(1)(a) the suspect engages sexual intercourse, oral intercourse or anal intercourse with the victim or penetrates the vagina, anus or penis of the victim with an object other than the suspect's penis or mouth knowing that the victim 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) the suspect 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 victim is confined or detained;

(C) is responsible for supervising the victim 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 victim in work or on-the-job training per 421.354 (Authority of Oregon Corrections Enterprises)(1)

(2) consent of the victim to the engaged in behavior is not a defense to a prosecution under this section

(3) lack of supervisory authority over the victim 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

(1)(a) the suspect engages in sexual contact with the victim knowing the victim 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) the suspect 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 victim is confined or detained;

(C) is responsible for supervising the victim 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 victim in work or on-the-job training per 421.354 (Authority of Oregon Corrections Enterprises)(1)

(2) consent of the victim to sexual contact is not a defense to a prosecution under this statute

(3) lack of supervisory authority over the victim 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

(1) In any prosecution under the applicable offenses in which the criminality of conduct depends on a child being under 16, it's no defense that the defendant did not know the child's age or that they believed the child to be older than 16

(2) When criminality depends on the child being under a specified age other than 16, it is an affirmative defense for the defendant to prove that they reasonably believed the child to be above the specified age at the time of the alleged offense

(3) in any prosecution under the applicable offenses 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 they did not know of the facts or conditions responsible for the victim's incapacity to consent

Applicable Offenses

• 163.355 (rape 3)

• 163.365 (rape 2)

• 163.375 (rape 1)

• 163.385 (sodomy 3)

• 163.395 (sodomy 2)

• 163.405 (sodomy 1)

• 163.408 (unlawful sexual penetration 2)

• 163.411 (unlawful sexual penetration 1)

• 163.413 (purchasing sex with a minor)

• 163.415 (sexual abuse 3)

• 163.425 (sexual abuse 2)

• 163.427 (sexual abuse 1)

• 163.432 (online sexual corruption of a child 2)

• 163.433 (online sexual corruption of a child 1)

• 163.435 (contributing to the sexual delinquency of a minor)

• 163.445 (sexual misconduct)

(1) the suspect marries or engages in sexual intercourse, oral intercourse or anal intercourse with a person whom they know to be related to them, either legitimately or illegitimately, as an ancestor, descendant or brother or sister of either the whole or half blood

(2) it's not a violation if the sexual content merely forms an incidental part of an otherwise non offending whole & serves some purpose other than titillation

(1)(a)(A) the suspect knowingly makes a visual recording of someone in a state of nudity without their consent AND

(B) at time the recording is made, the victim is in a place or circumstances where they had a reasonable expectation of personal privacy OR

(b) violates 163.700 (invasion of personal privacy 2) & has prior conviction(s) for:

(A) any invasion of personal privacy, 163.465 (public indecency), private indecency or a sex crime (163A.005(5))

(B) as in (A) but in another jurisdiction

primary differences between invasion of privacy 1 & 2:

• IVP 1 requires knowingly making a visual recording of the victim in a state of nudity. IVP 2 speaks to recording an intimate area vs nudity

• IVP 1 will be violated if the suspect has prior convictions for certain crimes

• IVP 2 will be violated if the suspect observes the victim in a state of nudity for sexual arousal or gratification a.k.a Peeping Tom

(1)(a)(A) for purpose of arousing or gratifying their sexual desire, the suspect is in a location to observe someone in a state of nudity without their consent AND

(B) the victim is in place and circumstances where they have a reasonable expectation of personal privacy [e.g. an area where a person undresses in an enclosed space not open to public view such as a bathroom, tanning booth] OR

(b)(A) the suspect knowingly makes a visual recording of someone's intimate area without their consent AND

(B) the victim being recorded has a reasonable expectation of privacy regarding intimate area. [e.g. an area where a person undresses in an enclosed space not open to public view such as a bathroom, tanning booth]

primary differences between invasion of privacy 1 & 2:

• IVP 1 requires knowingly making a visual recording of the victim in a state of nudity. IVP 2 speaks to recording an intimate area vs nudity

• IVP 1 will be violated if the suspect has prior convictions for certain crimes

• IVP 2 will be violated if the suspect observes the victim in a state of nudity for sexual arousal or gratification a.k.a Peeping Tom

(1) the suspect exposes their genitals with the intent of arousing their or someone else's sexual desire AND:

(a) the suspect is in a place where another person has a reasonable expectation of privacy

(b) the suspect is in view of the other person

(c) the exposure reasonably would be expected to alarm or annoy the other person AND

(d) the suspect knows that the other person didn't consent to the exposure.

(3) part (1) doesn't apply to a person who commits the act described in (1) if the person cohabits with & is involved in a sexually intimate relationship with the other person

(3) For purposes of this statute, “place where another person has a reasonable expectation of privacy includes, but isn't limited to, residences, yards of residences, working areas and offices

(1) Ma: while in, or in view of, a public place performs an act of:

(a) sexual intercourse

(b) oral intercourse or anal intercourse

(c) masturbation OR

(d) exposing their genitals with the intent of arousing their or another's sexual desire

(2)(a) F(c): prior conviction for:

• 163.465 (public indecency)

• rape 1 2 3

• sodomy 1 2 3

• unlawful sexual penetration 1 2

• 163.415 (sexual abuse 3)

• sexual abuse 1 2 3

• online sexual corruption of a child 1 2

• 163.435 (contributing to the sexual delinquency of a minor)

• 163.445 (sexual misconduct)

(1)(a) sexual intercourse by force or compulsion

(b) the victim is under 12

(c) the victim is under 16 & is the subject's sibling, step-sibling, child or step-child

(d) the victim is incapable of consent by reason of mental incapacitation, physical helplessness or incapability of appraising the nature of the victim's conduct.

• 163.325 (ignorance or mistake as a defense) applies

(1)(a) subjects another to sexual contact AND:

(A) victim is under 14

(B) the victim is subjected to forcible compulsion OR

(C) the victim is incapable of consent by reason of mental incapacitation, physical helplessness or incapability of appraising the nature of the victim's conduct, OR

(b) intentionally causes a victim under 18 to touch or contact the mouth, anus or sex organs of an animal for purpose of arousing or gratifying the sexual desire of a person

• 163.325 (ignorance or mistake as a defense) applies

(1)(a) subjects another without consent to sexual intercourse, oral intercourse, anal intercourse or penetration of the vagina, anus or penis with any object except the suspect's penis/mouth OR

(b) "Coach clause"

(A) violates 163.415 (sexual abuse 3) AND

(B) suspect is 21 or older AND

(C) at any time before the crime was the victim's coach

• 163.345 (age defense) applies

• 163.325 (ignorance or mistake as a defense) applies

(1)(a) subjects another to sexual contact AND:

(A) the victim doesn't consent OR

(B) the victim is incapable of consenting because they're under 18

(b) to arouse or gratify their or another's sexual desire, intentionally propels any dangerous substance at victim without their consent

• 163.345 (age defense) applies

• 163.325 (ignorance or mistake as a defense) applies

(1)(a) engages in oral intercourse or anal intercourse with the victim or causes the victim to engage in oral intercourse or anal intercourse

(b) the victim is under 12

(c) victim is under 16 & is the subject's sibling, step-sibling, child, step-child

(d) the victim is incapable of consent by reason of mental incapacitation, physical helplessness or incapability of appraising the nature of the victim's conduct.

• 163.325 (ignorance or mistake as a defense) applies

(1) M(a):

(a) the suspect, with the intent to harass, humiliate or injure another person, knowingly causes the disclosure of an identifiable image of the victim whose intimate parts are visible or who is engaged in sexual conduct

(b) the suspect knows or reasonably should have known that the victim doesn't consent to the disclosure

(c) the victim is harassed, humiliated or injured by the disclosure AND

(d) a reasonable person would be harassed, humiliated or injured by the disclosure

(2)(b) F(c): the suspect has a prior conviction under this statute 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) “identifiable” means that a reasonable person would be able to recognize the individual depicted in the image as the other person

(4) this statute does not apply to:

(a) activity by law enforcement agencies investigating & prosecuting criminal offenses

(b) legitimate medical, scientific or educational activities

(c) legal proceedings, when disclosure is consistent with common practice in civil proceedings or necessary for the proper functioning of the criminal justice system

(d) the reporting of unlawful conduct to a law enforcement agency

(e) disclosures that serve a lawful public interest

(f) disclosures of images:

(A) depicting the other person voluntarily displaying, in a public area, their intimate parts or engaging in sexual conduct OR

(B) originally created for a commercial purpose with the consent of the other person OR

(g) the provider of an interactive computer service for an image of intimate parts provided by an information content provider