Offenses Against Persons

ORS 163.412
Exceptions to unlawful sexual penetration prohibition

Nothing in ORS 163.408 (Unlawful sexual penetration in the second degree), 163.411 (Unlawful sexual penetration in the first degree) or 163.452 (Custodial sexual misconduct in the first degree) prohibits a penetration described in those sections when:


The penetration is part of a medically recognized treatment or diagnostic procedure; or


The penetration is accomplished by a peace officer or a corrections officer acting in official capacity, or by medical personnel at the request of such an officer, in order to search for weapons, contraband or evidence of crime. [1981 c.549 §4; 2005 c.488 §5]

Notes of Decisions

Availability of defense that penetration was part of medically recognized treatment or diagnostic procedure is not limited to medical personnel. State v. Ketchum, 206 Or App 635, 138 P3d 860 (2006), Sup Ct review denied


Last accessed
May 26, 2023