Offenses Against Persons

ORS 163.454
Custodial sexual misconduct in the second degree

(1)

A person commits the crime of custodial sexual misconduct in the second degree if the person:

(a)

Engages in sexual contact with another person knowing that the other person is:

(A)

In the custody of a law enforcement agency following arrest;

(B)

Confined or detained in a correctional facility;

(C)

Participating in an adult in custody or offender work crew or work release program; or

(D)

On probation, parole, post-prison supervision or other form of conditional or supervised release; and

(b)

Is employed by or under contract with the state or local agency that:

(A)

Employs the officer who arrested the other person;

(B)

Operates the correctional facility in which the other person is confined or detained;

(C)

Is responsible for supervising the other person in a work crew or work release program or on probation, parole, post-prison supervision or other form of conditional or supervised release; or

(D)

Engages the other person in work or on-the-job training pursuant to ORS 421.354 (Authority of Oregon Corrections Enterprises) (1).

(2)

Consent of the other person to sexual contact is not a defense to a prosecution under this section.

(3)

Lack of supervisory authority over the other person is an affirmative defense to a prosecution under this section when the other person is on probation, parole, post-prison supervision or other form of conditional or supervised release.

(4)

Custodial sexual misconduct in the second degree is a Class A misdemeanor. [2005 c.488 §4; 2019 c.213 §42]
§§ 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

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