ORS 163.454 Custodial sexual misconduct in the second degree

A person commits the crime of custodial sexual misconduct in the second degree if the person:

Engages in sexual contact with another person knowing that the other person is:

In the custody of a law enforcement agency following arrest;

Confined or detained in a correctional facility;

Participating in an adult in custody or offender work crew or work release program; or

On probation, parole, post-prison supervision or other form of conditional or supervised release; and

Is employed by or under contract with the state or local agency that:

Employs the officer who arrested the other person;

Operates the correctional facility in which the other person is confined or detained;

Is responsible for supervising the other person in a work crew or work release program or on probation, parole, post-prison supervision or other form of conditional or supervised release; or

Engages the other person in work or on-the-job training pursuant to ORS 421.354 (1).

Consent of the other person to sexual contact is not a defense to a prosecution under this section.

Lack of supervisory authority over the other person is an affirmative defense to a prosecution under this section when the other person is on probation, parole, post-prison supervision or other form of conditional or supervised release.

Custodial sexual misconduct in the second degree is a Class A misdemeanor.