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Oregon Revised Statutes

Or. Rev. Stat. § 163.355 (2026)

Rape in the third degree

✓ current as of May 2026
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      163.355 Rape in the third degree. (1) A person commits the crime of rape in the third degree if the person has sexual intercourse with another person under 16 years of age.

      (2) Rape in the third degree is a Class C felony. [1971 c.743 §109; 1991 c.628 §1]

Notes of Decisions
Cited in 152 cases (21 in the last 5 years), 1973–2026 · leading case: Carlos Rene Rivas-Gomez v. Alberto R. Gonzales, Attorney Gen., 441 F.3d 1072 (9th Cir. 2006).
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Carlos Rene Rivas-Gomez v. Alberto R. Gonzales, Attorney Gen., 441 F.3d 1072 (9th Cir. 2006). · cites it 17× “In 2001, Rivas pleaded guilty to felony rape in the third degree pursuant to ORS § 163.355. He was placed on three years’ formal probation under Oregon’s “Sex Offender Provisions.”
State v. Parkins, 211 P.3d 262 (Or. 2009). · cites it 6× “375 [8] (defining first-degree *274 rape) and ORS 163.355 [9] (defining third-degree rape).”
State v. Lajoie, 849 P.2d 479 (Or. 1993). · cites it 16× “OEC 412 provides: "(1) Notwithstanding any other provision of law, in a prosecution for a crime described in ORS 163.355 to 163.425, or in a prosecution for an attempt to commit such a crime, reputation or opinion evidence of the past sexual behavior of an alleged victim of such…”
State v. Ofodrinwa, 300 P.3d 154 (Or. 2013). · cites it 5× “ORS 163.355 (1983). Sexual intercourse with a person under 18 years of age constituted contributing to the sexual delinquency of a minor and was a Class A misdemeanor.”
State v. Jalo, 557 P.2d 1359 (Or. Ct. App. 1976). · cites it 6× “475(3), which provides: "* * * [I]n a prosecution under ORS 163.355 to 163.425, evidence of previous sexual conduct of a complainant shall not be admitted and reference to that conduct shall not be made in the presence of the jury.”
State v. Crotsley, 779 P.2d 600 (Or. 1989). · cites it 5× “Because they are separate provisions, defendant’s argument that ORS 163.355 is a lesser included offense to first degree rape fails.”
State v. Smith, 372 P.3d 549 (Or. Ct. App. 2016). · cites it 8× “465(2)(a), the offense is elevated to a Class C felony “if the person has a prior conviction for public indecency or a crime described in ORS 163.355 to 163.445 or for a crime in another jurisdiction that, if committed in this state, would constitute public indecency or a crime…”
State v. Alonso, 393 P.3d 256 (Or. Ct. App. 2017). · cites it 4× “Defendant appeals a judgment of conviction for third-degree rape, ORS 163.355, assigning error to the trial court’s imposition of a $3,000 compensatory fine.”
State v. Simonson, 259 P.3d 962 (Or. Ct. App. 2011). · cites it 8× “425 could not constitutionally be applied to him because ORS 163.355, which prohibits “sexual intercourse with another person under 16 years of age,” describes a more serious form of the same offense, yet carries a lesser penalty.”
State v. Lowell, 277 P.3d 588 (Or. Ct. App. 2012). · cites it 4× “ORS 163.355. [1] He appeals, arguing that the trial court erred in permitting the investigating detective to comment on the credibility of defendant and the complainant.”
State v. Simon, 433 P.3d 385 (Or. Ct. App. 2018). · cites it 2× “It is certainly true, as the majority notes, that children do not always speak in precise fashion, perhaps particularly about sexual crimes that hopefully forever remain outside their reality.”
State v. Blake, 633 P.2d 831 (Or. Ct. App. 1981). · cites it 6× “"(2) In a prosecution under ORS 163.355 to 163.425, evidence of the sexual character or sexual reputation of the complainant is not admissible for any purpose, and reference to the sexual character or sexual reputation of the complainant shall not be made in the presence of the…”
Show all 152 citing cases →
— Or. Rev. Stat. § 163.355(1) — 11 cases
State v. White, 211 P.3d 248 (Or. 2009).
State v. Lowell, 277 P.3d 588 (Or. Ct. App. 2012). “ORS 163.355. [1] He appeals, arguing that the trial court erred in permitting the investigating detective to comment on the credibility of defendant and the complainant.”
State v. Barnes, 147 P.3d 936 (Or. Ct. App. 2006).
State v. Barrett, 10 P.3d 901 (Or. 2000).
State v. Alonso, 393 P.3d 256 (Or. Ct. App. 2017). “Defendant appeals a judgment of conviction for third-degree rape, ORS 163.355, assigning error to the trial court’s imposition of a $3,000 compensatory fine.”
— Or. Rev. Stat. § 163.355(2) — 2 cases
State v. Johnson, 116 P.3d 879 (Or. 2005).
State v. Simonson, 259 P.3d 962 (Or. Ct. App. 2011). “425 could not constitutionally be applied to him because ORS 163.355, which prohibits “sexual intercourse with another person under 16 years of age,” describes a more serious form of the same offense, yet carries a lesser penalty.”
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