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Oregon Revised Statutes

Or. Rev. Stat. § 163.385 (2026)

Sodomy in the third degree

✓ current as of May 2026
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      163.385 Sodomy in the third degree. (1) A person commits the crime of sodomy in the third degree if the person engages in oral or anal sexual intercourse with another person under 16 years of age or causes that person to engage in oral or anal sexual intercourse.

      (2) Sodomy in the third degree is a Class C felony. [1971 c.743 §112; 2017 c.318 §3]

Notes of Decisions
Cited in 56 cases (9 in the last 5 years), 1978–2026 · leading case: State v. Hansen, 743 P.2d 157 (Or. 1987).
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State v. Hansen, 743 P.2d 157 (Or. 1987). · cites it 6× “Defendant, a high school teacher, was indicted for sodomy in the third degree, ORS 163.385, which prohibits “deviate sexual intercourse” with a person “under 16 years of age.”
State v. Parkins, 211 P.3d 262 (Or. 2009). · cites it 2× “405 and ORS 163.385. Id. at 280 , 779 P.2d 600 . The court therefore concluded that the defendant had violated four separate statutory provisions and that the anti-merger statute applied.”
State v. Breshears, 383 P.3d 345 (Or. Ct. App. 2016). · cites it 3× “The indictment also alleged that the same conduct constituted third-degree sodomy under ORS 163.385 2 because the defendant “did unlawfully and knowing engage in deviate sexual intercourse with [K], a child under the age of 16.”
State v. Pass, 333 P.3d 1139 (Or. Ct. App. 2014). · cites it 6× “425, one count of third-degree sodomy (Count 3), ORS 163.385, and two counts of third-degree sexual abuse (Counts 4 and 5), ORS 163.”
State v. Crotsley, 779 P.2d 600 (Or. 1989). · cites it 2× “The same analysis applies to the sodomy convictions involved here: ORS 163.385 is not a lesser included offense of ORS 163.”
State v. Ferraro, 331 P.3d 1086 (Or. Ct. App. 2014). · cites it 2× “425, and third-degree sodomy, ORS 163.385, argues that the court abused its discretion in denying his motion to postpone trial and erred in excluding evidence concerning conduct by his girlfriend, the victim’s mother, as not relevant under OEC 401.”
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. Carlton, 563 P.3d 407 (Or. Ct. App. 2025). · cites it 2× “355, third-degree sodomy, ORS 163.385, and third- degree sexual abuse, ORS 163.”
State v. Carey-Martin, 430 P.3d 98 (Or. Ct. App. 2018). “355, ORS 163.385. Defendant received a 25-year sentence for each child-display conviction and 25-month sentences for the third-degree rape and sodomy convictions.”
State v. Kimbrough, 431 P.3d 76 (Or. 2018). “Nor do we intend to suggest that sodomy and bribery define the scope of those crimes.”
State v. Wirfs, 281 P.3d 616 (Or. Ct. App. 2012). · cites it 2× “395, and two counts of third-degree sodomy, ORS 163.385. On appeal, he advances five assignments of error.”
State v. Barrett, 10 P.3d 901 (Or. 2000). “355(1) (third-degree rape, based on sexual intercourse with a female under the age of 16), ORS 163.385(1) (third-degree sodomy, based on deviate sexual intercourse with a person under the age of 16), ORS 163.”
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— Or. Rev. Stat. § 163.385(1) — 8 cases
State v. Breshears, 383 P.3d 345 (Or. Ct. App. 2016). “The indictment also alleged that the same conduct constituted third-degree sodomy under ORS 163.385 2 because the defendant “did unlawfully and knowing engage in deviate sexual intercourse with [K], a child under the age of 16.”
State v. Pass, 333 P.3d 1139 (Or. Ct. App. 2014). “425, one count of third-degree sodomy (Count 3), ORS 163.385, and two counts of third-degree sexual abuse (Counts 4 and 5), ORS 163.”
State v. Barrett, 10 P.3d 901 (Or. 2000). “355(1) (third-degree rape, based on sexual intercourse with a female under the age of 16), ORS 163.385(1) (third-degree sodomy, based on deviate sexual intercourse with a person under the age of 16), ORS 163.”
State v. Rhoades, 149 P.3d 1259 (Or. Ct. App. 2006).
State v. Trueax, 845 P.2d 1291 (Or. 1993).
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