Sex Crimes Attorney in the State of Oregon

Sex crimes, whether misdemeanors or felonies, carry with them extremely negative connotations in Oregon. Having experienced counsel in your corner from the first moment you or a loved one hears of the allegations can make all the difference in the world.

Jason Thompson has counseled hundreds of people over his career regarding these types of allegations and situations. You want the best sex crimes attorney you can find.

Why Jason Thompson should represent me?

Most sex crimes, specifically Class A and Class B felonies, are Ballot Measure 11 offenses which require large bail. If you have posted bail it is vital you abide by the release conditions without exception. Working as an Oregon sex crimes lawyer in Salem, Mr. Thompson has extensive experience in handling cases of this sort from investigation, to litigation, to mitigation, to appeal. Oftentimes, Mr. Thompson will assist clients in these types of cases by putting together a team of experts that, collectively, put his clients in the best position for purposes of negotiation, litigation, and mitigation. And given the many changes to sex offender registration in Oregon over the last couple of years, resolving these cases with registration effects in mind is important too. Jason Thompson is the experienced sex crimes attorney you need. These are sensitive subjects and will be handled with compassion and care while finding the best defense strategy you can have.

What are some of the most common sex crimes in Oregon?

Rape

Rape in the third degree
(Rape 3)

ORS 163.355

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. Sentence can range from probation with jail to a prison term. Example: A 20 year old has sexual intercourse with a 15 year old.

Rape in the second degree
(Rape 2)

ORS 163.365

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. Sentence usually involve a significant prison sentence. Example: A 19 year old has sexual intercourse with a 13 year old.

Rape in the first degree
(Rape 1)

ORS 163.375

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. Sentence can range from 100 to 300 months in prison.

Sodomy

Sodomy in the third degree
(Sodomy 3)

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. Deviate sexual intercourse is typically oral sex. Class C Felony. Sentence can range from probation with jail to a prison term.

Sodomy in the second degree
(Sodomy 2)

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. Class B Felony and a Ballot Measure 11 Offense. Sentence usually involves a significant prison sentence.

Sodomy in the first degree
(Sodomy 1)

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:

(a) The victim is subjected to forcible compulsion by the actor; or

(b) The victim is under 12 years of age; or

(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. Sentence can range from 100 to 300 months in prison.

Unlawful Sexual Penetration

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. Class B Felony and a Ballot Measure 11 Offense. Sentence usually involves a significant prison sentence.

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:

(a) The victim is subjected to forcible compulsion; or

(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. Sentence can range from 100 to 300 months in prison.

Sexual Abuse

Sexual abuse in the third degree
(Sex Abuse 3)

ORS 163.415

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. Sentence usually involves probation and possible jail time.

Sexual abuse in the second degree
(Sex Abuse 2)

ORS 163.425

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.

Sexual abuse in the first degree
(Sex Abuse 1)

ORS 163.427

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; or

(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. Sentence usually results in a significant prison sentence.

Child Pornography Related Offenses

Using a Child in Display of a Sex Act
ORS 163.670

Using a child in a display of a sex act is a Ballot Measure 11 sentence of 70 months.

Online sexual corruption of a child in the second degree
ORS 163.432

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.

Online sexual corruption of a child in the first degree
ORS 163.433

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.

Contributing to the sexual delinquency of a minor
ORS 163.435

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.

Encouraging child sexual abuse in the first degree
ORS 163.684

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. This offense and encouraging child sex abuse in the second degree (below) are most often seen when a person accesses / downloads child porn on the internet. Sentences range from probation with local jail to prison terms.

Encouraging child sexual abuse in the second degree
ORS 163.686

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.

Encouraging child sexual abuse in the third degree
ORS 163.687

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.

Possession of materials depicting sexually explicit conduct of a child in the first degree
ORS 163.688

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.

Possession of materials depicting sexually explicit conduct of a child in the second degree
ORS 163.689

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.

Failure to report child pornography
ORS 163.693

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. Class A Misdemeanor.

Sexual Misconduct

Sexual misconduct
ORS 163.445

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.

Custodial sexual misconduct in the first degree
ORS 163.452

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. Custodial sexual misconduct in the first degree is a Class C felony.

Custodial sexual misconduct in the second degree
ORS 163.454

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.

Indecency

Public indecency
ORS 163.465

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; or

(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.

Private indecency
ORS 163.467

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.

Prostitution

Prostitution
ORS 167.007

A person commits the crime of prostitution if the person engages in, or offers or agrees to engage in, sexual conduct or sexual contact in return for a fee. Prostitution is a Class A misdemeanor.

It is an affirmative defense to prosecution under this section that the defendant, at the time of the alleged offense, was a victim of the crime of trafficking in persons as described in ORS 163.266 (Trafficking in persons) (1)(b) or (c). [1971 c.743 §250; 1973 c.52 §1; 1973 c.699 §6; 2011 c.151 §1; 2017 c.246 §1]

Commercial Sexual Solicitation
ORS 167.008

A person commits the crime of commercial sexual solicitation if the person pays, or offers or agrees to pay, a fee to engage in sexual conduct or sexual contact.

(2)Commercial sexual solicitation is a Class A misdemeanor. [2011 c.151 §3; 2013 c.720 §2; 2015 c.98 §1]

Promoting Prostitution
ORS 167.012

A person commits the crime of promoting prostitution if, with intent to promote prostitution, the person knowingly:

(a)Owns, controls, manages, supervises or otherwise maintains a place of prostitution or a prostitution enterprise;

(b)Induces or causes a person to engage in prostitution or to remain in a place of prostitution;

(c)Receives or agrees to receive money, goods, property, services or something else of value, other than as a prostitute being compensated for personally rendered prostitution services, pursuant to an agreement or understanding that the money, goods, property, services or something else of value is derived from a prostitution activity; or

(d)Engages in any conduct that institutes, aids or facilitates an act or enterprise of prostitution.

(2)Promoting prostitution is a Class C felony. [1971 c.743 §251; 2016 c.10 §1]

Compelling Prostitution
ORS 167.017

(1)A person commits the crime of compelling prostitution if the person knowingly:

(a)Uses force or intimidation to compel another to engage in prostitution or attempted prostitution;

(b)Induces or causes a person under 18 years of age to engage in prostitution;

(c)Aids or facilitates the commission of prostitution or attempted prostitution by a person under 18 years of age; or

(d)Induces or causes the spouse, child or stepchild of the person to engage in prostitution.

(2)Compelling prostitution is a Class B felony.

(3)In a prosecution under subsection (1)(b) or (c) of this section, the state is not required to prove that the defendant knew the other person was under 18 years of age and it is no defense that the defendant did not know the person’s age or that the defendant reasonably believed the person to be older than 18 years of age. [1971 c.743 §252; 2011 c.334 §1; 2013 c.271 §1]