Offenses Against Persons

ORS 163.426
Crime category classification for sexual abuse in the second degree


(1)

As used in this section, “coach” means a person who instructs or trains an individual or members of a team in a sport.

(2)

The Oregon Criminal Justice Commission shall classify sexual abuse in the second degree as described in ORS 163.425 (Sexual abuse in the second degree) (1)(a) as a crime category 8 of the sentencing guidelines grid of the commission if:

(a)

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

(b)

The offender is 21 years of age or older; and

(c)

At any time before the commission of the offense, the offender was the victim’s coach. [2009 c.876 §1]
Note: 163.426 (Crime category classification for sexual abuse in the second degree) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 163 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
§§ 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