Offenses Against Persons

ORS 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]

Notes of Decisions

Fact that defendant's reasonable mistake as to age of victim is no defense to charge of rape in the third degree, but is a defense to charge of rape in second or first degree, does not violate equal privileges requirement of Oregon Constitution. State v. Jalo, 72 Or App 479, 696 P2d 14 (1985), Sup Ct review denied

[Former] ORS 161.062 was not violated where defendant received six separate convictions and sentences for one count each of first and third degree rape and two counts each of first and third degree sodomy because each of first degree crimes of which defendant was convicted required proof of element not necessary to prove corresponding third degree crime and legislature addressed distinct social concern in enacting each of statutory alternatives on which defendant was convicted. State v. Crotsley, 308 Or 272, 779 P2d 600 (1989)

Conviction under this section and consequent deportation may not form basis for illegal reentry charge under 8 U.S.C. 1326 because, under categorical approach, crime under this section is not "aggravated felony" as defined in 8 U.S.C. 1101(a)(43)(A). United States v. Gaspar-Juarez, 291 F. Supp. 3d 1186 (D. Or. 2018)

§§ 163.355 to 163.375

Notes of Decisions

Indictments charging defendants with forcible "sexual intercourse with...a female" were sufficient, notwithstanding that indictments did not allege that defendants were males. State v. Routh/Hawkins, 30 Or App 901, 568 P2d 704 (1977), Sup Ct review denied

Completed Citations

State v. Hamilton, 5 Or App 266, 483 P2d 90 (1971), Sup Ct review denied

Law Review Citations

19 WLR 489 (1983)

§§ 163.305 to 163.465

Notes of Decisions

Under evidence that defendant intentionally touched victim's buttocks through clothing, whether such conduct constituted "sexual contact" of victim's "intimate parts" was question for jury. State v. Buller, 31 Or App 889, 581 P2d 1263 (1977)

Genitalia and breasts are intimate parts as matter of law under this section, and undeveloped genitalia and breasts of children are included within definition. State v. Turner, 33 Or App 157, 575 P2d 1007 (1978), Sup Ct review denied

Rule that state is not permitted to introduce evidence of other crimes or bad acts solely to prove defendant acted as on prior occasions is strictly applied in sex crime cases, even those involving deviate sexual behavior, in so far as conduct with persons other than victim is concerned. State v. Sicks, 33 Or App 435, 576 P2d 834 (1978)

Law Review Citations

51 OLR 428, 518-522, 555 (1972)

Chapter 163

Law Review Citations

51 OLR 427-637 (1972)


Source

Last accessed
Jun. 26, 2021