163.413 Purchasing sex with a minor. (1) A person commits the crime of purchasing sex with a minor if the person pays, or offers or agrees to pay, a fee to engage in sexual intercourse or sexual contact with a minor, a police officer posing as a minor or an agent of a police officer posing as a minor.
(2)(a) If the person does not have a prior conviction under this section at the time of the offense, purchasing sex with a minor is a Class C felony and the person may use a defense described in ORS 163.325 only if the minor or, in the case of a police officer or agent of a police officer posing as a minor, the age of the purported minor as reported to the defendant was at least 16 years of age.
(b) If the person has one or more prior convictions under this section at the time of the offense, purchasing sex with a minor is a Class B felony, the state need not prove that the person knew the minor or, in the case of a police officer or agent of a police officer posing as a minor, the purported minor was under 18 years of age and the person may not use a defense described in ORS 163.325.
(3)(a) When a person is convicted under this section, in addition to any other sentence that may be imposed, the court shall impose and may not suspend the sentence described in paragraph (b) of this subsection.
(b) The mandatory minimum sentences that apply to paragraph (a) of this subsection are as follows:
(A) For a person’s first conviction, a fine in the amount of $10,000, a term of incarceration of at least 30 days and completion of a john school program.
(B) For a person’s second or subsequent conviction, a fine in the amount of $20,000 and the court shall designate the offense as a sex crime under ORS 163A.005.
(c) Notwithstanding paragraphs (a) and (b) of this subsection, if t
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:163.413 Source file: ors163.html Pages: Not recorded – Not recorded Passage SHA-256: 3b029ee133153ceb4e2ba000bc38f848c144df8a4c2a46cd91ede359757edaed Retained source evidence SHA-256: 81109a43a5631ebec4ebfde641092a6c60ecd13ec77452c9939b53ff86a4d40c
Source location: ORS 163.413 (all printed versions and notes)
Stored source content
163.413 Purchasing sex with a minor. (1) A person commits the crime of purchasing sex with a minor if the person pays, or offers or agrees to pay, a fee to engage in sexual intercourse or sexual contact with a minor, a police officer posing as a minor or an agent of a police officer posing as a minor.
(2)(a) If the person does not have a prior conviction under this section at the time of the offense, purchasing sex with a minor is a Class C felony and the person may use a defense described in ORS 163.325 only if the minor or, in the case of a police officer or agent of a police officer posing as a minor, the age of the purported minor as reported to the defendant was at least 16 years of age.
(b) If the person has one or more prior convictions under this section at the time of the offense, purchasing sex with a minor is a Class B felony, the state need not prove that the person knew the minor or, in the case of a police officer or agent of a police officer posing as a minor, the purported minor was under 18 years of age and the person may not use a defense described in ORS 163.325.
(3)(a) When a person is convicted under this section, in addition to any other sentence that may be imposed, the court shall impose and may not suspend the sentence described in paragraph (b) of this subsection.
(b) The mandatory minimum sentences that apply to paragraph (a) of this subsection are as follows:
(A) For a person’s first conviction, a fine in the amount of $10,000, a term of incarceration of at least 30 days and completion of a john school program.
(B) For a person’s second or subsequent conviction, a fine in the amount of $20,000 and the court shall designate the offense as a sex crime under ORS 163A.005.
(c) Notwithstanding paragraphs (a) and (b) of this subsection, if the court determines that the person is unable to pay the full amount of the mandatory minimum fine, the court shall impose and may not suspend a fine in an amount the court determines the person is able to pay.
(d) For a person’s first conviction under this section, the court may designate the offense as a sex crime under ORS 163A.005 if the court finds that the circumstances of the offense and the age of the minor or, in the case of a police officer or agent of a police officer posing as a minor, the purported minor as reported to the defendant require the defendant to register and report as a sex offender for the safety of the community.
(4) As used in this section:
(a) “John school” means any course, class or program intended to educate and prevent recidivism of persons who have been arrested for, charged with or convicted of commercial sexual solicitation or purchasing sex with a minor or attempting to engage in commercial sexual solicitation or purchase sex with a minor.
(b) “Minor” means a person under 18 years of age.
(c) “Police officer” has the meaning given that term in ORS 181A.355. [2013 c.720 §4; 2015 c.98 §6; 2015 c.101 §2]
Cross-references
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Oregon criminal law — ORS Title 16 (2025 snapshot) · legal_authorities
163.325 Ignorance or mistake as a defense. (1) In any prosecution under ORS 163.355 to 163.445 in which the criminality of conduct depends on a child’s being under the age of 16, it is no defense that the defendant did not know the child’s age or that the defendant reasonably believed the child to be older than the age of 16.
(2) When criminality depends on the child’s being under a specified age other than 16, it is an affirmative defense for the defendant to prove that the defendant reasonably believed the child to be above the specified age at the time of the alleged offense.
(3) In any prosecution under ORS 163.355 to 163.445 in which the victim’s lack of consent is based solely upon the incapacity of the victim to consent because the victim is mentally incapacitated, physically helpless or incapable of appraising the nature of the victim’s conduct, it is an affirmative defense for the defendant to prove that at the time of the alleged offense the defendant did not know of the facts or conditions responsible for the victim’s incapacity to consent.
(4) In any prosecution under ORS 163.415 or 163.425 in which the victim’s lack of consent is not based on the incapacity of the victim to consent because of the victim’s age, it is an affirmative defense for the defendant to prove that, at the time of the alleged offense, the defendant reasonably believed that the victim consented to the sexual contact, sexual intercourse or oral or anal intercourse. [1971 c.743 §106; 2021 c.82 §3; 2021 c.410 §1]
163A.005 Definitions for ORS 163A.005 to 163A.235. As used in ORS 163A.005 to 163A.235:
(1) “Another United States court” means a federal court, a military court, the tribal court of a federally recognized Indian tribe or a court of:
(a) A state other than Oregon;
(b) The District of Columbia;
(c) The Commonwealth of Puerto Rico;
(d) Guam;
(e) American Samoa;
(f) The Commonwealth of the Northern Mariana Islands; or
(g) The United States Virgin Islands.
(2) “Attends” means is enrolled on a full-time or part-time basis.
(3)(a) “Correctional facility” means any place used for the confinement of persons:
(A) Charged with or convicted of a crime or otherwise confined under a court order.
(B) Found to be within the jurisdiction of the juvenile court for having committed an act that if committed by an adult would constitute a crime.
(b) “Correctional facility” applies to a state hospital or a secure intensive community inpatient facility only as to persons detained therein charged with or convicted of a crime, or detained therein after being found guilty except for insanity under ORS 161.290 to 161.373 or responsible except for insanity under ORS 419C.411.
(4) “Institution of higher education” means a public or private educational institution that provides a program of post-secondary education.
(5) “Sex crime” means:
(a) Rape in any degree;
(b) Sodomy in any degree;
(c) Unlawful sexual penetration in any degree;
(d) Sexual abuse in any degree;
(e) Incest with a child victim;
(f) Using a child in a display of sexually explicit conduct;
(g) Encouraging child sexual abuse in any degree;
(h) Transporting child pornography into the state;
(i) Paying for viewing a child’s sexually explicit conduct;
(j) Compelling prostitution;
(k) Promoting prostitution;
(