Or. Rev. Stat. » Oregon Revised Statutes
Oregon Revised Statutes

Or. Rev. Stat. § 163.411 (2026)

Unlawful sexual penetration in the first degree

✓ current as of May 2026
Find cases: SyfertCases citing this section ORSoregonlegislature.gov JustiaChapter on Justia CornellLII Search CasesGoogle Scholar

      163.411 Unlawful sexual penetration in the first degree. (1) Except as permitted under ORS 163.412, a person commits the crime of unlawful sexual penetration in the first degree if the person penetrates the vagina, anus or penis of another with any object and:

      (a) The victim is subjected to forcible compulsion;

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

      (c) 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) Unlawful sexual penetration in the first degree is a Class A 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 §3; 1989 c.359 §6; 1991 c.386 §2; 2021 c.82 §6; 2023 c.407 §4]

Notes of Decisions
Cited in 247 cases (98 in the last 5 years), 1986–2026 · leading case: State v. Reed, 118 P.3d 791 (Or. 2005).
Sort: Relevance Newest Treatment
State v. Reed, 118 P.3d 791 (Or. 2005). · cites it 8× “427(1), [1] first-degree unlawful sexual penetration, ORS 163.411(1), [2] first-degree attempted rape, ORS 163.”
State v. White, 211 P.3d 248 (Or. 2009). · cites it 4× “408 and ORS 163.411 as "statutory provisions." The first *259 statute (ORS 163.”
State v. McCombs, 544 P.3d 390 (Or. Ct. App. 2024). · cites it 4× “ORS 163.411. 550 State v. McCombs defendant suffered from PTSD and involuntarily confessed, were neither credible nor persuasive.”
State v. Rodriguez/Buck, 217 P.3d 659 (Or. 2009). · cites it 2× “" See ORS 163.411 (defining second-degree sexual penetration); ORS 137.”
State v. Hoover, 280 P.3d 1061 (Or. Ct. App. 2012). · cites it 6× “In defendant’s view, an object “penetrates” the vagina *507 for purposes of ORS 163.411 only if it enters the vaginal canal, which would require that the object pass beyond the exterior genitalia and through the vaginal opening and the hymen.”
State v. Simon, 433 P.3d 385 (Or. Ct. App. 2018). · cites it 2× “*842 Defendant appeals from a judgment of conviction on one count of unlawful sexual penetration in the first degree, ORS 163.411 (Class A felony), and seven counts of sexual abuse in the first degree, ORS 163.”
State v. Nelson, 386 P.3d 73 (Or. Ct. App. 2016). · cites it 2× “” See ORS 163.411. So, under the state’s proposed construction of ORS 161.”
State v. Sperou, 442 P.3d 581 (Or. 2019). “**123 Defendant was charged with first-degree unlawful sexual penetration, ORS 163.411, for alleged crimes that he committed against a girl, SC, who belonged to the church that defendant led as pastor.”
State v. Ramoz, 483 P.3d 615 (Or. 2021). · cites it 2× “One count of each crime alleged that the victim was “incapable of consent by reason of mental incapacitation,” and the other count of each crime alleged that the victim was “incapa- ble of consent by reason of physical helplessness.”
State v. Matheson, 186 P.3d 309 (Or. Ct. App. 2008). · cites it 9× “427, and three counts of first-degree unlawful sexual penetration, ORS 163.411, for conduct involving the younger of his two daughters.”
Burdge v. Palmateer, 112 P.3d 320 (Or. 2005). · cites it 2× “"(g) Unlawful sexual penetration in the first degree, as defined in ORS 163.411. "(h) Burglary in the first degree, as defined in ORS 164.”
State v. Miller, 537 P.3d 191 (Or. Ct. App. 2023). · cites it 2× “In his second and third assignments of error, defendant argues that the prosecutor made improper state- ments in closing argument and that the trial court plainly erred in failing to either strike those statements or declare a mistrial.”
Show all 247 citing cases →
— Or. Rev. Stat. § 163.411(1) — 11 cases
State v. Reed, 118 P.3d 791 (Or. 2005). “427(1), [1] first-degree unlawful sexual penetration, ORS 163.411(1), [2] first-degree attempted rape, ORS 163.”
State v. Hoover, 280 P.3d 1061 (Or. Ct. App. 2012). “In defendant’s view, an object “penetrates” the vagina *507 for purposes of ORS 163.411 only if it enters the vaginal canal, which would require that the object pass beyond the exterior genitalia and through the vaginal opening and the hymen.”
State v. Matheson, 186 P.3d 309 (Or. Ct. App. 2008). “427, and three counts of first-degree unlawful sexual penetration, ORS 163.411, for conduct involving the younger of his two daughters.”
State v. MacK, 967 P.2d 516 (Or. Ct. App. 1998).
Bumgarner v. Nooth, 295 P.3d 52 (Or. Ct. App. 2012).
— Or. Rev. Stat. § 163.411(1)(b) — 12 cases
State v. McCombs, 544 P.3d 390 (Or. Ct. App. 2024). “ORS 163.411. 550 State v. McCombs defendant suffered from PTSD and involuntarily confessed, were neither credible nor persuasive.”
State v. Kitzman, 920 P.2d 134 (Or. 1996).
State v. Miles, 533 P.3d 368 (Or. Ct. App. 2023).
State Ex Rel. Juv. Dept. v. Nicholls, 87 P.3d 680 (Or. Ct. App. 2004).
State v. Bonine, 326 Or. App. 662 (Or. Ct. App. 2023).
— Or. Rev. Stat. § 163.411(1)(c) — 4 cases
State v. Reed, 118 P.3d 791 (Or. 2005). “427(1), [1] first-degree unlawful sexual penetration, ORS 163.411(1), [2] first-degree attempted rape, ORS 163.”
State v. Ramoz, 483 P.3d 615 (Or. 2021). “One count of each crime alleged that the victim was “incapable of consent by reason of mental incapacitation,” and the other count of each crime alleged that the victim was “incapa- ble of consent by reason of physical helplessness.”
State v. Barteaux, 157 P.3d 225 (Or. Ct. App. 2007).
State v. Brooks, 331 Or. App. 785 (Or. Ct. App. 2024).
— Or. Rev. Stat. § 163.411(4) — 1 case
State v. Schoen, 350 Or. App. 37 (Or. Ct. App. 2026).
— Or. Rev. Stat. § 163.411(l)(b) — 5 cases
State v. Shaw, 225 P.3d 855 (Or. Ct. App. 2010).
State v. Alwinger, 217 P.3d 692 (Or. Ct. App. 2009).
Bumgarner v. Nooth, 295 P.3d 52 (Or. Ct. App. 2012).
State v. Sundberg, 342 P.3d 1090 (Or. Ct. App. 2015).
State v. Rose, 377 P.3d 613 (Clackamas Cty. Cir. Ct., O.R. 2016).
— Or. Rev. Stat. § 163.411(l)(c) — 2 cases
State v. Simons, 167 P.3d 476 (Or. Ct. App. 2007).
State v. Tindall-Martin, 336 P.3d 518 (Or. Ct. App. 2014).
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.