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Oregon Revised Statutes

Or. Rev. Stat. § 163.375 (2026)

Rape in the first degree

✓ current as of May 2026
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      163.375 Rape in the first degree. (1) A person who has sexual intercourse with another person commits the crime of rape in the first degree if:

      (a) The victim is subjected to forcible compulsion by the person;

      (b) The victim is under 12 years of age;

      (c) The victim is under 16 years of age and is the person’s sibling, of the whole or half blood, the person’s child or the person’s spouse’s child; or

      (d) The victim is incapable of consent by reason of mental incapacitation, physical helplessness or incapability of appraising the nature of the victim’s conduct.

      (2) Rape in the first degree is a Class A felony. [1971 c.743 §111; 1989 c.359 §2; 1991 c.628 §3; 2021 c.82 §4]

Notes of Decisions
Cited in 562 cases (145 in the last 5 years), 1973–2026 · leading case: State v. Woods, 505 P.3d 432 (Or. Ct. App. 2022).
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State v. Woods, 505 P.3d 432 (Or. Ct. App. 2022). · cites it 13× “427(1)(a)(C) (2017), amended by Or Laws 2 We refer to the 2017 version of ORS 163.375 throughout this opinion; it provides, as relevant: “(1) A person who has sexual intercourse with another person commits the crime of rape in the first degree if: “* * * * * 510 State v.”
State v. Crotsley, 779 P.2d 600 (Or. 1989). · cites it 12× “ORS 163.375, 163.405. 2 The Court of Appeals *275 held that the convictions and sentences should not be consolidated.”
State v. Parkins, 211 P.3d 262 (Or. 2009). · cites it 6× “The court analyzed the rape statutes at issue in that case, ORS 163.375 [8] (defining first-degree *274 rape) and ORS 163.”
State v. Reed, 118 P.3d 791 (Or. 2005). · cites it 10× “411(1), [2] first-degree attempted rape, ORS 163.375(1), [3] and attempted incest, ORS 163.”
State v. Priester, 530 P.3d 118 (Or. Ct. App. 2023). · cites it 3× “405 and ORS 163.375. On appeal from the judgment of conviction, he raises three assignments of error.”
State v. Phelps, 920 P.2d 1098 (Or. Ct. App. 1996). · cites it 14× “” Therefore, he says, when ORS 163.375-(l)(d) is read with those statutes, the state is required to prove that he knew that the victim was incapable of consenting to sexual intercourse.”
State v. Cunningham, 880 P.2d 431 (Or. 1994). · cites it 4× “115(1)(a), [5] and two counts of rape in the first degree, ORS 163.375, see n 14, infra. GUILT PHASE After the state's case-in-chief, during which the evidence summarized above was presented, defendant moved for acquittal on the charges of aggravated murder and rape in the first…”
State v. Wimber, 843 P.2d 424 (Or. 1992). · cites it 6× “405 [1] (counts 1, 2, and 3), three counts of rape in the first degree, ORS 163.375 [2] (counts 4, 5, and 6), and six counts of sexual abuse in the first degree, ORS 163.”
State v. Stamper, 106 P.3d 172 (Or. Ct. App. 2005). · cites it 3× “ORS 163.375, for example, provides that a person who has sexual intercourse with another person commits first-degree rape if, among other things, “the victim is incapable of consent by reason of mental defect, mental incapacitation or physical helplessness.”
State v. Nelson, 251 P.3d 240 (Or. Ct. App. 2011). · cites it 6× “Defendant appeals a judgment of conviction for first-degree rape, ORS 163.375; first-degree sexual abuse, ORS 163.”
State v. McCombs, 544 P.3d 390 (Or. Ct. App. 2024). · cites it 4× “ORS 163.375. “A person who engages in oral or anal sexual intercourse with another person [who is under 12 years of age] commits” first-degree sodomy.”
State v. Shaw, 225 P.3d 855 (Or. Ct. App. 2010). · cites it 6× “ORS 163.375(1). The conduct for which defendant was convicted — forcible rape of an 11-year-old — is as grave as any listed in the statute, and defendant does not argue otherwise.”
Show all 562 citing cases →
— Or. Rev. Stat. § 163.375(1) — 26 cases
State v. Reed, 118 P.3d 791 (Or. 2005). “411(1), [2] first-degree attempted rape, ORS 163.375(1), [3] and attempted incest, ORS 163.”
State v. Cunningham, 880 P.2d 431 (Or. 1994). “115(1)(a), [5] and two counts of rape in the first degree, ORS 163.375, see n 14, infra. GUILT PHASE After the state's case-in-chief, during which the evidence summarized above was presented, defendant moved for acquittal on the charges of aggravated murder and rape in the first…”
State v. Pratt, 785 P.2d 350 (Or. 1990).
State v. Wallace, 373 Or. 122 (Or. 2024).
State v. Shaw, 225 P.3d 855 (Or. Ct. App. 2010). “ORS 163.375(1). The conduct for which defendant was convicted — forcible rape of an 11-year-old — is as grave as any listed in the statute, and defendant does not argue otherwise.”
— Or. Rev. Stat. § 163.375(1)(a) — 28 cases
State v. Parkins, 211 P.3d 262 (Or. 2009). “The court analyzed the rape statutes at issue in that case, ORS 163.375 [8] (defining first-degree *274 rape) and ORS 163.”
State v. White, 211 P.3d 248 (Or. 2009).
State v. Eastman, 385 P.3d 1182 (Or. Ct. App. 2016).
State v. White, 147 P.3d 313 (Or. 2006).
State v. Chavez-Meza, 456 P.3d 322 (Or. Ct. App. 2019).
— Or. Rev. Stat. § 163.375(1)(b) — 12 cases
State v. McCombs, 544 P.3d 390 (Or. Ct. App. 2024). “ORS 163.375. “A person who engages in oral or anal sexual intercourse with another person [who is under 12 years of age] commits” first-degree sodomy.”
State v. Crotsley, 779 P.2d 600 (Or. 1989). “ORS 163.375, 163.405. 2 The Court of Appeals *275 held that the convictions and sentences should not be consolidated.”
State v. Kitzman, 920 P.2d 134 (Or. 1996).
State v. Reed, 118 P.3d 791 (Or. 2005). “411(1), [2] first-degree attempted rape, ORS 163.375(1), [3] and attempted incest, ORS 163.”
State v. Raygosa, 512 P.3d 824 (Or. Ct. App. 2022).
— Or. Rev. Stat. § 163.375(1)(c) — 4 cases
State v. Crotsley, 779 P.2d 600 (Or. 1989). “ORS 163.375, 163.405. 2 The Court of Appeals *275 held that the convictions and sentences should not be consolidated.”
State v. Mills, 711 P.2d 207 (Or. Ct. App. 1985).
State v. Lantz, 417 P.3d 568 (Or. Ct. App. 2018).
State v. Cinencio-Gonzalez, 566 P.3d 1157 (Or. Ct. App. 2025).
— Or. Rev. Stat. § 163.375(1)(d) — 16 cases
State v. Woods, 505 P.3d 432 (Or. Ct. App. 2022). “427(1)(a)(C) (2017), amended by Or Laws 2 We refer to the 2017 version of ORS 163.375 throughout this opinion; it provides, as relevant: “(1) A person who has sexual intercourse with another person commits the crime of rape in the first degree if: “* * * * * 510 State v.”
State v. Reed, 118 P.3d 791 (Or. 2005). “411(1), [2] first-degree attempted rape, ORS 163.375(1), [3] and attempted incest, ORS 163.”
State v. Ramoz, 483 P.3d 615 (Or. 2021).
Davis v. Cain, 467 P.3d 816 (Or. Ct. App. 2020).
State v. Wallace, 373 Or. 122 (Or. 2024).
— Or. Rev. Stat. § 163.375(2) — 5 cases
State v. Shaw, 225 P.3d 855 (Or. Ct. App. 2010). “ORS 163.375(1). The conduct for which defendant was convicted — forcible rape of an 11-year-old — is as grave as any listed in the statute, and defendant does not argue otherwise.”
Norris v. Bd. of Parole & Post-Prison Supervision, 238 P.3d 994 (Or. Ct. App. 2010).
State v. Davilla, 860 P.2d 894 (Or. Ct. App. 1993).
Gillmore v. Pearce, 731 P.2d 1039 (Or. 1987).
State v. Valdovinos-Moreno, 334 Or. App. 829 (Or. Ct. App. 2024).
— Or. Rev. Stat. § 163.375(a) — 3 cases
State v. Fears, 688 P.2d 88 (Or. Ct. App. 1984).
State v. Diamond, 335 Or. App. 628 (Or. Ct. App. 2024).
State v. Diamond, 335 Or. App. 628 (Or. Ct. App. 2024).
— Or. Rev. Stat. § 163.375(b) — 1 case
State v. Cave, 516 P.3d 279 (Or. Ct. App. 2022).
— Or. Rev. Stat. § 163.375(d) — 1 case
Allstate Prop. & Cas. Ins. Co. v. O'Connor (D. Or. 2020).
— Or. Rev. Stat. § 163.375(l)(a) — 18 cases
State v. Crotsley, 779 P.2d 600 (Or. 1989). “ORS 163.375, 163.405. 2 The Court of Appeals *275 held that the convictions and sentences should not be consolidated.”
State v. Gray, 322 P.3d 1094 (Or. Ct. App. 2014).
State v. Barnes, 147 P.3d 936 (Or. Ct. App. 2006).
State v. Leistiko, 282 P.3d 857 (Or. 2012).
State v. Luers, 153 P.3d 688 (Or. Ct. App. 2007).
— Or. Rev. Stat. § 163.375(l)(b) — 14 cases
United States v. Faustino Gomez, 757 F.3d 885 (9th Cir. 2014).
State v. Shaw, 225 P.3d 855 (Or. Ct. App. 2010). “ORS 163.375(1). The conduct for which defendant was convicted — forcible rape of an 11-year-old — is as grave as any listed in the statute, and defendant does not argue otherwise.”
State v. Fry, 42 P.3d 369 (Or. Ct. App. 2002).
State v. Crotsley, 779 P.2d 600 (Or. 1989). “ORS 163.375, 163.405. 2 The Court of Appeals *275 held that the convictions and sentences should not be consolidated.”
State v. Luers, 153 P.3d 688 (Or. Ct. App. 2007).
— Or. Rev. Stat. § 163.375(l)(c) — 8 cases
State v. Crotsley, 779 P.2d 600 (Or. 1989). “ORS 163.375, 163.405. 2 The Court of Appeals *275 held that the convictions and sentences should not be consolidated.”
State v. Fry, 42 P.3d 369 (Or. Ct. App. 2002).
State v. Crawford, 171 P.3d 974 (Or. Ct. App. 2007).
State v. Irons, 987 P.2d 547 (Or. Ct. App. 1999).
State v. McCarthy, 283 P.3d 391 (Or. Ct. App. 2012).
— Or. Rev. Stat. § 163.375(l)(d) — 8 cases
State v. Phelps, 920 P.2d 1098 (Or. Ct. App. 1996). “” Therefore, he says, when ORS 163.375-(l)(d) is read with those statutes, the state is required to prove that he knew that the victim was incapable of consenting to sexual intercourse.”
State v. Johnson, 131 P.3d 173 (Or. 2006).
United States v. Candelario Silvestre Beltran-Munguia, 489 F.3d 1042 (9th Cir. 2007).
State v. Simons, 167 P.3d 476 (Or. Ct. App. 2007).
State v. David Aaron Knutsen, 345 P.3d 989 (Idaho 2015).
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