Offenses Against Persons

ORS 163.415
Sexual abuse in the third degree


(1)

A person commits the crime of sexual abuse in the third degree if:

(a)

The person subjects another person to sexual contact and:

(A)

The victim does not consent to the sexual contact; or

(B)

The victim is incapable of consent by reason of being under 18 years of age; or

(b)

For the purpose of arousing or gratifying the sexual desire of the person or another person, the person intentionally propels any dangerous substance at a victim without the consent of the victim.

(2)

Sexual abuse in the third degree is a Class A misdemeanor.

(3)

As used in this section, “dangerous substance” means blood, urine, semen or feces. [1971 c.743 §115; 1979 c.489 §1; 1991 c.830 §1; 1995 c.657 §11; 1995 c.671 §9; 2009 c.616 §1]

Notes of Decisions

Under this section, legislative intent is to prohibit sexual abuse of consenting minors, and all four types of legal incapacity set out in ORS 163.315 are intended to apply to this section. State v. Landino, 38 Or App 447, 590 P2d 737 (1979), Sup Ct review denied

Language of this section does not, by itself, make sexual abuse a lesser included offense in charge of attempted rape in the first degree. State v. Sears, 70 Or App 537, 689 P2d 1324 (1984)

Indictment for sexual abuse was proper where issue was raised whether defendant touched area that person he touched subjectively considered intimate and that defendant knew this or should have recognized area to be one that would objectively be known to be intimate part by any reasonable person. State v. Woodley, 306 Or 458, 760 P2d 884 (1988)

Where complaint alleged that defendant touched victim's buttocks, facts could constitute sexual abuse in second degree. State v. Williams, 96 Or App 543, 773 P2d 25 (1989), Sup Ct review denied

Where defendant did not demonstrate to trial court how evidence would support conviction for sexual abuse in second degree but not for rape, trial court did not err in refusing to instruct jury on lesser offense. State v. Abraham, 102 Or App 369, 794 P2d 809 (1990), Sup Ct review denied

Proof of incapacity to consent for purposes of greater offense of sexual abuse in first degree (ORS 163.427) also proves element of lack of consent under this section. State v. Barnes, 209 Or App 332, 147 P3d 936 (2006), Sup Ct review denied

2007 version of statute does not proscribe conduct by which person causes another person to touch semen or other fluids expelled from actor's body. State v. Serafin, 241 Or App 239, 249 P3d 160 (2011)

Completed Citations

State v. Stich, 5 Or App 511, 484 P2d 861 (1971), Sup Ct review denied

Law Review Citations

68 OLR 255 (1989)

§§ 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