second degree 163.205Criminal mistreatment in the first degree 163.206Exceptions to criminal mistreatment 163.207Female genital mutilation 163.208Assaulting a public safety officer 163.210[Repealed by 1971 c.743 §432] 163.211Definitions for ORS 163.211 to 163.213 163.212Unlawful use of an electrical stun gun, tear gas or mace in the second degree 163.213Unlawful use of an electrical stun gun, tear gas or mace in the first degree 163.215Definitions for ORS 163.215 to 163.257 163.220[Repealed by 1971 c.743 §432] 163.225Kidnapping in the second degree 163.230[Repealed by 1971 c.743 §432] 163.235Kidnapping in the first degree 163.240[Repealed by 1971 c.743 §432] 163.245Custodial interference in the second degree 163.250[Repealed by 1971 c.743 §432] 163.255[1955 c.530 §1; repealed by 1971 c.743 §432] 163.257Custodial interference in the first degree 163.260[Amended by 1955 c.366 §1; repealed by 1971 c.743 §432] 163.261Definitions for ORS 163.261, 163.263 and 163.264 163.263Subjecting another person to involuntary servitude in the second degree 163.264Subjecting another person to involuntary servitude in the first degree 163.266Trafficking in persons 163.269Defenses for victims of involuntary servitude and trafficking in persons 163.270[Amended by 1955 c.371 §1; 1957 c.640 §1; repealed by 1971 c.743 §432] 163.275Coercion 163.280[Amended by 1957 c.640 §2; repealed by 1971 c.743 §432] 163.285Defense to coercion 163.290[Repealed by 1971 c.743 §432] 163.300[Repealed by 1971 c.743 §432] 163.305Definitions 163.310[Renumbered 166.180] 163.315Incapacity to consent; effect of lack of resistance 163.320[Renumbered 166.190] 163.325Ignorance or mistake as a defense 163.330[Repealed by 1971 c.743 §432] 163.335[1971 c.743 §107; repealed by 1977 c.844 §2] 163.340[Repealed by 1971 c.743 §432] 163.345Age as a defense in certain cases 163.355Rape in the third degree 163.365Rape in the second degree 163.375Rape in the first degree 163.385Sodomy in the third degree 163.395Sodomy in the second degree 163.405Sodomy in the first degree 163.408Unlawful sexual penetration in the second degree 163.410[Repealed by 1971 c.743 §432] 163.411Unlawful sexual penetration in the first degree 163.412Exceptions to unlawful sexual penetration prohibition 163.413Purchasing sex with a minor 163.415Sexual abuse in the third degree 163.420[Repealed by 1971 c.743 §432] 163.425Sexual abuse in the second degree 163.426Crime category classification for sexual abuse in the second degree 163.427Sexual abuse in the first degree 163.429Sexual abuse by fraudulent representation 163.430[Amended by 1967 c.359 §683; repealed by 1971 c.743 §432] 163.431Definitions for ORS 163.431 to 163.434 163.432Online sexual corruption of a child in the second degree 163.433Online sexual corruption of a child in the first degree 163.434Provisions applicable to online sexual corruption of a child 163.435Contributing to the sexual delinquency of a minor 163.440[Repealed by 1971 c.743 §432] 163.445Sexual misconduct 163.448Definitions for ORS 163.452 and 163.454 163.450[Repealed by 1971 c.743 §432] 163.452Custodial sexual misconduct in the first degree 163.454Custodial sexual misconduct in the second degree 163.455[1971 c.743 §119; repealed by 1983 c.546 §1] 163.460[Repealed by 1971 c.743 §432] 163.465Public indecency 163.466Classification of felony public indecency 163.467Private indecency 163.470[Repealed by 1971 c.743 §432] 163.472Unlawful dissemination of an intimate image 163.475[1975 c.176 §2; 1977 c.822 §1; repealed by 1981 c.892 §98] 163.476Unlawfully being in a location where children regularly congregate 163.477[1979 c.706 §3; repealed by 1985 c.557 §10] 163.479Unlawful contact with a child 163.480[Amended by 1963 c.406 §1; repealed by 1971 c.743 §432] 163.483[1979 c.706 §2; 1983 c.740 §30; repealed by 1985 c.557 §10] 163.485[1979 c.706 §4; repealed by 1985 c.557 §10] 163.490[Repealed by 1971 c.743 §432] 163.495[1979 c.706 §5; 1987 c.158 §25; 1987 c.864 §14; renumbered 163.676 in 1987] 163.500[Repealed by 1971 c.743 §432] 163.505Definitions for certain provisions of ORS 163.505 to 163.575 163.515Bigamy 163.525Incest 163.535Abandonment of a child 163.537Buying or selling a person under 18 years of age 163.545Child neglect in the second degree 163.547Child neglect in the first degree 163.555Criminal nonsupport 163.565Evidence of parentage; confidentiality between spouses not applicable; spouses competent and compellable witnesses 163.575Endangering the welfare of a minor 163.577Failing to supervise a child 163.580Display of sign concerning sale of smoking devices 163.605[1971 c.743 §287; repealed by 1985 c.366 §1] 163.610[Repealed by 1971 c.743 §432] 163.620[Repealed by 1971 c.743 §432] 163.630[Repealed by 1971 c.743 §432] 163.635[1955 c.308 §1; repealed by 1971 c.743 §432] 163.640[Repealed by 1971 c.743 §432] 163.650[Repealed by 1971 c.743 §432] 163.660[Repealed by 1971 c.743 §432] 163.665Definitions 163.670Using child in display of sexually explicit conduct 163.672[1991 c.664 §2; repealed by 1995 c.768 §16] 163.673[1987 c.864 §4; 1991 c.664 §6; repealed by 1995 c.768 §16] 163.675[1985 c.557 §4; repealed by 1987 c.864 §15] 163.676Exemption from prosecution under ORS 163.684 163.677[1987 c.864 §5; 1991 c.664 §7; repealed by 1995 c.768 §16] 163.680[1985 c.557 §5; 1987 c.158 §26; 1987 c.864 §9; 1991 c.664 §8; repealed by 1995 c.768 §16] 163.682Exceptions to ORS 163.665 to 163.693 163.683[1987 c.864 §11; repealed by 1991 c.664 §12] 163.684Encouraging child sexual abuse in the first degree 163.685[1985 c.557 §6; 1987 c.864 §12; repealed by 1991 c.664 §12] 163.686Encouraging child sexual abuse in the second degree 163.687Encouraging child sexual abuse in the third degree 163.688Possession of materials depicting sexually explicit conduct of a child in the first degree 163.689Possession of materials depicting sexually explicit conduct of a child in the second degree 163.690Lack of knowledge of age of child as affirmative defense 163.693Failure to report child pornography 163.695[1987 c.864 §8; 1991 c.664 §11; 1995 c.768 §7; repealed by 2001 c.666 §56] 163.696[2001 c.666 §49; repealed by 2005 c.830 §48] 163.700Invasion of personal privacy in the second degree 163.701Invasion of personal privacy in the first degree 163.702Exceptions to ORS 163.700 and 163.701 163.705Polygraph examination of victims in certain criminal cases prohibited 163.707Forfeiture of motor vehicle used in drive-by shooting 163.709Unlawful directing of light from a laser pointer 163.715Unlawful use of a global positioning system device 163.730Definitions for ORS 30.866 and 163.730 to 163.750 163.732Stalking 163.735Citation; form 163.738Effect of citation; contents; hearing; court’s order; use of statements made at hearing 163.741Service of stalking protective order; entry of order into law enforcement data systems 163.744Initiation of action seeking citation; complaint form 163.747[1993 c.626 §7; repealed by 1995 c.353 §10] 163.750Violating a court’s stalking protective order 163.753Immunity of officer acting in good faith 163.755Conduct for which stalking protective order may not be issued 163.760Definitions for ORS 163.760 to 163.777 163.763Petition to circuit court for relief; burden of proof 163.765Restraining order; service of order; request for hearing; duration of order 163.767Hearing; order; certificate of compliance; consent agreement 163.770Appearance by telephone or electronic communication device 163.773Enforcement of restraining order; service by sheriff; termination order; contempt proceeding 163.775Renewal and modification of restraining order 163.777Fees or undertaking may not be required; forms and brochures

Chapter 163 — Offenses Against Persons

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.

Official sources · 2Tap to view provenance and version history

Online copy of the published ORS edition

Provenance

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.