Oregon Sex Crimes Criminal Defense - for Marion, Polk, and Linn County

NOTICE: The purpose of this website page is to provide basic and general information about sex crimes.
This publication should not be interpreted as legal advice, nor substituted for the specific legal advice of an experienced attorney.

Our Blog Topics:
A blog by Gig Wyatt, criminal defense attorney, discussing sex crimes defense issues and case studies relating to Measure 11, Rape, Sex abuse, Sexual abuse, Sodomy, Statutory rape, sex allegation (accusation), False sexual allegation (accusation), Sexual penetration Child molestation, Prostitution, Possession of sexually explicit material, Encouraging child sex abuse, Child sexual abuse, Incest, Luring, Online sexual corruption, Public indecency

Sex Offenders, Sexual Crimes, and the Law

Sex Crimes and Ballot Measure 11

When a person is convicted of a Measure 11 crime, a sentencing judge cannot impose a sentence less than that prescribed by Measure 11, nor can the sentence be reduced below the minimum for good behavior.  Those in favor of Measure 11 argue that judges can be too lenient when sentencing dangerous or violent offenders. Opponents of Measure 11 believe that judges should be allowed discretion in sentencing and should be able to consider the particular circumstances of a given crime and other mitigating factors.  Despite what you may believe about Measure 11, it is the law.  It is not unusual for a prosecutor to charge a person with more crimes than are warranted, including Measure 11 offenses, in an attempt to force a guilty plea due to the threat of a Measure 11 conviction.

Rape Offenses Sodomy Offenses Sexual Abuse Unlawful Penetration

Rape in the third degree

 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.  Rape in the third degree is a Class C felony.

Rape in the second degree

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.  Rape in the second degree is a Class B felony.

Rape in the first degree

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.  Rape in the first degree is a Class A felony.

 

Sodomy in the third degree

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.  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.  Sodomy in the third degree is a Class C felony.

 Sodomy in the second degree

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.  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. 

 Sodomy in the first degree

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.   Sodomy in the first degree is a Class A felony.

Sexual abuse in the third degree

A person commits the crime of sexual abuse in the third degree if the person subjects another person to sexual contact and the victim does not consent to the sexual contact or the victim is incapable of consent by reason of being under 18 years of age.  Additionally, a person commits the crime of sexual abuse in the third degree if,  for the purpose of arousing or gratifying the sexual desire of the person or another person, the person intentionally propels any dangerous substance at a victim without the consent of the victim.  Sexual abuse in the third degree is a Class A misdemeanor.  “Dangerous substance” means blood, urine, semen or feces.

Sexual abuse in the second degree

A person commits the crime of sexual abuse in the second degree when the person subjects another person to sexual intercourse, deviate sexual intercourse, or 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.  Sexual abuse in the second degree is a Class C felony.

 Sexual abuse in the first degree

A person commits the crime of sexual abuse in the first degree when that person 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.  Additionally, this crime can be committed if a person intentionally causes a person under 18 years of age to touch or contact the mouth, or anus or sex organs of an animal for the purpose of arousing or gratifying the sexual desire of a person.  Sexual abuse in the first degree is a Class B felony.

 Unlawful sexual penetration in the second degree

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.  Unlawful sexual penetration in the second degree is a Class B felony.

 Unlawful sexual penetration in the first degree

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.  Unlawful sexual penetration in the first degree is a Class A felony.

 

Gig Wyatt , Attorney at Law, Harris, Wyatt & Amala, LLC , 5778 Commercial Street SE , Salem OR 97306
(503) 378-7744, (503) 378-1013 Fax

NOTICE: The purpose of this website is to provide basic and general information about Criminal Defense laws in Oregon.
This publication should not be interpreted as legal advice, nor substituted for the specific legal advice of an experienced attorney.
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Crimial Defense services in Marion County, Polk County, and Linn County, Oregon