163.305 Definitions. As used in chapter 743, Oregon Laws 1971, unless the context requires otherwise:
(1) “Forcible compulsion” means to compel by:
(a) Physical force; or
(b) A threat, express or implied, that places a person in fear of immediate or future death or physical injury to self or another person, or in fear that the person or another person will immediately or in the future be kidnapped.
(2) “Mentally incapacitated” means that a person is rendered incapable of appraising or controlling the conduct of the person at the time of the alleged offense.
(3) “Oral or anal sexual intercourse” means sexual conduct between persons consisting of contact between the sex organs or anus of one person and the mouth or anus of another.
(4) “Physically helpless” means that a person is unconscious or for any other reason is physically unable to communicate unwillingness to an act.
(5) “Sexual contact” means any touching of the sexual or other intimate parts of a person or causing such person to touch the sexual or other intimate parts of the actor for the purpose of arousing or gratifying the sexual desire of either party.
(6) “Sexual intercourse” has its ordinary meaning and occurs upon any penetration, however slight; emission is not required. [1971 c.743 §104; 1975 c.461 §1; 1977 c.844 §1; 1979 c.744 §7; 1983 c.500 §1; 1999 c.949 §1; 2009 c.770 §1; 2017 c.318 §2; 2017 c.634 §17; 2021 c.82 §1; 2023 c.407 §1]
Note: Legislative Counsel has substituted “chapter 743, Oregon Laws 1971,” for the words “this Act” in section 104, chapter 743, Oregon Laws 1971, compiled as 163.305. Specific ORS references have not been substituted, pursuant to 173.160. These sections may be determined by referring to the 1971 Comparative Section Table located in Volume 22 of ORS.
Stored review status: 2025_edition_later_amendments_unresolved. A text match is a research starting point; applicability is not established.
Official chapter context and edition notices
Chapter 163 — Offenses Against Persons
2025 EDITION
OFFENSES AGAINST PERSONS
CRIMES AND PUNISHMENTS
HOMICIDE
ASSAULT AND RELATED OFFENSES
KIDNAPPING AND RELATED OFFENSES
COERCION
SEXUAL OFFENSES
OFFENSES AGAINST FAMILY
VISUAL RECORDING OF SEXUAL CONDUCT OF CHILDREN
INVASION OF PRIVACY
MISCELLANEOUS
STALKING
SEXUAL ABUSE RESTRAINING ORDERS
HOMICIDE
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Stable record: oregon_criminal_law:legal_authorities:163.305 Source file: ors163.html Pages: Not recorded – Not recorded Passage SHA-256: 569bf7751f128d60dd1c6367d557f67728e40da5e1195ad80e556da8e988234f Retained source evidence SHA-256: 81109a43a5631ebec4ebfde641092a6c60ecd13ec77452c9939b53ff86a4d40c
Source location: ORS 163.305 (all printed versions and notes)
Stored source content
163.305 Definitions. As used in chapter 743, Oregon Laws 1971, unless the context requires otherwise:
(1) “Forcible compulsion” means to compel by:
(a) Physical force; or
(b) A threat, express or implied, that places a person in fear of immediate or future death or physical injury to self or another person, or in fear that the person or another person will immediately or in the future be kidnapped.
(2) “Mentally incapacitated” means that a person is rendered incapable of appraising or controlling the conduct of the person at the time of the alleged offense.
(3) “Oral or anal sexual intercourse” means sexual conduct between persons consisting of contact between the sex organs or anus of one person and the mouth or anus of another.
(4) “Physically helpless” means that a person is unconscious or for any other reason is physically unable to communicate unwillingness to an act.
(5) “Sexual contact” means any touching of the sexual or other intimate parts of a person or causing such person to touch the sexual or other intimate parts of the actor for the purpose of arousing or gratifying the sexual desire of either party.
(6) “Sexual intercourse” has its ordinary meaning and occurs upon any penetration, however slight; emission is not required. [1971 c.743 §104; 1975 c.461 §1; 1977 c.844 §1; 1979 c.744 §7; 1983 c.500 §1; 1999 c.949 §1; 2009 c.770 §1; 2017 c.318 §2; 2017 c.634 §17; 2021 c.82 §1; 2023 c.407 §1]
Note: Legislative Counsel has substituted “chapter 743, Oregon Laws 1971,” for the words “this Act” in section 104, chapter 743, Oregon Laws 1971, compiled as 163.305. Specific ORS references have not been substituted, pursuant to 173.160. These sections may be determined by referring to the 1971 Comparative Section Table located in Volume 22 of ORS.
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Oregon criminal law — ORS Title 16 (2025 snapshot) · legal_authorities
161.067 Determining punishable offenses for violation of multiple statutory provisions, multiple victims or repeated violations. (1)(a) When the same conduct or criminal episode violates two or more statutory provisions and each provision requires proof of an element that the others do not, there are as many separately punishable offenses as there are separate statutory violations.
(b) Notwithstanding ORS 132.586, 163.160 and 163.190 and paragraph (a) of this subsection, a pleading, admission or finding that criminal conduct constitutes a crime involving domestic violence, as defined in ORS 135.230, is not an element for purposes of this section.
(2) When the same conduct or criminal episode, though violating only one statutory provision involves two or more victims, there are as many separately punishable offenses as there are victims. However, two or more persons owning joint interests in real or personal property shall be considered a single victim for purposes of determining the number of separately punishable offenses if the property is the subject of one of the following crimes:
(a) Theft as defined in ORS 164.015.
(b) Unauthorized use of a vehicle as defined in ORS 164.135.
(c) Criminal possession of rented or leased personal property as defined in ORS 164.140.
(d) Criminal possession of a rented or leased motor vehicle as defined in ORS 164.138.
(e) Burglary as defined in ORS 164.215 or 164.225.
(f) Criminal trespass as defined in ORS 164.243, 164.245, 164.255, 164.265 or 164.278.
(g) Arson and related offenses as defined in ORS 164.315, 164.325 or 164.335.
(h) Forgery and related offenses as defined in ORS 165.002 to 165.070.
(3) When the same conduct or criminal episode violates only one statutory provision and involves only one victim, but neverthe
163.429 Sexual abuse by fraudulent representation. (1) A person commits the crime of sexual abuse by fraudulent representation if the person is a licensee and knowingly:
(a) Subjects another person to sexual contact; and
(b) Falsely or fraudulently represents to the other person that the sexual contact serves a legitimate medical purpose.
(2) Sexual abuse by fraudulent representation is a Class B felony.
(3) The Oregon Criminal Justice Commission shall classify sexual abuse by fraudulent representation as a crime category 8 of the sentencing guidelines grid of the commission.
(4) As used in this section:
(a) “Licensee” has the meaning given that term in ORS 676.150.
(b) “Sexual contact” has the meaning given that term in ORS 163.305. [2023 c.200 §1]
Note: 163.429 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.
163.431 Definitions for ORS 163.431 to 163.434. As used in ORS 163.431 to 163.434:
(1) “Child” means a person who the defendant reasonably believes to be under 16 years of age.
(2) “Online communication” means communication that occurs via telephone text messaging, electronic mail, personal or instant messaging, chat rooms, bulletin boards or any other transmission of information by wire, radio, optical cable, cellular system, electromagnetic system or other similar means.
(3) “Sexual contact” has the meaning given that term in ORS 163.305.
(4) “Sexually explicit conduct” has the meaning given that term in ORS 163.665.
(5) “Solicit” means to invite, request, seduce, lure, entice, persuade, prevail upon, coax, coerce or attempt to do so. [2007 c.876 §1; 2009 c.517 §1]
Note: 163.431 to 163.434 were added to and made a part of ORS chapter 163 by legislative action but were not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
163.472 Unlawful dissemination of an intimate image. (1) A person commits the crime of unlawful dissemination of an intimate image if:
(a) The person, with the intent to harass, humiliate or injure another person, knowingly causes to be disclosed an image of the other person whose intimate parts are visible or who is engaged in sexual conduct;
(b) The person knows or reasonably should have known that the other person does not consent to the disclosure;
(c) The other person is harassed, humiliated or injured by the disclosure; and
(d) A reasonable person would be harassed, humiliated or injured by the disclosure.
(2)(a) Except as provided in paragraph (b) of this subsection, unlawful dissemination of an intimate image is a Class A misdemeanor.
(b) Unlawful dissemination of an intimate image is a Class C felony if the person has a prior conviction under this section at the time of the offense.
(3) As used in this section:
(a) “Disclose” includes, but is not limited to, transfer, publish, distribute, exhibit, advertise and offer.
(b) “Image” includes, but is not limited to, the following, regardless of the manner in which the image is stored:
(A) A photograph, film, videotape, recording, digital picture or other visual reproduction.
(B) A digitally created, manipulated or altered depiction that is reasonably realistic.
(c) “Information content provider” has the meaning given that term in 47 U.S.C. 230(f).
(d) “Interactive computer service” has the meaning given that term in 47 U.S.C. 230(f).
(e) “Intimate parts” means uncovered human genitals, pubic areas or female nipples.
(f) “Sexual conduct” means sexual intercourse or oral or anal sexual intercourse, as those terms are defined in ORS 163.305, or masturbation.
(4) This section does not apply to:
(a) Act
163.705 Polygraph examination of victims in certain criminal cases prohibited. No district attorney or other law enforcement officer or investigator involved in the investigation or prosecution of crimes, or any employee thereof, shall require any complaining witness in a case involving the use of force, violence, duress, menace or threat of physical injury in the commission of any sex crime under ORS 163.305 to 163.575, to submit to a polygraph examination as a prerequisite to filing an accusatory pleading. [1981 c.877 §1]
163.760 Definitions for ORS 163.760 to 163.777. As used in ORS 163.760 to 163.777:
(1) “Declaration under penalty of perjury,” “family or household members,” “interfere,” “intimidate,” “menace” and “molest” have the meanings given those terms in ORS 107.705.
(2) “Sexual abuse” means sexual contact with:
(a) A person who does not consent to the sexual contact; or
(b) A person who is considered incapable of consenting to a sexual act under ORS 163.315, unless the sexual contact would be lawful under ORS 163.325 or 163.345.
(3) “Sexual contact” has the meaning given that term in ORS 163.305. [2013 c.687 §1; 2015 c.121 §21]
Note: 163.760 to 163.777 were enacted into law by the Legislative Assembly but were 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.
164.377 Computer crime. (1) As used in this section:
(a) To “access” means to instruct, communicate with, store data in, retrieve data from or otherwise make use of any resources of a computer, computer system or computer network.
(b) “Computer” means, but is not limited to, an electronic, magnetic, optical electrochemical or other high-speed data processing device that performs logical, arithmetic or memory functions by the manipulations of electronic, magnetic or optical signals or impulses, and includes the components of a computer and all input, output, processing, storage, software or communication facilities that are connected or related to such a device in a system or network.
(c) “Computer network” means, but is not limited to, the interconnection of communication lines, including microwave or other means of electronic communication, with a computer through remote terminals or a complex consisting of two or more interconnected computers.
(d) “Computer program” means, but is not limited to, a series of instructions or statements, in a form acceptable to a computer, which permits the functioning of a computer system in a manner designed to provide appropriate products from or usage of such computer system.
(e) “Computer software” means, but is not limited to, computer programs, procedures and associated documentation concerned with the operation of a computer system.
(f) “Computer system” means, but is not limited to, a set of related, connected or unconnected, computer equipment, devices and software. “Computer system” also includes any computer, device or software owned or operated by the Oregon State Lottery or rented, owned or operated by another person or entity under contract to or at the direction of the Oregon State Lottery.
(g) “Data” means a repre