Unlawful Sexual Penetration is a felony in Oregon. There are two degrees of the crime, and both are Measure 11 offenses.
Oregon Unlawful Sexual Penetration
in the First Degree (ORS 163.411)
A person commits the crime of unlawful sexual penetration in the first degree if the person penetrates the vagina, anus or penis of another with any object other than the penis or mouth of the actor and:
- The victim is subjected to forcible compulsion;
- The victim is under 12 years of age; or
- The victim is incapable of consent by reason of mental defect, mental incapacitation or physical helplessness.
Unlawful sexual penetration in the first degree is a Class A felony in Oregon, and a Measure 11 subject to mandatory prison time.
Note: Under ORS 163.412, there are exceptions when the penetration is part of a medically recognized treatment or diagnostic procedure; or the penetration is accomplished by a peace officer or a corrections officer acting in official capacity, or by medical personnel at the request of such an officer, in order to search for weapons, contraband or evidence of crime.
Oregon Unlawful Sexual Penetration
in the Second Degree (ORS 163.408)
A person commits the crime of unlawful sexual penetration in the second degree if the person penetrates the vagina, anus or penis of another with any object other than the penis or mouth of the actor and the victim is under 14 years of age. Unlawful sexual penetration in the second degree is a Class B felony, and a Measure 11 offense subject to mandatory prison time.
Note: Under ORS 163.412, there are exceptions when the penetration is part of a medically recognized treatment or diagnostic procedure; or the penetration is accomplished by a peace officer or a corrections officer acting in official capacity, or by medical personnel at the request of such an officer, in order to search for weapons, contraband or evidence of crime.
Defenses to Unlawful Sexual Penetration 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 unlawful sexual penetration 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 unlawful sexual penetration or sodomy allegations.