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Oregon Revised Statutes

Or. Rev. Stat. § 163.408 (2026)

Unlawful sexual penetration in the second degree

✓ current as of May 2026
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      163.408 Unlawful sexual penetration in the second degree. (1) Except as permitted under ORS 163.412, a person commits the crime of unlawful sexual penetration in the second degree if the person penetrates the vagina, anus or penis of another with any object and the victim is under 14 years of age.

      (2) Unlawful sexual penetration in the second degree is a Class B felony.

      (3) As used in this section, “object” includes any body part of the actor.

      (4) When multiple crimes are charged based on one penetrative act, the court may not enter separate convictions for each crime, and may enter only one conviction for the conduct. [1981 c.549 §2; 1989 c.359 §5; 1991 c.386 §1; 2023 c.407 §3]

 

      163.410 [Repealed by 1971 c.743 §432]

Notes of Decisions
Cited in 74 cases (29 in the last 5 years), 1986–2026 · leading case: State v. White, 211 P.3d 248 (Or. 2009).
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State v. White, 211 P.3d 248 (Or. 2009). · cites it 8× “305, and each method of engaging in unlawful sexual penetration as defined in ORS 163.408 and 163.411 shall constitute separate violations of their respective statutory provisions for purposes of determining the number of statutory violations.”
State v. Nelson, 386 P.3d 73 (Or. Ct. App. 2016). · cites it 3× “305, and each method of engaging in unlawful sexual penetration as defined in ORS 163.408 [Unlawful sexual penetration in the second degree] and 163.”
State v. Rodriguez/Buck, 217 P.3d 659 (Or. 2009). · cites it 2× “[17] Indeed, a defendant who had been convicted of "penetrat[ing] the vagina, anus or penis [of a child the age of the victims here] with any object other than the penis or mouth," ORS 163.408, and who later was convicted a second time of engaging in the same conduct with a…”
State v. Carey-Martin, 430 P.3d 98 (Or. Ct. App. 2018). · cites it 2× “For that conduct, defendant was convicted of two counts of second-degree unlawful sexual penetration, ORS 163.408, for which he received Measure 11 sentences of 75 months each.”
State v. Knight, 173 P.3d 1210 (Or. 2007). · cites it 2× “427, and unlawful sexual penetration in the second degree, ORS 163.408. The alleged victim was the 13-year-old daughter of defendant's girlfriend.”
State v. West-Howell, 385 P.3d 1121 (Or. Ct. App. 2016). “305, and each method of engaging in unlawful sexual penetration as defined in ORS 163.408 and 163.411 shall constitute separate violations of their respective statutory provisions for purposes of determining the number of statutory violations.”
State v. McKinzie, 63 P.3d 1214 (Or. Ct. App. 2003). · cites it 2× “365, and unlawful sexual penetration in the second degree, ORS 163.408. He assigns error to the trial court's admission into evidence under OEC 803(18a)(b) the minor victim's out-of-court statements describing her abuse by defendant.”
State v. Baughman, 369 P.3d 423 (Or. Ct. App. 2016). “395, one count of second-degree unlawful sexual penetration, ORS 163.408, one count of third-degree sodomy, ORS 163.”
State v. Moore, 510 P.3d 907 (Or. Ct. App. 2022). “305, and each method of engaging in unlawful sexual penetra- tion as defined in ORS 163.408 and 163.411 shall consti- tute separate violations of their respective statutory provi- sions for purposes of determining the number of statutory violations.”
State v. Slatton, 268 P.3d 556 (Or. Ct. App. 2015). · cites it 2× “305, and each method of engaging in unlawful sexual penetration as defined in ORS 163.408 and 163.411 shall constitute separate violations of their respective statutory provisions for purposes of determining the number of statutory violations.”
State v. Avila, 388 P.3d 383 (Or. Ct. App. 2016). “305, and each method of engaging in unlawful sexual penetration as defined in ORS 163.408 and 163.411 shall constitute separate violations of their respective statutory provisions for purposes of determining the number of statutory violations.”
State v. Moreno-Hernandez, 415 P.3d 1088 (Or. Ct. App. 2018). “395 (Counts 3 and 4), two counts of second-degree unlawful sexual penetration, ORS 163.408 (Counts 5 and 6), two counts of first-degree sexual abuse, ORS 163.”
Show all 74 citing cases →
— Or. Rev. Stat. § 163.408(1) — 5 cases
State v. White, 211 P.3d 248 (Or. 2009). “305, and each method of engaging in unlawful sexual penetration as defined in ORS 163.408 and 163.411 shall constitute separate violations of their respective statutory provisions for purposes of determining the number of statutory violations.”
State v. Sills, 317 P.3d 307 (Or. Ct. App. 2013).
State v. Rogers, 340 Or. App. 625 (Or. Ct. App. 2025).
State v. Rogers, 340 Or. App. 625 (Or. Ct. App. 2025).
Vanecek v. Angelozzi, 326 P.3d 622 (Or. Ct. App. 2014).
— Or. Rev. Stat. § 163.408(2) — 1 case
State v. Grow, 120 P.3d 534 (Or. Ct. App. 2005).
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