Criminal Defense for Oregon Sodomy Charges

Sodomy is a felony in Oregon. The First Degree Offense

Oregon Sodomy in the First Degree (ORS 163.405)

• A person who engages in deviate sexual intercourse with another person or causes another to engage in deviate sexual intercourse commits the crime of sodomy in the first degree if:
  • The victim is subjected to forcible compulsion by the actor;
  • The victim is under 12 years of age;
  • The victim is under 16 years of age and is the actor’s brother or sister, of the whole or half blood, the son or daughter of the actor or the son or daughter of the actor’s spouse; or
  • The victim is incapable of consent by reason of mental defect, mental incapacitation or physical helplessness.
• This offense is a Class A felony, and a Measure 11 offense subject to mandatory prison.

Oregon Sodomy in the Second Degree (ORS 163.395)

• A person who engages in deviate sexual intercourse with another person or causes another to engage in deviate sexual intercourse commits the crime of sodomy in the second degree if the victim is under 14 years of age.
• This offense is a Class B felony, and a Measure 11 offense subject to mandatory prison.

Oregon Sodomy in the Third Degree (ORS 163.385)

• A person commits the crime of sodomy in the third degree if the person engages in deviate sexual intercourse with another person under 16 years of age or causes that person to engage in deviate sexual intercourse.
• This offense is a Class C felony. It is a non-Measure 11 offense, but subject to Oregon’s felony sentencing guidelines.

Defenses to Sodomy in Oregon

Defenses to criminal charges of these offenses, include but are not limited to:

• Consent (for charges based on a lack of consent theory)
• Lack of age difference (for age-based charges)
• Lack of physical force or compulsion (for charges based on forcible compulsion)
• Lack of mental incapacity on the part of the alleged victim (for charges based on mental defect, mental incapacitation or physical helplessness)
• Mistaken identity
• Mistaken conduct or false memories
• Fabricated charges or motivation to lie

Oregon Criminal Defense Attorney Michael Romano

If you are facing sodomy charges in Oregon, you’re going to need a criminal defense attorney immediately. It’s of critical importance that you not speak with anyone about the allegations, invoke your right to remain silent if questioned by the police, and retain an attorney at the earliest opportunity. There are very few criminal charges in Oregon more serious than sodomy or deviate sexual intercourse allegations.