Oregon Sex Offenses and Why They are Different

In Oregon, a person who is convicted of any unlawful sexual activity is guilty of a sex offense. Sex offenses, though classified as felonies or misdemeanors, have stiffer sanctions than other criminal acts. This is because these crimes have a more negative social impact and threaten the security of Oregon communities. An adult or juvenile convicted of a sex crime in an Oregon Court is called a sex offender (ORS 163A.005(6)) and liable to extensive jail/prison sentences and fines, depending on the crime’s severity. The prison sentences imposed for sex offenses involving children are usually more severe. Additional penalties for convicted persons include driving, living, working, or migrating restrictions, and sex offender registration for several years or a lifetime.

What is an Oregon Sex Crime?

Oregon laws define several sex crimes under Vol. 4 Criminal Procedure, Crimes (ORS 131 to 169), including penalties and restrictions that sex offenders are subject to. In the state, a “sex crime” means rape, sodomy, unlawful sexual penetration, and sexual abuse in any degree, public/private indecency, sexual assault of an animal, trafficking in persons, burglary with intent to commit a sex crime, unlawful contact with a child, and other crimes listed under ORS 163A.005(5).

What are the Different Types of Sex Offenses?

ORS Chapter 163 outlines the different types of sexual offenses in Oregon. The penalties for these offenses vary by the age of the victim, harm/injury inflicted on the victim, and the severity or nature of the offense:

• Rape:
  • Rape in the 1st degree: 1st-degree rape occurs when a person has sexual intercourse with another and:
    • There is forcible compulsion involved, as defined by ORS 163.305(1)
    • The victim is under 12 years old, under age 16, is the perpetrator’s sibling (full or half-sibling), child, or a spouse’s child, or is legally incapable of giving consent

1st-degree rape is a Class A felony. Offenders are subject to a minimum prison sentence of 25 years. The minimum sentence is 100 months for all conditions above except when the victim is under 12 years old.

• Rape in the 2nd degree: Having sexual intercourse with another individual who is below 14 years old. It is categorized as a Class B felony and punishable under ORS 137.700 with a minimum jail sentence of 75 months for adult offenders and minors transferred to adult court
• Rape in the 3rd degree: Sexual intercourse with an individual under age 16. It is a Class C felony
• Sodomy:
  • Sodomy in the 1st degree: Having or causing another individual to have oral or anal sexual intercourse with another person under the following conditions:
    • By forcible compulsion, that is using physical force or threatened physical injury ( defined by ORS 163.305(1))
    • With person below the ages of 12 and 16 and who is the perpetrator’s sibling (full or half-blood), child, or a spouse’s child
    • With a victim who is mentally ill or physically helpless

Sodomy is a Class A felony punishable with a minimum jail sentence of 25 years or 300 months. Typically, all sodomy-related crimes When the crime happened under the conditions stated above apart from involving a child victim under 12, the minimum sentence is 100 months for an adult offender.

• Sodomy in the 2nd degree: Engaging in, or causing another individual to engage in, oral or anal sexual intercourse with a person under 14 years of age. It is a Class B felony. The minimum sentence for this offense is 75 months for adult offenders and juvenile offenders transferred to adult court
• Sodomy in the 3rd degree: Having, or causing another person to have, sexual intercourse (anal or oral) with a person below the age of 16. 3rd-degree sodomy is a Class C felony.
• Unlawful sexual penetration:
  • Unlawful sexual penetration in the 1st degree: Penetration of a male or female private part with an object other than the perpetrator’s mouth or penis with forcible compulsion, to a person below 12 years of age, or who is unable to consent due to a mental defect, mental incapacitation or physical helplessness.

It is a major felony sex offense (Class A felony) with a mandatory minimum sentence of 25 years, as provided in ORS 137.690, or 100 months for an adult offender if the victim was not below 12 years of age. For a juvenile offender waived to an adult court under ORS 137.707, the minimum sentence is 100 months. The only exception to this crime is if the penetration is related to a medical, treatment, or diagnostic procedure, or an order to search for weapons, contraband, or evidence, as explained in ORS 163.412

• Unlawful sexual penetration in the 2nd degree: Unless permitted by ORS 163.412, a person commits this offense by penetrating the private parts of a male or female individual with an object that is not the perpetrator’s mouth or penis, and the victim is below 14 years of age. It is a Class B felony. The minimum prison sentence is 75 months for an adult offender or juvenile offender waived to an adult court
• Purchasing sex with a minor: To pay, offer or agree to pay a sum of money to have sexual intercourse or sexual contact with a minor, or a police officer/agent of a police officer impersonating a minor (an individual under 18 years of age).

It is a Class C felony if the actor or perpetrator has no previous conviction, and a Class B felony if the person has at least one prior conviction. The mandatory minimum sentence for a first conviction is a $10,000 fine, imprisonment, for no less than 30 days, and completion of a john school program. A john school program, as defined by ORS 163.413(4)(a) is a program, class, or course that educates offenders and deters them from re-offending. On a second or subsequent conviction, the fine is a mandatory $20,000, and any other sentence imposed by the court

• Sexual abuse:
  • Sexual abuse in the 1st degree: Having sexual contact with:
    • A person who is below 14 years of age
    • The use or threatened use of force (forcible compulsion)
    • A victim who is unable to consent because of a mental defect, mental incapacitation, or physical helplessness

Or, intentionally causing an individual less than 18 years of age to touch or contact the mouth, sex organs, or anus of an animal for sexual pleasure. 1st-degree sexual abuse is a Class B felony. The minimum prison sentence for this crime is 75 months for an adult offender or juvenile offender sent to an adult court

• Sexual abuse in the 2nd degree: Except as stated otherwise in ORS 163.412, a person is guilty of this crime by:
  • Engaging in sexual intercourse (oral or anal) or unlawful sexual penetration with another individual without the consent of that individual
  • Committing sexual abuse in the third degree and the victim is 21 years of age or above, or the perpetrator was the victim’s sports coach before the crime occurred as provided in ORS 163.426

Sexual abuse in the 2nd degree is a Class C felony

• Sexual abuse in the 3rd degree: Sexual contact without a victim’s consent or when the victim is not capable of consenting because the victim is a minor (below 18 years old). Or, intentionally throwing any dangerous substance (blood, urine, semen, or feces) at a person without the person’s consent. This offense is a Class A misdemeanor
• Online sexual corruption of a child:
  • Online sexual corruption of a child in the 1st degree: Committing online sexual corruption of a child in the 2nd degree and knowingly initiating a physical meeting with, or coming into contact with the child. It is a Class B felony
  • Online sexual corruption of a child in the 2nd degree: When an individual who is 18 years old or above intentionally uses online communication to ask a child to engage in sexual contact or sexually explicit conduct and offers or agrees to meet with such child in person. This offense is a Class C felony
• Contributing to the sexual delinquency of a minor: A male person (18 years or older) having sexual intercourse with a female person who is below 18 years of age, or a female person, if the other individual is a male less than 18 years. Also, it is a crime of contributing to the sexual delinquency of a minor if the perpetrator has sexual intercourse (oral or anal) with another person who is below 18 years, or if the perpetrator causes such person to have sexual intercourse (oral or anal). This crime is a Class A misdemeanor
• Sexual misconduct: Having sexual intercourse or oral/anal sexual intercourse with an unmarried person below 18 years of age. It is a Class C misdemeanor 
• Custodial sexual misconduct:
  • Custodial sexual misconduct in the 1st degree: An employee or contract staff of a state or local correctional facility or arresting agency, or who has probationary/supervisory role having sexual intercourse, oral/anal sexual intercourse, or unlawful penetration with a person who is:
    • In custody of a law enforcement agency
    • Confined in a correctional facility
    • In an offender work crew/release program
    • Being supervised on probation, parole, or post-prison, or any other form of conditional or supervised release

This offense is a Class C felony

• Custodial sexual misconduct in the 2nd degree: When an employee or contract personnel of a correctional, arresting, or probationary agency has sexual contact with a person, as described in custodial sexual misconduct in the 1st degree. It is categorized as a Class A misdemeanor
• Public indecency: Committing an act of sexual intercourse, oral/anal sexual intercourse, masturbating, or genital exposure for personal or another person’s sexual arousal, in, or in view of, a public place. It is a Class A misdemeanor. However, for a person with a prior conviction of public indecency, rape in the 3rd degree, sexual misconduct, or an equivalent crime in another jurisdiction, it is a Class C felony
• Private indecency: Genital exposure by a person for the person’s or another person’s sexual arousal if the act occurred:
  • In a place where the victim expected privacy. “Place” is not limited to a residence, office, or working area
  • Before the victim
  • If the reason for exposure was to alarm or annoy the victim, and
  • If the perpetrator is aware that the victim did not consent.

It is a Class A misdemeanor

• Unlawful dissemination of an intimate image: This crime occurs when a person illegally disseminates an intimate image of another individual if:
  • The reason was to harass, embarrass, or hurt the victim on purpose
  • The perpetrator knew or should have known that the victim did not consent to act
  • The victim is harassed, embarrass, or hurt by the disclosure
  • Any rational person would be harassed, embarrassed, or hurt by such disclosure

A person who commits this crime is guilty of a Class A misdemeanor.

• Unlawfully being in a location where children regularly congregate: When an individual who is classified as a Level 3 sex offender, Sexually Violent Dangerous Offender (SVDO), or who has been sentenced as a dangerous sex offender under ORS 161.725, or has been sentenced or classified as such in another jurisdiction, intentionally enters into or stays on a premises where minors (under 18 years of age) assemble frequently. This offense is a Class A misdemeanor 
• Unlawful contact with a child: When a person intentionally contacts a child under the age of 18 to commit a sex crime or to arouse or satisfy personal or a second party’s sexual desire. It is a Class C felony. “Person,” as given by this law means anyone who is:
  • Classified as Sexually Violent Dangerous Offender (SVDO) or Level 3 offender
  • Sentenced as a dangerous offender
  • An unclassified adult sex offender guilty of committing an offense which prior to January 1, 2014, was classified as predatory, or
  • Classified as any of the above by a similar law in another jurisdiction

The maximum fines and sentences are also considered under ORS 161.605 et seq. Fined for Class A, B, and C felonies are $375,000, $250,000, and $125,000, respectively. For Class A, B, and C misdemeanors, the fine is not above $6,250, $2,500, and $1,250, accordingly.

Not all sexual offenses in Oregon are listed under this section, only those highlighted in ORS Chapter 163. The law prohibiting visual recording of children, including major felony crimes such as using a child in a display of sexually explicit conduct, is stated under ORS 163.665 et seq. Sex crimes such as compelling prostitution for which the minimum sentence in certain conditions is 70 months, luring a minor, and furnishing sexually explicit material to a child, are under Chapter 167. As stated previously, a comprehensive list of all Oregon sex offenses may be found in ORS 163A.005(5) and (6).

Sex Offender Levels of Classification in Oregon

The Board of Parole and Post-Prison Supervision (BoPPPS) is responsible for sex offender level classifications in Oregon. The BoPPPs uses the Static–99R risk assessment to classify adult male offenders, and the LS/CMI or in-person appraisals for other offenders. The goal of this classification is to assess an offender’s risk level to the community and potential of re-offending, and to determine the length of time an offender may remain on the public registry. In Oregon, these classification levels are also used to notify certain persons of the presence of an offender in their community. There are three offender level classifications in the state:

• Level 1 (low risk): These persons have the lowest potential of reoffending. Individuals who are notified or to whom information is released are limited. The BoPPPs may notify a person who resides with the offender
• Level 2 (moderate risk): Offenders classified as Level 2 pose a moderate risk within the community. According to ORS 163A.215(4), the BoPPP may notify the following people:
  • A person in a significant relationship with the offender
  • A residential neighbor, church, community park, school, child care facility, convenience store, business, or place where children regularly congregate
  • Long-term or residential care facilities defined under ORS 442.015 and ORS 443.400, respectively
• Level 3 (high risk): These offenders are considered to have the highest risk of recidivism. The BoPPPs notifies a broad range of people including all parties listed under Level 2, the media (both local or regional), or any person who searches the Oregon Sex Offender Registry

How Do I Find A Sex Offender Near Me in Oregon?

Anyone can find sex offenders living close by with the Oregon Sex Offender Registry. This registry is a statewide database providing up-to-date personal identifying information of convicted sex offenders to the public at no cost. However, under ORS 163A.215, only Level 3 sex offender information is released on this website.

Oregon Sex Offender Registry

The Oregon State Police manages the statewide Sex Offender Registry. Oregon’s sex offender registration laws are outlined under Chapter 163A. An individual can request information on unlisted offenders as directed on the Frequently Asked Questions page.

To access the registry, searchers must enter the basic information (name, date of birth, address) of offenders. Users may also enter a specific location in the search box above to get sex offender results.

When any offender is clicked through the left column or location icon, a user can get identifying information such as the offender’s name, aliases, date of birth, age, sex, residential address, height, weight, hair/eye color, and scars/marks/tattoos. At the bottom of the screen of each offender page is a “details/subscribe” button. When this button is clicked, more details of an offender are provided: the sex charges (offense and conviction date), previous employment, and offender status (compliant or non-compliant). Individuals can enter an email address to subscribe to future updates on a particular offender.

Alternatively, members of the public may use the “search” feature on the menu to search for offenders by name (first, middle, or last name), city, county, and zip code, and subscribe to search results. It is also possible to search within 1, 2, or 5 miles of an address, and subscribe to receive notifications about that address. Searchers may also download the sex offender list in CSV or PDF. The PDF version has photographs of offenders included.

Records that are considered public may be accessible from some third-party websites. These websites often make searching simpler, as they are not limited by geographic location, and search engines on these sites may help when starting a search for specific or multiple records. To begin using such a search engine on a third-party or government website, interested parties usually must provide:

• The name of the person involved in the record, unless said person is a juvenile
• The location or assumed location of the record or person involved. This includes information such as the city, county, or state that person resides in or was accused in.

Third-party sites are independent from government sources, and are not sponsored by these government agencies. Because of this, record availability on third-party sites may vary.

What are the Sex Offender Restrictions in Oregon?

Sex offenders may face living and working restrictions, depending on the U.S state where they were convicted. Oregon laws do not indicate any restrictions for persons classified as Level 1 or 2 offenders. However, for Level 3 offenders, predatory sex offenders, and sexually violent dangerous offenders (SVDO, defined by ORS 137.765), there are imposed restrictions. These persons are not allowed to be in, enter, or remain in or upon any location where children frequently gather. Permanent residency for certain sex offenders (Level 3, SVDO, predatory sex offenders) released on parole or post-prison supervision is considered according to ORS 144.642.