Oregon Revised Statutes
Or. Rev. Stat. § 163.395 (2026)
Sodomy in the second degree
✓ current as of May 2026
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163.395 Sodomy in the second degree. (1) A person who engages in oral or anal sexual intercourse with another person or causes another to engage in oral or anal sexual intercourse commits the crime of sodomy in the second degree if the victim is under 14 years of age.
(2) Sodomy in the second degree is a Class B felony. [1971 c.743 §113; 1989 c.359 §3; 2017 c.318 §4]
Notes of Decisions
Cited in 83
cases (26 in the last 5 years), 1985–2026 · leading case: State v. Rodriguez/Buck, 217 P.3d 659 (Or. 2009).
State v. Rodriguez/Buck, 217 P.3d 659 (Or. 2009). “See ORS 163.395 (defining second-degree sodomy); ORS 137.”
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. Wheeler, 175 P.3d 438 (Or. 2007). “405, three counts of second-degree sodomy, ORS 163.395, and two counts of using a child in a display of sexually explicit conduct, ORS 163.”
Febuary v. State of Oregon, 396 P.3d 894 (Or. 2017). “427; 20 months’ imprisonment for one count of attempted sodomy in the second degree, ORS 163.395; 60 months’ probation for one count of providing alcohol to a person under 21 years of age, ORS 471.”
State v. McKinzie, 63 P.3d 1214 (Or. Ct. App. 2003). “Defendant appeals his convictions for sodomy in the second degree, ORS 163.395, rape in the second degree, ORS 163.”
State v. Wirfs, 281 P.3d 616 (Or. Ct. App. 2012). “Defendant was convicted of one count of second-degree sodomy, ORS 163.395, and two counts of third-degree sodomy, ORS 163.”
State v. Wellington, 548 P.3d 146 (Or. Ct. App. 2024). “427 (Counts 5-8, 13-16, 21-24, and 29-32); and four counts of second-degree sodomy, ORS 163.395 (Counts 25-28). 46 State v. Wellington J was 15 years old, he told Miller that defendant had abused him, but she doubted him.”
State v. Baughman, 369 P.3d 423 (Or. Ct. App. 2016). “427, one count of second-degree sodomy, ORS 163.395, one count of second-degree unlawful sexual penetration, ORS 163.”
State v. Le, 534 P.3d 1097 (Or. Ct. App. 2023). “Assessing the second factor—a comparison of the penalty to the penalties for related offenses—the court observed that related offenses, including second-degree sod- omy (ORS 163.395) and second-degree rape (ORS 163.”
State v. Woods, 393 P.3d 1188 (Or. Ct. App. 2017). “427, and one count of second-degree sodomy, ORS 163.395. He assigns error to the trial court’s admission of evidence of his prior uncharged sexual conduct against the same victim.”
Bartz v. State of Oregon, 825 P.2d 657 (Or. Ct. App. 1992). “385 or ORS 163.395 in which the victim's lack of consent was due solely to incapacity to consent by reason of being less than a specified age, it is a defense that the actor was less than three years older than the victim at the time of the alleged offense.”
State v. Adair, 340 Or. App. 305 (Or. Ct. App. 2025). “For crimes committed against his wife’s 12-year- old sister, K, defendant was convicted of second-degree sodomy, ORS 163.395 (Counts 1, 2, and 3); second-degree unlawful sexual penetration, ORS 163.”
— Or. Rev. Stat. § 163.395(1) — 2 cases
State v. Trueax, 845 P.2d 1291 (Or. 1993).
State ex rel. Juv. Dep't v. Beyea, 867 P.2d 565 (Or. Ct. App. 1994).
— Or. Rev. Stat. § 163.395(2) — 2 cases
State v. Kragt, 495 P.3d 1233 (Or. 2021).
State v. Bovee, 710 P.2d 786 (Or. Ct. App. 1985).
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