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]
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:163.415 Source file: ors163.html Pages: Not recorded – Not recorded Passage SHA-256: 80f99cb24ee0e39367b59a45a8922b431cb374aaf5872ab1e294f76f4d36681d Retained source evidence SHA-256: 81109a43a5631ebec4ebfde641092a6c60ecd13ec77452c9939b53ff86a4d40c
Source location: ORS 163.415 (all printed versions and notes)
Stored source content
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]
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]
163.425 Sexual abuse in the second degree. (1) A person commits the crime of sexual abuse in the second degree when:
(a) The person subjects another person to sexual intercourse, oral or anal sexual intercourse or, except as provided in ORS 163.412, penetration of the vagina, anus or penis with any object other than the penis or mouth of the actor and the victim does not consent thereto; or
(b)(A) The person violates ORS 163.415 (1)(a)(B);
(B) The person is 21 years of age or older; and
(C) At any time before the commission of the offense, the person was the victim’s coach or teacher, as those terms are defined in ORS 163.426.
(2) Sexual abuse in the second degree is a Class C felony. [1971 c.743 §116; 1983 c.564 §1; 1991 c.386 §14; 1991 c.830 §2; 2009 c.876 §2; 2017 c.318 §6; 2021 c.403 §1]
163A.140 Relief from reporting obligation; circumstances; order. A person otherwise required to report under ORS 163A.010, 163A.015, 163A.020 or 163A.025 is not required to report, and if currently reporting is no longer required to report, if:
(1)(a) The person has been convicted of:
(A) Rape in the third degree as defined in ORS 163.355;
(B) Sodomy in the third degree as defined in ORS 163.385;
(C) Sexual abuse in the third degree as defined in ORS 163.415;
(D) Sexual abuse in the second degree as defined in ORS 163.425;
(E) Contributing to the sexual delinquency of a minor as defined in ORS 163.435;
(F) Sexual misconduct as defined in ORS 163.445; or
(G) An attempt to commit an offense listed in subparagraphs (A) to (F) of this paragraph;
(b) The person has been found guilty except for insanity of an offense listed in paragraph (a) of this subsection;
(c) The person has been found to be within the jurisdiction of the juvenile court for having committed an act that if committed by an adult would constitute an offense listed in paragraph (a)(A), (B) or (D) of this subsection; or
(d) The person is paroled to this state under ORS 144.610 after being convicted in another United States court of a crime that would constitute an offense listed in paragraph (a) of this subsection;
(2)(a) The person is less than five years older than the victim;
(b) The victim’s lack of consent was due solely to incapacity to consent by reason of being less than a specified age;
(c) The victim was at least 14 years of age at the time of the offense or act;
(d) Except for the convictions or findings described in subsection (1) of this section, the person has not been convicted of, found guilty except for insanity of, or found to be within the jurisdiction of the juvenile court ba