Offenses Against Persons

ORS 163.411
Unlawful sexual penetration in the first degree

(1)

Except as permitted under ORS 163.412 (Exceptions to unlawful sexual penetration prohibition), 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 incapacitation, physical helplessness or incapability of appraising the nature of the victim’s conduct.

(2)

Unlawful sexual penetration in the first degree is a Class A felony. [1981 c.549 §3; 1989 c.359 §6; 1991 c.386 §2; 2021 c.82 §6]

Notes of Decisions

Conviction for unlawful sexual penetration in first degree does not require proof that defendant acted with sexual or injurious intent. State v. Gilbreath, 310 Or App 724, 489 P3d 144 (2021), Sup Ct review denied

Source

Last accessed
Mar. 11, 2023

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