Offenses Against Persons

ORS 163.385
Sodomy in the third degree


A person commits the crime of sodomy in the third degree if the person engages in oral or anal sexual intercourse with another person under 16 years of age or causes that person to engage in oral or anal sexual intercourse.


Sodomy in the third degree is a Class C felony. [1971 c.743 §112; 2017 c.318 §3]

Notes of Decisions

It is extremely unlikely that legislature had in mind common law method for calculating age in enacting this section and, for purposes of this section, person was “under 16 years of age” on day before person’s 16th birthday. State v. Hansen, 304 Or 169, 743 P2d 157 (1987)

Trial court was not required to consolidate sentences for six separate convictions, one count each of first and third degree rape and two counts each of first and third degree sodomy because each first degree crime 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)

Law Review Citations

51 OLR 501-504 (1972); 11 WLJ 284 (1975)


Last accessed
Mar. 11, 2023