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Oregon Revised Statutes

Or. Rev. Stat. § 163.412 (2026)

Exceptions to unlawful sexual penetration prohibition

✓ current as of May 2026
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      163.412 Exceptions to unlawful sexual penetration prohibition. Nothing in ORS 163.408, 163.411 or 163.452 prohibits a penetration described in those sections when:

      (1) The penetration is part of a medically recognized treatment or diagnostic procedure and is for a legitimate medical purpose; or

      (2) The penetration is accomplished by a peace officer or a corrections officer acting in official capacity, or by medical personnel at the request of such an officer, in order to search for weapons, contraband or evidence of crime. [1981 c.549 §4; 2005 c.488 §5; 2023 c.200 §3a]

Notes of Decisions
Cited in 27 cases (3 in the last 5 years), 1985–2025 · leading case: State v. Parkins, 211 P.3d 262 (Or. 2009).
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State v. Parkins, 211 P.3d 262 (Or. 2009). · cites it 2× “425: "(1) A person commits the crime of sexual abuse in the second degree when that person subjects another person to sexual intercourse, deviate sexual intercourse or, except as provided in ORS 163.412, penetration of the vagina, anus or penis with any object other than the…”
State v. Wimber, 843 P.2d 424 (Or. 1992). · cites it 2× “5 (1987) provided: "(1) A person commits the crime of sexual abuse in the first degree when that person: "(a) Subjects another person to sexual contact; and "(A) The victim is less than 12 years of age; or "(B) The victim is subjected to forcible compulsion by the actor; or "(b)…”
State v. Reed, 118 P.3d 791 (Or. 2005). · cites it 2× “411(1) provides: "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 other than the penis or mouth of the actor and: "(a) The victim is…”
State v. Ketchum, 138 P.3d 860 (Or. Ct. App. 2006). · cites it 5× “” The instruction is based on ORS 163.412 (2003), which provided: 2 “Nothing in ORS 163.”
State v. Haltom, 472 P.3d 246 (Or. 2020). “425 provides: “(1) A person commits the crime of sexual abuse in the second degree when: “(a) The person subjects another person to sexual intercourse, oral or anal sexual intercourse or, except as provided in ORS 163.412, penetration of the vagina, anus or penis with any object…”
State v. Mills, 710 P.2d 148 (Or. Ct. App. 1985). · cites it 2× “425 provides: "(1) A person commits the crime of sexual abuse in the first degree when that person: "(a) Subjects another person to sexual contact; and "(A) The victim is less than 12 years of age; or "(B) The victim is subjected to forcible compulsion by the actor; or "(b)…”
State v. McFee, 901 P.2d 870 (Or. Ct. App. 1995). · cites it 2× “425 had provided: “(1) A person commits the crime of sexual abuse in the first degree when that person: “(a) Subjects another person to sexual contact; and “(A) The victim is less than 12 years of age; or “(B) The victim is subjected to forcible compulsion by the actor; or “(b)…”
State v. MOMENI, 227 P.3d 1230 (Or. Ct. App. 2010). · cites it 2× “425(1) (2005) provided: "A person commits the crime of sexual abuse in the second degree when that person subjects another person to sexual intercourse, deviate sexual intercourse or, except as provided in ORS 163.412, penetration of the vagina, anus or penis with any object…”
State v. Breshears, 383 P.3d 345 (Or. Ct. App. 2016). “425(1) provides that a person commits the crime of second-degree sexual abuse if: “(a) The person subjects another person to sexual intercourse, deviate sexual intercourse or, except as provided in ORS 163.412, penetration of the vagina, anus or penis with any object other than…”
State v. Hoover, 280 P.3d 1061 (Or. Ct. App. 2012). “411 provides: “(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 other than the penis or mouth of the actor and: “(a) The victim…”
State v. Carlton, 563 P.3d 407 (Or. Ct. App. 2025). “It can be committed by “subject[ing] another per- son to sexual intercourse, oral or anal sexual intercourse or, except as provided in ORS 163.412, penetration of the vagina, anus or penis with any object other than the penis or mouth of the actor” without consent.”
State v. Parker, 849 P.2d 1157 (Or. Ct. App. 1993). “425 provided: “(1) A person commits the crime of sexual abuse in the first degree when that person: “(a) Subjects another person to sexual contact; and “(A) The victim is less than 12 years of age; or “(B) The victim is subjected to forcible compulsion by the actor; or “(b)…”
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Or. Rev. Stat. § 163.412(1): 2 cases
State v. Ketchum, 138 P.3d 860 (Or. Ct. App. 2006). “” The instruction is based on ORS 163.412 (2003), which provided: 2 “Nothing in ORS 163.”
State v. Gilbreath, 489 P.3d 144 (Or. Ct. App. 2021).
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