Age as a Defense in Sex Crimes

CRIME VICTIMS UNITED


From the 1998 Criminal Code of Oregon:

163.345 Age as a defense in certain cases.

(1) In any prosecution under ORS 163.355, 163.365, 163.385, 163.395, 163.415, 163.425 or 163.427 in which the victim's lack of consent was due solely to incapacity to consent by reason of being less than a specified age, it is a defense that the actor was less than three years older than the victim at the time of the alleged offense.

(2) In any prosecution under ORS 163.408, when the object used to commit the unlawful penetration was the hand or any part thereof of the actor and in which the victim's lack of consent was due solely to the incapacity to consent by reason of being less than a specified age, it is a defense that the actor was less than three years older than the victim at the time of the alleged offense.


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