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Oregon Revised Statutes

Or. Rev. Stat. § 163.365 (2026)

Rape in the second degree

✓ current as of May 2026
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      163.365 Rape in the second degree. (1) A person who has sexual intercourse with another person commits the crime of rape in the second degree if the other person is under 14 years of age.

      (2) Rape in the second degree is a Class B felony. [1971 c.743 §110; 1989 c.359 §1; 1991 c.628 §2]

Notes of Decisions
Cited in 96 cases (23 in the last 5 years), 1973–2026 · leading case: State v. Thorp, 2 P.3d 903 (Or. Ct. App. 2000).
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State v. Thorp, 2 P.3d 903 (Or. Ct. App. 2000). · cites it 11× “Under ORS 163.365, "[a] person who has sexual intercourse with another person commits the crime of rape in the second degree if the other person is under 14 years of age.”
State v. Rodriguez/Buck, 217 P.3d 659 (Or. 2009). · cites it 2× “See ORS 163.365 (defining second-degree rape); ORS 137.”
Virginia v. Black, 538 U.S. 343 (2003). “§39-13-506 (1997); Ore. Rev. Stat. Ann. §163.365 (1989); Mo.”
State v. Spring, 21 P.3d 657 (Or. Ct. App. 2001). · cites it 4× “After a jury trial, defendant was convicted of rape in the second degree (count 1), ORS 163.365, sexual abuse in the first degree (count 2), ORS 163.”
State v. Ofodrinwa, 300 P.3d 154 (Or. 2013). · cites it 2× “345 (defense); ORS 163.365 (second-degree rape); ORS 163.”
State v. Stamper, 106 P.3d 172 (Or. Ct. App. 2005). “In the original criminal code revisions, for example, first-, second-, and third-degree rape were defined to include having sexual intercourse with a victim under the ages of 12,14, and 16, respectively.”
State v. Kragt, 495 P.3d 1233 (Or. 2021). · cites it 3× “765 and sub- section (2) of this section, any person sentenced to a term of imprisonment for violating or attempting to violate [ORS 163.365 (second-degree rape), 163.375 (first-degree rape), 163.”
Gutale v. State, 435 P.3d 728 (Or. 2019). “Petitioner also states that he did not know that there was a two-year statute of limitations on postconviction relief in Oregon, but he does not argue that that ignorance is relevant to whether his claim falls within the escape clause. Bartz had been charged with two counts of…”
State v. Sparks, 83 P.3d 304 (Or. 2004). “405; and one count of second-degree attempted rape, ORS 163.365 and ORS 161.405. The jury found defendant guilty of all 20 counts in the indictment.”
State v. Cervantes, 873 P.2d 316 (Or. 1994). “After a jury trial, defendant was found guilty of rape in the second degree, ORS 163.365. Because defendant was convicted by a jury, we state the facts in the light most favorable to the state.”
State v. McKinzie, 63 P.3d 1214 (Or. Ct. App. 2003). · cites it 2× “395, rape in the second degree, ORS 163.365, and unlawful sexual penetration in the second degree, ORS 163.”
State v. Chavez-Meza, 456 P.3d 322 (Or. Ct. App. 2019). “ORS 163.365(1) (defining rape in the second degree); ORS 137.”
Show all 96 citing cases →
— Or. Rev. Stat. § 163.365(1) — 9 cases
State v. Chavez-Meza, 456 P.3d 322 (Or. Ct. App. 2019). “ORS 163.365(1) (defining rape in the second degree); ORS 137.”
State v. Cervantes, 848 P.2d 118 (Or. Ct. App. 1993).
State v. Spring, 21 P.3d 657 (Or. Ct. App. 2001). “After a jury trial, defendant was convicted of rape in the second degree (count 1), ORS 163.365, sexual abuse in the first degree (count 2), ORS 163.”
State v. Sills, 317 P.3d 307 (Or. Ct. App. 2013).
State v. Waage, 981 P.2d 333 (Or. Ct. App. 1999).
— Or. Rev. Stat. § 163.365(1)(b) — 3 cases
State v. Jalo, 696 P.2d 14 (Or. Ct. App. 1985).
State v. Boyum, 548 P.2d 172 (Or. Ct. App. 1976).
State v. Elmore, 546 P.2d 1117 (Or. Ct. App. 1976).
— Or. Rev. Stat. § 163.365(l)(a) — 1 case
State v. KLONTZ, 256 P.3d 138 (Or. Ct. App. 2011).
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