Ignorance or mistake as a defense
ORS > Criminal Code > Sex Crimes - General > 163.325
(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
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