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Oregon Revised Statutes

Or. Rev. Stat. § 163.415 (2026)

Sexual abuse in the third degree

✓ current as of May 2026
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      163.415 Sexual abuse in the third degree. (1) A person commits the crime of sexual abuse in the third degree if:

      (a) The person subjects another person to sexual contact and:

      (A) The victim does not consent to the sexual contact; or

      (B) The victim is incapable of consent by reason of being under 18 years of age; or

      (b) For the purpose of arousing or gratifying the sexual desire of the person or another person, the person intentionally propels any dangerous substance at a victim without the consent of the victim.

      (2) Sexual abuse in the third degree is a Class A misdemeanor.

      (3) As used in this section, “dangerous substance” means blood, urine, semen or feces. [1971 c.743 §115; 1979 c.489 §1; 1991 c.830 §1; 1995 c.657 §11; 1995 c.671 §9; 2009 c.616 §1]

 

      163.420 [Repealed by 1971 c.743 §432]

Notes of Decisions
Cited in 231 cases (59 in the last 5 years), 1975–2026 · leading case: State v. Carlisle, 515 P.3d 867 (Or. 2022).
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State v. Carlisle, 515 P.3d 867 (Or. 2022). · cites it 79× “(CC C18CR07005) (CA A169564) (SC S067880) 515 P3d 867 In defendant’s trial for third-degree sexual assault, ORS 163.415, defendant requested a jury instruction that, in order to convict him of third-degree sex- ual abuse, the state was required to prove that defendant knew that…”
State v. Haltom, 472 P.3d 246 (Or. 2020). · cites it 29× “In a footnote, the court pointed to the third-degree sex- ual abuse statute, ORS 163.415, as an example of one of those different grammatical constructions that would sup- port an understanding that the nonconsent element therein was intended as a “circumstance” element, and it…”
State v. Stamper, 106 P.3d 172 (Or. Ct. App. 2005). · cites it 9× “One such statute in this case is ORS 163.415, which sets out the elements of the related crime of sexual abuse in the third degree: “(1) A person commits the crime of sexual abuse in the third degree if the person subjects another person to sexual contact and: “(a) The victim…”
State v. Rodriguez/Buck, 217 P.3d 659 (Or. 2009). · cites it 6× “425 (1971) (first-degree sexual abuse); former ORS 163.415 (1971) (second-degree sexual abuse).”
State v. Parkins, 211 P.3d 262 (Or. 2009). · cites it 4× “435 (first-degree sexual abuse) and ORS 163.415 (second-degree sexual abuse) in 1971.”
State Ex Rel. Juv. Dep't v. Millican, 906 P.2d 857 (Or. Ct. App. 1995). · cites it 10× “ORS 163.415. [1] We affirm. The juvenile court's adjudication arose from an incident in which child, then a 16-year-old resident of a boys' group home, allegedly grabbed the buttocks of complainant, a female staff member.”
State v. Clay, 457 P.3d 330 (Or. Ct. App. 2019). · cites it 6× “On appeal, he assigns error to the trial court’s denial of his motion for judg- ment of acquittal on the display counts, arguing, among other things, that ORS 163.”
State v. Wier, 317 P.3d 330 (Or. Ct. App. 2013). · cites it 7× “415 defines that offense as follows: “(1) A person commits the crime of sexual abuse in the third degree if: “(a) The person subjects another person to sexual contact and: “(A) The victim does not consent to the sexual contact [.”
State v. Simonov, 368 P.3d 11 (Or. 2016). · cites it 2× “Although it is not necessary to consider what mental state requirement attaches to the “does not consent” element of ORS 163.415 in this case, we note that the Court of Appeals has held that criminal negligence will suffice.”
State v. Nelson, 265 P.3d 8 (Or. Ct. App. 2011). · cites it 6× “670, and one count of sexual abuse in the third degree, ORS 163.415. Defendant raises eight assignments of error.”
State v. Marshall, 253 P.3d 1017 (Or. 2011). · cites it 3× “The lowest level of the crime of sexual abuse is third-degree sexual abuse, ORS 163.415. A person commits that crime if: “(a) The person subjects another person to sexual contact and: “(A) The victim does not consent to the sexual contact; or “(B) The victim is incapable of…”
State v. MOMENI, 227 P.3d 1230 (Or. Ct. App. 2010). · cites it 6× “425 (2005), and one count of sexual abuse in the third degree, ORS 163.415 (2005). [1] On appeal, he makes two assignments of error regarding the admission of testimony of two witnesses, R and K, regarding the circumstances of their encounters with defendant.”
Show all 231 citing cases →
— Or. Rev. Stat. § 163.415(1) — 22 cases
State v. Carlisle, 515 P.3d 867 (Or. 2022). “(CC C18CR07005) (CA A169564) (SC S067880) 515 P3d 867 In defendant’s trial for third-degree sexual assault, ORS 163.415, defendant requested a jury instruction that, in order to convict him of third-degree sex- ual abuse, the state was required to prove that defendant knew that…”
State v. Haltom, 472 P.3d 246 (Or. 2020). “In a footnote, the court pointed to the third-degree sex- ual abuse statute, ORS 163.415, as an example of one of those different grammatical constructions that would sup- port an understanding that the nonconsent element therein was intended as a “circumstance” element, and it…”
State Ex Rel. Juv. Dep't v. Millican, 906 P.2d 857 (Or. Ct. App. 1995). “ORS 163.415. [1] We affirm. The juvenile court's adjudication arose from an incident in which child, then a 16-year-old resident of a boys' group home, allegedly grabbed the buttocks of complainant, a female staff member.”
State v. Marshall, 253 P.3d 1017 (Or. 2011). “The lowest level of the crime of sexual abuse is third-degree sexual abuse, ORS 163.415. A person commits that crime if: “(a) The person subjects another person to sexual contact and: “(A) The victim does not consent to the sexual contact; or “(B) The victim is incapable of…”
State v. MOMENI, 227 P.3d 1230 (Or. Ct. App. 2010). “425 (2005), and one count of sexual abuse in the third degree, ORS 163.415 (2005). [1] On appeal, he makes two assignments of error regarding the admission of testimony of two witnesses, R and K, regarding the circumstances of their encounters with defendant.”
— Or. Rev. Stat. § 163.415(1)(a) — 12 cases
State v. Haltom, 472 P.3d 246 (Or. 2020). “In a footnote, the court pointed to the third-degree sex- ual abuse statute, ORS 163.415, as an example of one of those different grammatical constructions that would sup- port an understanding that the nonconsent element therein was intended as a “circumstance” element, and it…”
State v. Carlisle, 515 P.3d 867 (Or. 2022). “(CC C18CR07005) (CA A169564) (SC S067880) 515 P3d 867 In defendant’s trial for third-degree sexual assault, ORS 163.415, defendant requested a jury instruction that, in order to convict him of third-degree sex- ual abuse, the state was required to prove that defendant knew that…”
State v. Haltom, 447 P.3d 66 (Or. Ct. App. 2019).
State v. Marshall, 227 P.3d 786 (Or. Ct. App. 2010).
Dep't of Human Servs. v. D. M. T., 243 P.3d 836 (Or. Ct. App. 2010).
— Or. Rev. Stat. § 163.415(1)(a)(A) — 5 cases
State v. Carlisle, 515 P.3d 867 (Or. 2022). “(CC C18CR07005) (CA A169564) (SC S067880) 515 P3d 867 In defendant’s trial for third-degree sexual assault, ORS 163.415, defendant requested a jury instruction that, in order to convict him of third-degree sex- ual abuse, the state was required to prove that defendant knew that…”
State v. MOMENI, 227 P.3d 1230 (Or. Ct. App. 2010). “425 (2005), and one count of sexual abuse in the third degree, ORS 163.415 (2005). [1] On appeal, he makes two assignments of error regarding the admission of testimony of two witnesses, R and K, regarding the circumstances of their encounters with defendant.”
State v. Haltom, 447 P.3d 66 (Or. Ct. App. 2019).
State v. Propp, 345 Or. App. 376 (Or. Ct. App. 2025).
State v. Propp, 345 Or. App. 376 (Or. Ct. App. 2025).
— Or. Rev. Stat. § 163.415(1)(a)(B) — 7 cases
State v. Haltom, 472 P.3d 246 (Or. 2020). “In a footnote, the court pointed to the third-degree sex- ual abuse statute, ORS 163.415, as an example of one of those different grammatical constructions that would sup- port an understanding that the nonconsent element therein was intended as a “circumstance” element, and it…”
State v. Clay, 457 P.3d 330 (Or. Ct. App. 2019). “On appeal, he assigns error to the trial court’s denial of his motion for judg- ment of acquittal on the display counts, arguing, among other things, that ORS 163.”
State v. Propp, 345 Or. App. 376 (Or. Ct. App. 2025).
State v. J. D. B., 532 P.3d 99 (Or. Ct. App. 2023).
State v. Propp, 345 Or. App. 376 (Or. Ct. App. 2025).
— Or. Rev. Stat. § 163.415(1)(b) — 3 cases
State v. Haltom, 447 P.3d 66 (Or. Ct. App. 2019).
State v. Marshall, 253 P.3d 1017 (Or. 2011). “The lowest level of the crime of sexual abuse is third-degree sexual abuse, ORS 163.415. A person commits that crime if: “(a) The person subjects another person to sexual contact and: “(A) The victim does not consent to the sexual contact; or “(B) The victim is incapable of…”
State v. Mezick, 820 P.2d 849 (Or. Ct. App. 1991).
— Or. Rev. Stat. § 163.415(2) — 2 cases
State v. Davidson, 353 P.3d 2 (Or. Ct. App. 2015).
State v. Landino, 590 P.2d 737 (Or. Ct. App. 1979).
— Or. Rev. Stat. § 163.415(l)(a) — 8 cases
State v. Ofodrinwa, 300 P.3d 154 (Or. 2013).
State v. Barnes, 147 P.3d 936 (Or. Ct. App. 2006).
State v. Nelson, 251 P.3d 240 (Or. Ct. App. 2011).
State v. Wier, 317 P.3d 330 (Or. Ct. App. 2013). “415 defines that offense as follows: “(1) A person commits the crime of sexual abuse in the third degree if: “(a) The person subjects another person to sexual contact and: “(A) The victim does not consent to the sexual contact [.”
Dep't of Human Servs. v. D. M. T., 243 P.3d 836 (Or. Ct. App. 2010).
— Or. Rev. Stat. § 163.415(l)(a)(A) — 4 cases
State v. Wier, 317 P.3d 330 (Or. Ct. App. 2013). “415 defines that offense as follows: “(1) A person commits the crime of sexual abuse in the third degree if: “(a) The person subjects another person to sexual contact and: “(A) The victim does not consent to the sexual contact [.”
State v. MOMENI, 227 P.3d 1230 (Or. Ct. App. 2010). “425 (2005), and one count of sexual abuse in the third degree, ORS 163.415 (2005). [1] On appeal, he makes two assignments of error regarding the admission of testimony of two witnesses, R and K, regarding the circumstances of their encounters with defendant.”
Green v. Franke, 323 P.3d 321 (Or. Ct. App. 2014).
Flores-Salazar v. Franke, 337 P.3d 141 (Or. Ct. App. 2014).
— Or. Rev. Stat. § 163.415(l)(a)(B) — 1 case
State v. Pass, 333 P.3d 1139 (Or. Ct. App. 2014).
— Or. Rev. Stat. § 163.415(l)(b) — 5 cases
State v. Stamper, 106 P.3d 172 (Or. Ct. App. 2005). “One such statute in this case is ORS 163.415, which sets out the elements of the related crime of sexual abuse in the third degree: “(1) A person commits the crime of sexual abuse in the third degree if the person subjects another person to sexual contact and: “(a) The victim…”
State v. Sauls, 106 P.3d 659 (Or. Ct. App. 2005).
In Re Complaint as to the Conduct of Wolf, 826 P.2d 628 (Or. 1992).
State v. Mezick, 820 P.2d 849 (Or. Ct. App. 1991).
State v. Davis, 76 P.3d 144 (Or. Ct. App. 2003).
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