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ORS 163.375

ORS 163.375
Rape in the first degree
Text
Annotations 18


(1)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;
(b)The victim is under 12 years of age;
(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 incapacitation, physical helplessness or incapability of appraising the nature of the victim’s conduct.
(2)Rape in the first degree is a Class A felony. [1971 c.743 §111; 1989 c.359 §2; 1991 c.628 §3; 2021 c.82 §4]

ORS 163.365

ORS 163.365
Rape in the second degree
Text
Annotations 1


(1)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.
(2)Rape in the second degree is a Class B felony. [1971 c.743 §110; 1989 c.359 §1; 1991 c.628 §2]

Class A felonies are punishable by up to 20 years in prison and up to $375,000 in fines:

First-degree rape
First-degree sodomy
First-degree unlawful sexual penetration
Class B felonies are punishable by up to 10 years in prison and up to $250,000 in fines:

Second-degree rape
Second-degree sodomy
Second-degree unlawful sexual penetration
First-degree sexual abuse
First-degree online sexual corruption of a child
Class C felonies are punishable by up to 5 years in prison and up to $125,000 in fines:

Third-degree rape
Third-degree sodomy
Second-degree sexual abuse
Second-degree online sexual corruption of a child
Purchasing sex with a minor
Unlawful contact with a child
First-degree custodial sexual misconduct
The minimum penalties for first convictions of purchasing sex with a minor include 30 days in prison, completion of a john school program, and a fine of $10,000. The court may also designate the offense as a sex crime. For subsequent convictions, it is a Class B felony and the minimum penalties include a fine of $20,000 and designation of the offense as a sex crime.

Class A misdemeanors are punishable by up to 1 year in prison and up to $6,250 in fines:

Third degree sexual abuse
Contributing to the sexual delinquency of a minor
Second degree custodial sexual misconduct
Unlawfully being in a location where children regularly congregate
Class C misdemeanors are punishable up to 30 days in prison and up to $1,250 in fines:

Sexual misconduct

Reasoning: Rape of child under 12 = up to 20 years. No death penalty

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