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Oregon Revised Statutes

Or. Rev. Stat. § 163.305 (2026)

Definitions

✓ current as of May 2026
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      163.305 Definitions. As used in chapter 743, Oregon Laws 1971, unless the context requires otherwise:

      (1) “Forcible compulsion” means to compel by:

      (a) Physical force; or

      (b) A threat, express or implied, that places a person in fear of immediate or future death or physical injury to self or another person, or in fear that the person or another person will immediately or in the future be kidnapped.

      (2) “Mentally incapacitated” means that a person is rendered incapable of appraising or controlling the conduct of the person at the time of the alleged offense.

      (3) “Oral or anal sexual intercourse” means sexual conduct between persons consisting of contact between the sex organs or anus of one person and the mouth or anus of another.

      (4) “Physically helpless” means that a person is unconscious or for any other reason is physically unable to communicate unwillingness to an act.

      (5) “Sexual contact” means any touching of the sexual or other intimate parts of a person or causing such person to touch the sexual or other intimate parts of the actor for the purpose of arousing or gratifying the sexual desire of either party.

      (6) “Sexual intercourse” has its ordinary meaning and occurs upon any penetration, however slight; emission is not required. [1971 c.743 §104; 1975 c.461 §1; 1977 c.844 §1; 1979 c.744 §7; 1983 c.500 §1; 1999 c.949 §1; 2009 c.770 §1; 2017 c.318 §2; 2017 c.634 §17; 2021 c.82 §1; 2023 c.407 §1]

 

      Note: Legislative Counsel has substituted “chapter 743, Oregon Laws 1971,” for the words “this Act” in section 104, chapter 743, Oregon Laws 1971, compiled as 163.305. Specific ORS references have not been substituted, pursuant to 173.160. These sections may be determined by referring to the 1971 Comparative Section Table located in Volume 22 of ORS.

 

      163.310 [Renumbered 166.180]

Notes of Decisions
Cited in 270 cases (83 in the last 5 years), 1974–2026 · leading case: State v. Rodriguez/Buck, 217 P.3d 659 (Or. 2009).
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State v. Rodriguez/Buck, 217 P.3d 659 (Or. 2009). · cites it 14× “Oregon has an elaborate listing of sex offenses, see ORS 163.305 to 163.479, and comparing the conduct constituting the crime and the penalty here to other sex crimes is useful in determining whether the penalty is proportioned to the offense.”
State v. Wallace, 373 Or. 122 (Or. 2024). · cites it 22× “315 and ORS 163.305 are related statutes. They provide, first, when a person is deemed incapable of consenting to a sexual act, ORS 163.”
State v. Garcia, 605 P.2d 671 (Or. 1980). · cites it 14× “405, uses the term "engage in deviate sexual intercourse," which is further defined in ORS 163.305(1) as "sexual conduct between persons consisting of contact between the sex organs of one person and the mouth or anus of another.”
State v. Marshall, 253 P.3d 1017 (Or. 2011). · cites it 10× “” ORS 163.305(2). First-degree sexual abuse is a Class B felony, ORS 163.”
State v. Reed, 118 P.3d 791 (Or. 2005). · cites it 12× “315(1)(b) and ORS 163.305(3), are pertinent to our inquiry in that regard.”
Burcham v. Franke, 335 P.3d 298 (Or. Ct. App. 2014). · cites it 23× “Nevertheless, all references to ORS 163.305 in this opinion are to the 2007 version of the statute.”
State v. Nelson, 386 P.3d 73 (Or. Ct. App. 2016). · cites it 4× “Each method of engaging in deviate sexual intercourse as defined in ORS 163.305, and each method of engaging in unlawful sexual penetration as defined in ORS 163.”
State v. Callender, 47 P.3d 514 (Or. Ct. App. 2002). · cites it 17× “Those terms also are defined in ORS 163.305, which provides, in part: “(4) ‘Mentally incapacitated’ means that a person is rendered incapable of appraising or controlling the conduct of the person at the time of the alleged offense because of *645 the influence of a controlled…”
Ross v. Springfield Sch. Dist. No. 19, 657 P.2d 188 (Or. 1982). · cites it 6× “" The orders do not define the term nor do they refer to the definition contained in ORS 163.305(1): "(1) `Deviate sexual intercourse' means sexual conduct between persons consisting of contact between the sex organs of one person and the mouth or anus of another.”
State v. Marshall, 227 P.3d 786 (Or. Ct. App. 2010). · cites it 22× “427 and ORS 163.305, physical force constitutes forcible compulsion if it is sufficient to compel the victim to engage in or submit to sexual contact.”
State v. Garrett, 455 P.3d 979 (Or. Ct. App. 2019). · cites it 6× “405 and ORS 163.305 have since been amended, and the term “deviate sex- ual intercourse” has been replaced by “oral or anal sexual intercourse.”
State v. Carlton, 388 P.3d 1093 (Or. 2017). · cites it 3× “427, read with the definition contained in ORS 163.305(6), and [Cal Penal Code § 288] is similar in several respects.”
Show all 270 citing cases →
— Or. Rev. Stat. § 163.305(1) — 38 cases
State v. Garcia, 605 P.2d 671 (Or. 1980). “405, uses the term "engage in deviate sexual intercourse," which is further defined in ORS 163.305(1) as "sexual conduct between persons consisting of contact between the sex organs of one person and the mouth or anus of another.”
Ross v. Springfield Sch. Dist. No. 19, 657 P.2d 188 (Or. 1982). “" The orders do not define the term nor do they refer to the definition contained in ORS 163.305(1): "(1) `Deviate sexual intercourse' means sexual conduct between persons consisting of contact between the sex organs of one person and the mouth or anus of another.”
State v. Campbell, 705 P.2d 694 (Or. 1985).
State v. Crotsley, 779 P.2d 600 (Or. 1989).
State v. Garrett, 455 P.3d 979 (Or. Ct. App. 2019). “405 and ORS 163.305 have since been amended, and the term “deviate sex- ual intercourse” has been replaced by “oral or anal sexual intercourse.”
— Or. Rev. Stat. § 163.305(1)(a) — 6 cases
State v. Nygaard, 466 P.3d 692 (Or. Ct. App. 2020).
Inga v. State, 440 P.3d 345 (Alaska Ct. App. 2019).
State v. Lockhart, 508 P.3d 526 (Or. Ct. App. 2022).
State v. Beckner, 466 P.3d 1000 (Or. Ct. App. 2020).
State v. Diamond, 335 Or. App. 628 (Or. Ct. App. 2024).
— Or. Rev. Stat. § 163.305(1)(b) — 3 cases
State v. Beckner, 466 P.3d 1000 (Or. Ct. App. 2020).
State v. Bams, 339 Or. App. 514 (Or. Ct. App. 2025).
State v. Bams, 339 Or. App. 513 (Or. Ct. App. 2025).
— Or. Rev. Stat. § 163.305(2) — 27 cases
State v. Marshall, 253 P.3d 1017 (Or. 2011). “” ORS 163.305(2). First-degree sexual abuse is a Class B felony, ORS 163.”
State v. Cunningham, 880 P.2d 431 (Or. 1994).
State v. Marshall, 227 P.3d 786 (Or. Ct. App. 2010). “427 and ORS 163.305, physical force constitutes forcible compulsion if it is sufficient to compel the victim to engage in or submit to sexual contact.”
State v. Leistiko, 282 P.3d 857 (Or. 2012).
State v. Digesti, 340 P.3d 762 (Or. Ct. App. 2014).
— Or. Rev. Stat. § 163.305(2)(a) — 4 cases
State v. Digesti, 340 P.3d 762 (Or. Ct. App. 2014).
State v. Klontz, 308 P.3d 214 (Or. Ct. App. 2013).
State v. Kawamoto, 359 P.3d 305 (Or. Ct. App. 2015).
State v. Tilly, 346 P.3d 567 (Or. Ct. App. 2015).
— Or. Rev. Stat. § 163.305(2)(b) — 1 case
State v. Tilly, 346 P.3d 567 (Or. Ct. App. 2015).
— Or. Rev. Stat. § 163.305(2)(d) — 1 case
State v. Dowty, 216 P.3d 911 (Or. Ct. App. 2009).
— Or. Rev. Stat. § 163.305(3) — 17 cases
State v. Wallace, 373 Or. 122 (Or. 2024). “315 and ORS 163.305 are related statutes. They provide, first, when a person is deemed incapable of consenting to a sexual act, ORS 163.”
State v. Reed, 118 P.3d 791 (Or. 2005). “315(1)(b) and ORS 163.305(3), are pertinent to our inquiry in that regard.”
State v. Callender, 47 P.3d 514 (Or. Ct. App. 2002). “Those terms also are defined in ORS 163.305, which provides, in part: “(4) ‘Mentally incapacitated’ means that a person is rendered incapable of appraising or controlling the conduct of the person at the time of the alleged offense because of *645 the influence of a controlled…”
State v. Wallace, 373 Or. 122 (Or. 2024).
State v. Phelps, 920 P.2d 1098 (Or. Ct. App. 1996).
— Or. Rev. Stat. § 163.305(4) — 9 cases
Burcham v. Franke, 335 P.3d 298 (Or. Ct. App. 2014). “Nevertheless, all references to ORS 163.305 in this opinion are to the 2007 version of the statute.”
State v. Lugo, 520 P.3d 917 (Or. Ct. App. 2022).
State v. Callender, 47 P.3d 514 (Or. Ct. App. 2002). “Those terms also are defined in ORS 163.305, which provides, in part: “(4) ‘Mentally incapacitated’ means that a person is rendered incapable of appraising or controlling the conduct of the person at the time of the alleged offense because of *645 the influence of a controlled…”
State v. Klontz, 308 P.3d 214 (Or. Ct. App. 2013).
State v. Tilly, 346 P.3d 567 (Or. Ct. App. 2015).
— Or. Rev. Stat. § 163.305(5) — 43 cases
State v. Carlisle, 515 P.3d 867 (Or. 2022).
State v. Davis, 553 P.3d 1017 (Or. 2024).
State v. Marker, 329 P.3d 781 (Or. Ct. App. 2014).
State v. Martinez, 559 P.3d 907 (Or. Ct. App. 2024).
State v. Hernandez-Esteban, 543 P.3d 154 (Or. Ct. App. 2024).
— Or. Rev. Stat. § 163.305(6) — 111 cases
State v. Rodriguez/Buck, 217 P.3d 659 (Or. 2009). “Oregon has an elaborate listing of sex offenses, see ORS 163.305 to 163.479, and comparing the conduct constituting the crime and the penalty here to other sex crimes is useful in determining whether the penalty is proportioned to the offense.”
State v. Marshall, 253 P.3d 1017 (Or. 2011). “” ORS 163.305(2). First-degree sexual abuse is a Class B felony, ORS 163.”
State v. Carlton, 388 P.3d 1093 (Or. 2017). “427, read with the definition contained in ORS 163.305(6), and [Cal Penal Code § 288] is similar in several respects.”
State v. Parkins, 211 P.3d 262 (Or. 2009).
Sterling v. Cupp, 625 P.2d 123 (Or. 1981).
— Or. Rev. Stat. § 163.305(7) — 19 cases
State v. Rodriguez/Buck, 217 P.3d 659 (Or. 2009). “Oregon has an elaborate listing of sex offenses, see ORS 163.305 to 163.479, and comparing the conduct constituting the crime and the penalty here to other sex crimes is useful in determining whether the penalty is proportioned to the offense.”
State v. Garcia, 605 P.2d 671 (Or. 1980). “405, uses the term "engage in deviate sexual intercourse," which is further defined in ORS 163.305(1) as "sexual conduct between persons consisting of contact between the sex organs of one person and the mouth or anus of another.”
State v. Simon, 433 P.3d 385 (Or. Ct. App. 2018).
State v. Hoover, 280 P.3d 1061 (Or. Ct. App. 2012).
State v. Ortiz-Rico, 462 P.3d 741 (Or. Ct. App. 2020).
— Or. Rev. Stat. § 163.305(8) — 3 cases
State v. Garcia, 605 P.2d 671 (Or. 1980). “405, uses the term "engage in deviate sexual intercourse," which is further defined in ORS 163.305(1) as "sexual conduct between persons consisting of contact between the sex organs of one person and the mouth or anus of another.”
State v. Routh, 568 P.2d 704 (Or. Ct. App. 1977).
Strecker v. Psychiatric Sec. Review Bd., 960 P.2d 893 (Or. Ct. App. 1998).
— Or. Rev. Stat. § 163.305(G) — 1 case
State v. Parker, 849 P.2d 1157 (Or. Ct. App. 1993).
— Or. Rev. Stat. § 163.305(b) — 1 case
State v. Kawamoto, 359 P.3d 305 (Or. Ct. App. 2015).
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