Offenses Against Persons

ORS 163.365
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. [1971 c.743 §110; 1989 c.359 §1; 1991 c.628 §2]

Notes of Decisions

This section does not violate equal protection provision of state and federal Constitutions. State v. Elmore, 24 Or App 651, 546 P2d 1117 (1976)

§§ 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)


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Jun. 26, 2021