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OREGON UNLAWFUL SEXUAL PENETRATION LAWS


David N Lesh

Oregon Criminal Defense Attorney
Oregon Super Lawyer 2018 and 2019

Call today:  (503) 546-2928
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WHAT IS UNLAWFUL SEXUAL PENETRATION IN THE SECOND DEGREE IN OREGON? 

   ORS 163.408 Unlawful sexual penetration in the second degree.

  (1) Except as permitted under ORS 163.412, 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.

   (2) Unlawful sexual penetration in the second degree is a Class B felony. [1981 c.549 §2; 1989 c.359 §5; 1991 c.386 §1]

WHAT IS UNLAWFUL SEXUAL PENETRATION IN THE SECOND DEGREE IN OREGON? 

   ORS 163.411 Unlawful sexual penetration in the first degree.

  (1) Except as permitted under ORS 163.412, 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.

   (2) Unlawful sexual penetration in the first degree is a Class A felony. [1981 c.549 §3; 1989 c.359 §6; 1991 c.386 §2] 

   ORS 163.412 Exceptions to unlawful sexual penetration prohibition.

Nothing in ORS 163.408, 163.411 or 163.452 prohibits a penetration described in those sections when:

   (1) The penetration is part of a medically recognized treatment or diagnostic procedure; or

   (2) 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. [1981 c.549 §4; 2005 c.488 §5]



Both of the above charges are Ballot Measure 11 charges with lengthy mandatory minimum sentences if convicted.  If convicted, Oregon law requires sex offender registration.

 


"I defend and help people facing assault charges in the Portland metro area. 
Call me today at 503.546.2928 for immediate assistance with your assault case."

Twenty eight years as an Oregon attorney
Former Multnomah County assault prosecutor
Former deputy city attorney assigned to the Portland Police Bureau

2018 and 2019 Oregon Super Lawyer
Highly Rated


"Should you hire me to represent you, I will be your lawyer and point of contact.
I don't use-low level associates, paralegals, legal assistants, or case managers.
I personally respond to your phone calls and emails; I meet with you; I appear with you in court."



Websites, including this one, provide general information but do not provide legal advice or create a lawyer / client relationship.  Consult qualified Oregon assault lawyers / attorneys for advice about any specific charge that you face.  Oregon defense lawyers are governed by the Oregon Code of Professional Responsibility.  This website may be considered an advertisement for services under the Code of Professional Responsibility.  Information contained in this website is believed to be accurate but is not guaranteed or warranted in any way.  By David N Lesh, info@davidlesh.net.   All reviews and testimonials on this site are real and were unsolicited. 

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David Lesh provides Oregon assault defense assistance to the communities of:  Portland Ore., Portland OR, NW Northwest, SW Southwest, SE Southeast, NE Northeast, and N North; Gresham; Beaverton; Hillsboro; Lake Oswego; McMinnville; Oregon City; Tualatin; West Linn; Milwaukie; Wilsonville; Troutdale; and Multnomah County; Clackamas Counties.  Read our privacy statement.  Mr. Lesh accepts American Express, Discover, Visa and MasterCard credit cards / card.  Copyright 2019, 2018, 2017, 2016, 2015, 2014, 2013, 2012, 2011, 2010, 2009, 2008, 2007.