Sexual Misconduct Defense Attorney

Facing sexual misconduct charges in Oregon is a serious matter with potentially life-altering consequences. These charges can result in severe penalties, including imprisonment, fines, and mandatory registration as a sex offender, all of which can significantly impact your personal and professional life. Understanding the specific statutes and legal definitions of sexual misconduct is crucial for anyone accused of these crimes.

Jason Thompson, a dedicated sex crime attorney, is committed to providing a robust defense for individuals accused of sexual misconduct and he understands the complexities of these cases and the importance of protecting your rights. If you are facing sexual misconduct charges, it is essential to seek legal representation immediately. A knowledgeable sex crime lawyer can help navigate the legal system, gather crucial evidence, and develop a strong defense strategy tailored to your unique situation. Early legal intervention from an experienced sex crime legal firm can make a significant difference in the outcome of your case, helping to mitigate potential penalties and safeguard your future.

Understanding Sexual Misconduct Charges in Oregon

Sexual misconduct in Oregon includes several unlawful behaviors involving inappropriate sexual activities. These offenses are defined by the state statutes below and encompass engaging in sexual activities with minors and violations within custodial settings. Understanding these laws is crucial for those accused of such crimes.

Sexual Misconduct
ORS 163.445

A person can be charged with sexual misconduct under ORS 163.445 if they have sexual intercourse, oral, or anal sexual intercourse with an unmarried individual who is under 18 years of age, resulting in a Class C misdemeanor charge. A conviction for sexual misconduct under this statute can lead to penalties including fines and jail time, reflecting the seriousness with which Oregon law treats the protection of minors. ORS 163.445 states:

A person commits the crime of sexual misconduct if the person engages in sexual intercourse or oral or anal sexual intercourse with an unmarried person under 18 years of age.
Sexual misconduct is a Class C misdemeanor.
https://oregon.public.law/statutes/ors_163.445

Custodial sexual misconduct in the first degree
ORS 163.452

Custodial sexual misconduct in the first degree, defined under ORS 163.452, occurs when a person in a position of authority, such as a law enforcement officer or correctional facility employee, engages in sexual intercourse or deviates sexual intercourse with a person in custody. This is a Class C felony, reflecting the severe breach of trust and power dynamics involved. Convictions can lead to substantial prison time and other penalties. Here is the full text of ORS 163.452:

A person commits the crime of custodial sexual misconduct in the first degree if the person:
1. 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:
  1. In the custody of a law enforcement agency following arrest;
  2. Confined or detained in a correctional facility;
  3. Participating in an inmate or offender work crew or work release program; or
  4. On probation, parole, post-prison supervision or other form of conditional or supervised release; and
2. Is employed by or under contract with the state or local agency that:
  1. Employs the officer who arrested the other person;
  2. Operates the correctional facility in which the other person is confined or detained;
  3. 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
  4. Engages the other person in work or on-the-job training pursuant to ORS 421.354 (Authority of Oregon Corrections Enterprises)
    https://oregon.public.law/statutes/ors_421.354.
Consent of the other person to sexual intercourse, oral or anal sexual intercourse or the sexual penetration is not a defense to a prosecution under this section.
Lack of supervisory authority over the other person is an affirmative defense to a prosecution under this section when the other person is on probation, parole, post-prison supervision or other form of conditional or supervised release.
Custodial sexual misconduct in the first degree is a Class C felony.
https://oregon.public.law/statutes/ors_163.452

Custodial sexual misconduct in the second degree
ORS 163.454

Custodial sexual misconduct in the second degree under ORS 163.454 is committed when a person in a position of authority subjects another person in custody to sexual contact without their consent. Unlike the first degree, this does not involve intercourse but still constitutes a serious violation of professional and legal boundaries. This offense is classified as a Class A misdemeanor, with potential penalties including fines and imprisonment. Here is the full text of ORS 163.454:

A person commits the crime of custodial sexual misconduct in the second degree if the person:
1. Engages in sexual contact with another person knowing that the other person is:
  1. In the custody of a law enforcement agency following arrest;
  2. Confined or detained in a correctional facility;
  3. Participating in an adult in custody or offender work crew or work release program; or
  4. On probation, parole, post-prison supervision or other form of conditional or supervised release; and
2. Is employed by or under contract with the state or local agency that:
  1. Employs the officer who arrested the other person;
  2. Operates the correctional facility in which the other person is confined or detained;
  3. 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
  4. Engages the other person in work or on-the-job training pursuant to ORS 421.354 (Authority of Oregon Corrections Enterprises)
    https://oregon.public.law/statutes/ors_421.354.
Consent of the other person to sexual contact is not a defense to a prosecution under this section.
Lack of supervisory authority over the other person is an affirmative defense to a prosecution under this section when the other person is on probation, parole, post-prison supervision or other form of conditional or supervised release.
Custodial sexual misconduct in the second degree is a Class A misdemeanor.
https://oregon.public.law/statutes/ors_163.454.

When facing sexual misconduct charges, swift and expert legal assistance is crucial. With a commitment to defending his clients’ rights, Mr. Thompson will utilize every available approach possible from within his legal toolbox. Call or contact the best sex crime attorney in Salem Oregon - Thompson Law - immediately for your strongest possible defense in the courtroom.

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"Jason was a great lawyer, he is not afraid to go to trial and that should not worry you. He is not the cheapest lawyer but he will do what it takes. He will also tell you how it is and Will not try to make you feel good or pamper You, he is a straight shooter. I would recommend him every time in Oregon."
JD

"Jason came highly recommended when I needed a criminal defense attorney. I am so thankful for what he had done in my case. He was able to get the charges dropped and my case dismissed. "
Sherry

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Karl

Sexual Misconduct Defense Attorney

Understanding Sexual Misconduct Charges in Oregon

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