I just got arrested / cited for an Oregon sex crime. What happens now?
If you were arrested for a misdemeanor sex crime, you may have received a citation or release agreement directing you to appear in court at a future date. Please read this document carefully, and be sure to show up on time to your court appearance. Your first court appearance is called an "arraignment" or "initial appearance." Usually, very little happens at the first appearance beyond formally notifying you of the charge(s) and setting a second court date. Sometimes, bail, release, or release conditions are discussed.
If you were arrested for a felony sex offense, then you were likely booked into custody and given a court date on the next business day. Many sex crimes, especially Class A and Class B felonies are Measure 11 offenses and have extremely high bail amounts. If you are not released on your own recognizance, then you will usually have to post bail in order to be released. Make sure you abide by any release conditions, and make sure to have no contact with the complaining witness.
With some crimes like downloading / possession of child pornography, officers do not arrest you right away. Typically, officers show up with a search warrant and seize computers / hard drives and interview the suspect. Once the computers / hard drives are analyzed at a later date, the case is turned over to the District Attorney's Office. The DA's Office then brings the case before a grand jury and charges of encouraging child sexual abuse follow. Officers then arrest the suspect on the indictment warrant. This can take several weeks and sometimes longer.
How are the various sex crimes committed?
Oregon law refers to sex crimes involving "rape," "sodomy," "unlawful sexual penetration," and "sexual abuse" among others.
Rape involves "sexual intercourse” which has its ordinary meaning and occurs upon any penetration, however slight; emission is not required.
Sodomy involves the act of
"deviate sexual intercourse.” Under Oregon law this means sexual conduct between persons consisting of contact between the sex organs of one person and the mouth or anus of another.
"
Sexual abuse" usually means touching the sexually intimate parts of another (except in the case of Sexual Abuse in the Second Degree). Refer to the definition of "sexual contact" below.
"Forcible compulsion” means
to compel by:
“Mentally defective” means
that a person suffers from a mental disease or defect that renders the person
incapable of appraising the nature of the conduct of the person.
“Mentally incapacitated”
means that a person is rendered incapable of appraising or controlling the
conduct of the person at the time of the alleged offense.
“Physically helpless” means
that a person is unconscious or for any other reason is physically unable to
communicate unwillingness to an act.
"Sexual contact” means any
touching of the sexual or other intimate parts of a person or causing such
person to touch the sexual or other intimate parts of the actor for the purpose
of arousing or gratifying the sexual desire of either party.
Some of the
(a) Under 18 years of age; or
(b) Mentally defective; or
(c) Mentally incapacitated; or
(d) Physically helpless.
ORS 163.355 Rape in the third degree.
A person commits the crime of rape in the
third degree if the person has sexual intercourse with another person under 16
years of age. Class C Felony.
ORS 163.365 Rape in the second degree.
A person who has sexual
intercourse with another person commits the crime of rape in the second degree
if the other person is under 14 years of age.
Class B Felony and a Ballot Measure 11
Offense.
ORS 163.375 Rape in the first degree.
A person who has sexual intercourse with
another person commits the crime of rape in the first degree if:
(a) The victim is subjected
to forcible compulsion by the person; or
(b) The victim is under 12
years of age; or
(c) The victim is under 16
years of age and is the person’s sibling, of the whole or half blood, the
person’s child or the person’s spouse’s child; or
(d) The victim is incapable
of consent by reason of mental defect, mental incapacitation or physical
helplessness.
Rape in the first degree is
a Class A felony and a Ballot Measure 11 Offense.
ORS 163.385 Sodomy in the third degree.
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. Class C Felony.
ORS 163.395 Sodomy in the second degree.
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.
Class B Felony and a Ballot Measure 11 Offense.
ORS 163.405 Sodomy in the first degree.
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:
(a) The victim is subjected
to forcible compulsion by the actor;
(b) The victim is under 12
years of age;
(c) 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
(d) The victim is incapable
of consent by reason of mental defect, mental incapacitation or physical
helplessness.
Sodomy in the first degree
is a Class A felony and a Ballot Measure 11 Offense.
ORS 163.408 Unlawful sexual penetration in the second degree.
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.
Class B Felony and a Ballot Measure 11
Offense.
ORS 163.411 Unlawful sexual penetration in the first degree.
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:
(a) The victim is subjected
to forcible compulsion;
(b) The victim is under 12
years of age; or
(c) 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 and a Ballot Measure 11 Offense.
ORS 163.415 Sexual abuse in the third degree.
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.
Sexual abuse in the third
degree is a Class A misdemeanor.
ORS 163.425 Sexual abuse in the second degree.
A person commits the crime of sexual
abuse in the second degree when:
(a) The person subjects
another person to sexual intercourse, deviate sexual intercourse or
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) The person violates ORS
163.415 (1)(a)(B); the person is 21 years of age or older; and at any time
before the commission of the offense, the person was the victim’s coach as
defined in ORS 163.426.
Sexual abuse in the second degree is a Class C felony. Sentence can range from probation with jail to possible prison time.
ORS 163.427 Sexual abuse in the first degree.
A person commits the crime of sexual
abuse in the first degree when that person:
(a) Subjects another person to sexual contact and
:
(A) The victim is less than
14 years of age;
(B) The victim is subjected
to forcible compulsion by the actor; or
(C) The victim is incapable
of consent by reason of being mentally defective, mentally incapacitated or
physically helpless; or
(b) Intentionally causes a
person under 18 years of age to touch or contact the mouth, anus or sex organs
of an animal for the purpose of arousing or gratifying the sexual desire of a
person.
Sexual abuse in the first
degree is a Class B felony and a Ballot Measure 11 Offense.
ORS 163.432 Online sexual corruption of a child in the second degree.
A person commits the crime of online
sexual corruption of a child in the second degree if the person is 18 years of
age or older and:
(a) For the purpose of
arousing or gratifying the sexual desire of the person or another person,
knowingly uses an online communication to solicit a child to engage in sexual
contact or sexually explicit conduct; and
(b) Offers or agrees to
physically meet with the child.
Online sexual corruption of
a child in the second degree is a Class C felony.
ORS 163.433 Online sexual corruption of a child in the first degree.
A person commits the crime of online
sexual corruption of a child in the first degree if the person violates ORS
163.432 and intentionally takes a substantial step toward physically meeting
with or encountering the child.
Class B Felony.
ORS 163.435 Contributing to the sexual delinquency of a minor.
A person 18 years of age or older commits
the crime of contributing to the sexual delinquency of a minor if:
(a) Being a male, he
engages in sexual intercourse with a female under 18 years of age; or
(b) Being a female, she
engages in sexual intercourse with a male under 18 years of age; or
(c) The person engages in
deviate sexual intercourse with another person under 18 years of age or causes
that person to engage in deviate sexual intercourse.
Contributing to the sexual
delinquency of a minor is a Class A misdemeanor.
ORS 163.445 Sexual misconduct.
A person commits the crime of sexual
misconduct if the person engages in sexual intercourse or deviate sexual
intercourse with an unmarried person under 18 years of age.
Class C Misdemeanor.
ORS 163.452 Custodial sexual misconduct in the first degree. A person commits the crime of custodial
sexual misconduct in the first degree if the person:
(a) Engages in sexual
intercourse or deviate sexual intercourse with another person or penetrates the
vagina, anus or penis of another person with any object other than the penis or
mouth of the actor knowing that the other person is:
(A) In the custody of a law
enforcement agency following arrest;
(B) Confined or detained in
a correctional facility;
(C) Participating in an
inmate 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) 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 other person is confined or detained;
(C) Is responsible for
supervising the other person 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 other
person in work or on-the-job training pursuant to ORS 421.354 (1).
Consent of the other person
to sexual intercourse, deviate sexual intercourse or the sexual penetration is
not a defense to a prosecution under this section.
ORS 163.454 Custodial sexual misconduct in the second degree.
A person
commits the crime of custodial sexual misconduct in the second degree if the
person:
(a) Engages in sexual
contact with another person knowing that the other person is:
(A) In the custody of a law
enforcement agency following arrest;
(B) Confined or detained in
a correctional facility;
(C) Participating in an
inmate 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) 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 other person is confined or detained;
(C) Is responsible for
supervising the other person 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 other
person in work or on-the-job training pursuant to ORS 421.354 (1).
Consent of the other person
to sexual contact is not a defense to a prosecution under this section.
Custodial sexual misconduct in the second degree is a Class A misdemeanor.
ORS 163.465 Public indecency.
A person commits the crime of public
indecency if while in, or in view of, a public place the person performs:
(a) An act of sexual
intercourse;
(b) An act of deviate
sexual intercourse; or
(c) An act of exposing the
genitals of the person with the intent of arousing the sexual desire of the
person or another person.
Public indecency is a Class
A misdemeanor. However, public
indecency becomes a Class C felony if the person has a prior conviction for
public indecency or a crime described in ORS 163.355 to ORS 163.445 or for a
crime in another jurisdiction that, if committed in this state, would constitute
public indecency or a crime described in ORS 163.355 to ORS 163.445.
ORS 163.467 Private indecency.
A person commits the crime of private
indecency if the person exposes the genitals of the person with the intent of
arousing the sexual desire of the person or another person and:
(a) The person is in a
place where another person has a reasonable expectation of privacy;
(b) The person is in view
of the other person;
(c) The exposure reasonably
would be expected to alarm or annoy the other person; and
(d) The person knows that
the other person did not consent to the exposure.
Private indecency is a Class A misdemeanor.
ORS 163.684 Encouraging
child sexual abuse in the first degree.
A person commits the crime of encouraging child sexual abuse in the first
degree if the person:
(a)(A) Knowingly develops,
duplicates, publishes, prints, disseminates, exchanges, displays, finances,
attempts to finance or sells any photograph, motion picture, videotape or other
visual recording of sexually explicit conduct involving a child or possesses
such matter with the intent to develop, duplicate, publish, print, disseminate,
exchange, display or sell it; or
(B) Knowingly brings into
this state, or causes to be brought or sent into this state, for sale or
distribution, any photograph, motion picture, videotape or other visual
recording of sexually explicit conduct involving a child; and
(b) Knows or is aware of
and consciously disregards the fact that creation of the visual recording of
sexually explicit conduct involved child abuse.
Encouraging child sexual
abuse in the first degree is a Class B felony.
ORS 163.686 Encouraging
child sexual abuse in the second degree.
A person commits the crime of
encouraging child sexual abuse in the second degree if the person:
(a)(A)(i) Knowingly
possesses or controls any photograph, motion picture, videotape or other visual
recording of sexually explicit conduct involving a child for the purpose of
arousing or satisfying the sexual desires of the person or another person;
or
(ii) Knowingly pays,
exchanges or gives anything of value to obtain or view a photograph, motion
picture, videotape or other visual recording of sexually explicit conduct
involving a child for the purpose of arousing or satisfying the sexual desires
of the person or another person; and
(B) Knows or is aware of
and consciously disregards the fact that creation of the visual recording of
sexually explicit conduct involved child abuse; or
(b)(A) Knowingly pays,
exchanges or gives anything of value to observe sexually explicit conduct by a
child or knowingly observes, for the purpose of arousing or gratifying the
sexual desire of the person, sexually explicit conduct by a child; and
(B) Knows or is aware of
and consciously disregards the fact that the conduct constitutes child abuse.
Encouraging child sexual
abuse in the second degree is a Class C felony.
ORS 163.687 Encouraging
child sexual abuse in the third degree.
A person commits the crime of encouraging
child sexual abuse in the third degree if the person:
(a)(A)(i) Knowingly
possesses or controls any photograph, motion picture, videotape or other visual
recording of sexually explicit conduct involving a child for the purpose of
arousing or satisfying the sexual desires of the person or another person;
or
(ii) Knowingly pays,
exchanges or gives anything of value to obtain or view a photograph, motion
picture, videotape or other visual recording of sexually explicit conduct
involving a child for the purpose of arousing or satisfying the sexual desires
of the person or another person; and
(B) Knows or fails to be
aware of a substantial and unjustifiable risk that the creation of the visual
recording of sexually explicit conduct involved child abuse; or
(b)(A) Knowingly pays,
exchanges or gives anything of value to observe sexually explicit conduct by a
child or knowingly observes, for the purpose of arousing or gratifying the
sexual desire of the person, sexually explicit conduct by a child; and
(B) Knows or fails to be
aware of a substantial and unjustifiable risk that the conduct constitutes child
abuse.
Encouraging child sexual
abuse in the third degree is a Class A misdemeanor.
ORS 163.688 Possession of
materials depicting sexually explicit conduct of a child in the first degree.
A person commits the crime of possession of materials depicting sexually
explicit conduct of a child in the first degree if the person:
(a) Knowingly possesses any
visual depiction of sexually explicit conduct involving a child or any visual
depiction of sexually explicit conduct that appears to involve a child; and
(b) Uses the visual
depiction to induce a child to participate or engage in sexually explicit
conduct.
Possession of materials
depicting sexually explicit conduct of a child in the first degree is a Class B
felony.
ORS 163.689 Possession of
materials depicting sexually explicit conduct of a child in the second degree.
A person commits the crime of possession
of materials depicting sexually explicit conduct of a child in the second degree
if the person:
(a) Knowingly possesses any
visual depiction of sexually explicit conduct involving a child or any visual
depiction of sexually explicit conduct that appears to involve a child; and
(b) Intends to use the
visual depiction to induce a child to participate or engage in sexually explicit
conduct.
Possession of materials
depicting sexually explicit conduct of a child in the second degree is a Class C
felony.
ORS 163.693 Failure to
report child pornography.
A person commits the crime of failure to
report child pornography if the person, in the course of processing or producing
a photograph, motion picture, videotape or other visual recording, either
commercially or privately, has reasonable cause to believe that the visual
recording being processed or produced, or submitted for processing or
production, depicts sexually explicit conduct involving a child and fails to
report that fact to the appropriate law enforcement agency.
| Did you know that school age children commonly commit the crime of encouraging child sexual abuse and / or using a child in a display of sexually explicit conduct? Using cell phone cameras and other digital devices, children (persons under the age of 18) photograph one another in a state of undress or while engaged in sexual acts. The photographs are often shown (displayed) to other individuals over and over. |
How are child porn (encouraging child sex abuse) crimes typically investigated?
Law enforcement officers monitor file sharing sites. When they observe an IP address accessing child pornography, they contact / subpoena the internet service provider (ISP) to see which household uses that IP address. Once they determine who the address belongs to, they apply for a search warrant for the owner's computer and residence. If child porn is found on the computer, felony charges follow.
Other times, a person discovers child porn on a computer / hard drive of another and then contacts law enforcement. Law enforcement then obtains a warrant to seize and search the computer. Usually charges of encouraging child sexual abuse follow.
What penalties might I face if convicted of a sex crime?
Many felony sex offenses are Ballot Measure 11 crimes and come with length mandatory minimum prison sentences if you're convicted of the offense. The prison sentence is followed by a period of post prison supervision (parole).
With some lesser type sex crimes, you will face a jail sentence but not a prison term. These convictions often come with a period of probation generally lasting for two to five years. Along with the standard conditions of probation, there will be a number of conditions of any sex offense probation including
successfully completing a sex offender treatment program approved by the supervising officer and submitting to polygraph examinations at the direction of the supervising officer.
In rare cases, persons with prior sex crimes convictions face a possible life sentence under ORS 137.719.
The police have asked me to take a polygraph examination. Should I do it?
As a general rule, no. Your attorney may suggest that you take a private polygraph exam at a later time. Taking a law enforcement polygraph comes with an unacceptable level of risk and should be avoided.
What is a psycho-sexual evaluation?
A psycho-sexual evaluation is a psychological assessment done by a trained professional that evaluates an individual suspected of sexual misconduct. The evaluator attempts to determine an individual's risk to the community; need for treatment; and amenability to treatment and / or supervision. An evaluator may employ interview(s), psychological testing, polygraphs, plethysmograph testing, police reports, and criminal history in the evaluation.
A psycho-sexual evaluation might be requested by your lawyer for use in negotiations with the District Attorney's Office or an evaluation might be sought by DHS or the Department of Community Corrections (parole / probation department).
Will I have to register as a sex offender?
If you are convicted for a sex offense in Oregon, you will likely have to register as a sex offender. [There are a few notable exceptions.] The registration requirement often lasts for the convicted person's lifetime.
If required to report as a sex offender under Oregon law, you will have to report with the Department of State Police, a city police department, a county sheriff’s office or the supervising agency:-
When supervision (probation / post-prison) begins;
-
Within 10 days of a change in residence;
-
Once each year within 10 days of the probationer’s date of birth;
-
Within 10 days of the first day the person works at, carries on a vocation at or attends an institution of higher education; and
-
Within 10 days of a change in work, vocation or attendance status at an institution of higher education.
Can I expunge or seal a conviction for a sexual offense?
Sex crime convictions generally cannot be sealed or expunged under Oregon law. If your case is completely dismissed or you are found not guilty of all charges at trial, then you may be able to seal the record of arrest.
How do I contact David Lesh for help with my sex case?
Mr. Lesh does not charge for an initial consultation. Call his office at 503.546.2928 to speak with him. Mr. Lesh's law firm is located at 434 NW 19th Avenue in Portland.
David N Lesh
Oregon Sex Crimes Defense Attorney
Former Oregon sex crime prosecutor
No cost initial consultation
503.546.2928
434 NW 19th Avenue
Portland, OR 97209
David Lesh Mini Biography
Oregon attorney since 1990;
Former sex crimes prosecutor;
Former lawyer to the Portland Police;
Sought after criminal defense attorney.
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