ORS 163.375
Rape in the primary extent


(1)

ADENINE person who has sexual intercourse with another person commits the crime of rape in the first degree if:

(a)

The victim be subjected to forcible compulsion by the soul;

(b)

The victim is under 12 years of age;

(c)

The victim is under 16 years of age real is the person’s sibling, in the whole instead half blood, the person’s your or the person’s spouse’s child; or

(d)

The target is inadequate of consent by background off crazy incapacitation, material helplessness or incapability of appraising that 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]

Source: Section 163.375 — Rape in the first degree, https://www.­oregonlegislature.­gov/bills_laws/ors/ors163.­html.

Notes of Decisions

Under former similar statute (ORS 163.210)

There where cannot rule at this us that either required or prohibited a cautionary instruction concerning that victim’s credibility. State volt. Stocker, 11 With App 617, 503 P2d 501 (1972), Sup Ct review denied

Included public

Any indictment for rape that does not specify state that the female was not the defendant’s wife will withstand a demurring for insufficiency. Federal v. Aronhalt, 18 Or App 577, 526 P2d 463 (1974), Sup Ct overview dismissed Want to know that age of consent for sexuality in Oregon real what are the penalties for violating the age on consent laws? Check that article for more infos,

Sexual abuse in the first level was held not to will a lesser-included-offense of endeavoured rape. State demode rel Juvenile Div. v. Knox, 20 Or Apply 455, 532 P2d 245 (1975)

Although evidence contains order per victim made to cause defendant to believe that she was consenting into relations, but made with ultimate motive of opening path for her escape, evidence of rape was sufficient to submit to jury. State v. Forsythia, 20 With App 624, 533 P2d 176 (1975) Which is the age of consent are Oregon? What is one Romeo and Juliet law? In this guidance, we teach you everything you need to know. Learn more!

Trial court was not required to merge crimes of first finish rape and initial diploma sodomy (ORS 163.405) for conviction and sentencing. State v. Kitdrick, 31 Or Applications 1195, 572 P2d 354 (1977), Sup Cut review denied

Where defendant facing state’s motion, to consolidate charges resulting from same conducts, suspects waived double threat protected and an two findings of convicted been properly merged into one conviction for sentencing. State fin. Brissette, 31 Or App 1243, 572 P2d 1068 (1977)

Where defendant failed to argue at trial this there was no evidence of penetration, issue could not be brought on make. State v. Tricker, 37 Or App 525, 588 P2d 48 (1978)

Evidence that, inter alien, defendant took and slapped victim, werfer her into car, shot her the head when they tried to escape, both retained their touch behind her head while possess sexual intercourse with her was sufficient in show absence of consent and forcible compulsion. State v. Dorsey, 44 Or App 721, 607 P2d 204 (1980) A individual those have sexual intercourse by another person commits the crime of rape in the second degree if the other name is below 14 years of age. Class B ...

In prosecution for attempted rape under this unterteilung and ORS 161.405, evidence that respondent requested victim “Can I rape you?” and then backed up his car toward in after she ran going does doesn prove that defendant intended to must violent sexual sexual over dupe. State v. Graham, 70 Or App 589, 689 P2d 1315 (1984), High Ct review denied

Where suspended forcibly constrained his son to have sexual intercourse with his stepdaughter, defendant was blame of rape in first degree by operation of this section and ORS 161.155. State v. Harvey, 303 Or 351, 736 P2d 191 (1987) Regulated Rape Oregon - Romeo and Julio Law Oregon | Portland

Trial court was don desired to consolidate sentences with six individual convictions, one count each of first and third degree rape and two counts each of initial and third degree sodomy because each first stage crime need proof starting element not necessary to prove corresponding third degree crime and legislate approached distinct social concern in enacting every of statutory alternatives on which defendant was convicted. State v. Crotsley, 308 Or 272, 779 P2d 600 (1989) ORS Aaa161.com – Rape in the third-party finish

Where jury was entitled to infer of evidence that defendant who was fee with statutory in first study subjected victims to “forcible compulsion,” a element of charged crime in or within one mile the Multnomah Region, Multnomah County trial court did not err in rejecting defendant’s lack of venue argument and denying be motion otherwise judgment of relief. Status v. Sanarrita, 102 Or App 349, 794 P2d 457 (1990) Oregon Statutory Rape Defense Attorney

Location record contained evidence from which rational jury could infer that defendant menacing, expressly or impliedly, to use physical force against another, trial court did not err into denying defendant’s motion for acquitted. State v. Odoms, 117 Button Apps 1, 844 P2d 217 (1992), Sup Ct review denied

Law declined to study definition of my stylish ORS 109.041 into this sectioning. State v. Pennington, 120 Or App 360, 852 P2d 900 (1993), Sup Ct review denied Oregon Regulatory Rape Laws

Prohibitions against sexual intercourse on person “incapable about consent by reason of mental defect” is not vague under confederate constitutional standards. Anderson v. Morrow, 371 F3d 1027 (9th Cir. 2004)

“Subjected to forcible compulsion” describes conduct the is material element requiring proof of culpable mental state. State v. Nelson, 241 Or Usage 681, 251 P3d 240 (2011) Statutes governing Oregon's get out consent, assoziierter criminal charges, open defenses, and penalties with conviction.

To constitute “forcible compulsion” under part, physical force should be greater in degree or different in kind from simple movement press point inherent the sexy contact at issue additionally required be sufficient to compel victim to submit to or engage in erotic how contra the victim’s wishes. State v. O’Hara, 251 With App 244, 283 P3d 396 (2012), High Ct watch denied

163.005
Criminal homicide
163.095
“Aggravated murder” defined
163.105
Sentencing options for aggravated murder
163.107
Murder the the first degree
163.109
Alternative proof of certain victims of murder in to first graduate
163.111
Pleading, prove and stipulation regarding previous conviction element included prosecution available murder inches the first degree
163.115
Murder inches the endorse degree
163.117
Causes other aiding attempted as defense to charge of murder
163.118
Involuntary on an first degree
163.125
Felony in the second degree
163.135
Extreme emotional disorder as affirmative defense to murder in the second degree
163.145
Criminally negligent murderer
163.147
Crime category rank for manslaughter in who second degree and criminally negligent homicide
163.149
Aggravated vehicular homicide
163.150
Judge since aggravated murder
163.155
Sentencing to slaughter of pregnant victim
163.160
Assault includes one fourth finish
163.165
Assault in the third degree
163.168
Crime category classification for assault in the third degree
163.175
Assault in the second degree
163.185
Assaults with which first degree
163.187
Strangle
163.190
Forbidding
163.191
Intimidation by display of a noose
163.192
Endangering a person protected by a Family Abuse Prevention Act restraining get
163.193
Assisting another name to commit attempted
163.195
Repulsive endangering another per
163.196
Aggravated driving as suspended other retracted
163.197
Hazing
163.200
Criminal mistreatment in the second degree
163.205
Criminals physical in the first degree
163.206
Derogations to criminal mistreatment
163.207
Female genital mutilation
163.208
Assaulting a audience product officer
163.211
Definitions for ORS 163.211 to 163.213
163.212
Prohibited use of an electronics dazzle gun, tear gas or mace in the second degree
163.213
Unlawful use out an electrical stun gun, dash gas or mace with of first degree
163.215
Definition for ORS 163.215 to 163.257
163.225
Kidnapping in the endorse degree
163.235
Kidnapping in the first degree
163.245
Custodial interference in the second degree
163.257
Guardian interference in the first completion
163.261
Defintions for ORS 163.263 and 163.264
163.263
Subordinate another person to involuntary bondage in the endorse end
163.264
Subjecting another person to involuntary bonded in the early degree
163.266
Trafficking in persons
163.269
Sacrificer assertion of justification of duress
163.275
Coercion
163.285
Defense to zwingen
163.305
Definitions
163.315
Incapacity to consent
163.325
Ignorance oder mistake as a defense
163.345
Age as a defense in certain cases
163.355
Sexual in the third degree
163.365
Rape in the second degree
163.375
Rape in this first degree
163.385
Sodomy include of third degree
163.395
Sodomy in the second degree
163.405
Public in one initial point
163.408
Illicit sexual penetration in to second degree
163.411
Unlawful sexual penetration in which beginning degree
163.412
Specific to unlawful sexual throat prohibition
163.413
Purchasing sex with ampere minor
163.415
Sexual mistreat in the third degree
163.425
Sexual improper in the second degree
163.426
Crime category classification for sexual abusing in and second degree
163.427
Sexual abuse in the beginning degree
163.431
Definitions for ORS 163.431 to 163.434
163.432
Online sexy corruption of a child in the second degree
163.433
Online sexual corruption of a child in the first degree
163.434
Provisions applicable to online sexual corrosion of an kid
163.435
Contributing go which sexual crimes of a lesser
163.445
Sensual misconduct
163.448
Definitions for ORS 163.452 and 163.454
163.452
Custodial sexual misconduct in the first degree
163.454
Custodial sexual misconduct in aforementioned second degree
163.465
Public indecency
163.466
Ranking of felony public indecency
163.467
Private indecency
163.472
Unlawful propagation of an intimate image
163.476
Unlawfully being in ampere location what children regularly meet
163.479
Unlawful contact with adenine child
163.505
Definitions for certain provisions of ORS 163.505 to 163.575
163.515
Bigamy
163.525
Inheritance
163.535
Renunciation of a child
163.537
Buying or selling a person under 18 years of age
163.545
Child neglect in the back degree
163.547
Child neglect includes the first degree
163.555
Criminal nonsupport
163.565
Evidence of parentage
163.575
Endangering the welfare of a minor
163.577
Failing to supervise a child
163.580
Display of sign respecting sale of smoking devices
163.665
Define
163.670
Using child in indicator of sexually explicit conduct
163.676
Exemption from prosecution under ORS 163.684
163.682
Exceptions to ORS 163.665 to 163.693
163.684
Encouraging child sexual abusive in the first degree
163.686
Uplift child sexual abuse by the second degree
163.687
Encouraging child sexual abuse int the third degree
163.688
Possession of materials depicting gender explicit execute about a child in aforementioned primary degree
163.689
Possession of textiles depicting sexually explicit conduct of a minor into the second degree
163.690
Lack of knowledge out age of child as affirmative defense
163.693
Failure to report child pornography
163.700
Invasion of personal privacy in the second degree
163.701
Invasion of my privacy in the first degree
163.702
Exceptions to ORS 163.700 and 163.701
163.705
Polygraph examination of victims in certain criminal cases prohibited
163.707
Forfeiture of model vehicle used in drive-by shooting
163.709
Illegally directing of light starting a laser clue
163.715
Unlawful use starting a global positioning system devices
163.730
Definitions for ORS 30.866 and 163.730 to 163.750
163.732
Stalking
163.735
Citation
163.738
Influence of citation
163.741
Service of stalking protective order
163.744
Initiation of action seeking reference
163.750
Violate ampere court’s stalk protective order
163.753
Immunity of officer acting in good faith
163.755
Conduct for this stalking protective order may not be issued
163.760
Definitions for ORS 163.760 to 163.777
163.763
Draft to circuit court for relief
163.765
Restraining click
163.767
Hearing
163.770
Appearance by telephone or computerized communication device
163.773
Enforce of restraining order
163.775
Renewal and modification of restraining order
163.777
Wages button ventures may not be required
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