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Oregon Revised Statutes

Or. Rev. Stat. § 163.425 (2026)

Sexual abuse in the second degree

✓ current as of May 2026
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      163.425 Sexual abuse in the second degree. (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 other than the penis or mouth of the actor and the victim does not consent thereto; or

      (b)(A) The person violates ORS 163.415 (1)(a)(B);

      (B) The person is 21 years of age or older; and

      (C) At any time before the commission of the offense, the person was the victim’s coach or teacher, as those terms are defined in ORS 163.426.

      (2) Sexual abuse in the second degree is a Class C felony. [1971 c.743 §116; 1983 c.564 §1; 1991 c.386 §14; 1991 c.830 §2; 2009 c.876 §2; 2017 c.318 §6; 2021 c.403 §1]

Notes of Decisions
Cited in 306 cases (59 in the last 5 years), 1973–2026 · leading case: State v. Stamper, 106 P.3d 172 (Or. Ct. App. 2005).
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State v. Stamper, 106 P.3d 172 (Or. Ct. App. 2005). · cites it 25× “ORS 163.425 provides that a person commits the crime of sexual abuse in the second degree “when that person subjects another person to sexual intercourse * * * and the victim does not consent thereto.”
State v. Haltom, 472 P.3d 246 (Or. 2020). · cites it 39× “Held: The requirement in ORS 163.425 (1)(a) that the victim “does not consent” to the sexual conduct is an integral part of the conduct that the statute proscribes and proof of a minimum mental state of “knowingly” is required with respect to that element.”
State v. Ofodrinwa, 300 P.3d 154 (Or. 2013). · cites it 27× “Second, he argued that ORS 163.425 required proof that the victim had not actually consented; he contended that the victim’s lack of capacity to consent was not sufficient to prove a violation of that statute.”
State v. Rodriguez/Buck, 217 P.3d 659 (Or. 2009). · cites it 8× “Former ORS 163.425 (1971) (first-degree sexual abuse); former ORS 163.”
United States v. Cabrera-Gutierrez, 756 F.3d 1125 (9th Cir. 2013). · cites it 12× “” 9 The Oregon statute under which Cabrera was convicted 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, [with certain exceptions], penetration of the vagina,…”
State v. Carlisle, 515 P.3d 867 (Or. 2022). · cites it 13× “415 than the 1983 legislature did when it amended ORS 163.425. Moreover, our conclusion in Haltom was informed by significant legislative history for the 1983 statute—specifically, testimony from “[t]he most conspicu- ous proponent” of the amendment, who repeatedly assured…”
State v. Woods, 505 P.3d 432 (Or. Ct. App. 2022). · cites it 7× “Compare ORS 163.425 (1)(a) (“and the victim does not consent thereto”) with ORS 163.”
State v. Simonson, 259 P.3d 962 (Or. Ct. App. 2011). · cites it 15× “This is a criminal case in which defendant was charged, in two indictments, with a total of 10 counts of sexual abuse in the second degree, ORS 163.425. Defendant was convicted on five of the counts.”
State v. Breshears, 383 P.3d 345 (Or. Ct. App. 2016). · cites it 8× “1 Count 3 of the indictment alleged that defendant committed second-degree sexual abuse, ORS 163.425, when he “unlawfully and knowingly subject[ed] [the victim] to sexual intercourse, the said [victim] not consenting thereto.”
State v. Wimber, 843 P.2d 424 (Or. 1992). · cites it 6× “375 [2] (counts 4, 5, and 6), and six counts of sexual abuse in the first degree, ORS 163.425 (1987) [3] (counts 7 through 12).”
State v. Rogers, 836 P.2d 1308 (Or. 1992). · cites it 4× “[15] In Oregon Laws 1991, chapter 830, sections 2 and 3, the legislature amended ORS 163.425 and added ORS 163.427, making first degree sexual abuse a Class B felony, for which an attempt is a Class C felony.”
State v. Parkins, 211 P.3d 262 (Or. 2009). · cites it 2× “Second-degree sexual abuse is now set forth in ORS 163.425: "(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.”
Show all 306 citing cases →
— Or. Rev. Stat. § 163.425(1) — 17 cases
State v. Breshears, 383 P.3d 345 (Or. Ct. App. 2016). “1 Count 3 of the indictment alleged that defendant committed second-degree sexual abuse, ORS 163.425, when he “unlawfully and knowingly subject[ed] [the victim] to sexual intercourse, the said [victim] not consenting thereto.”
State v. Ofodrinwa, 300 P.3d 154 (Or. 2013). “Second, he argued that ORS 163.425 required proof that the victim had not actually consented; he contended that the victim’s lack of capacity to consent was not sufficient to prove a violation of that statute.”
State v. Barnes, 147 P.3d 936 (Or. Ct. App. 2006).
State v. Haltom, 472 P.3d 246 (Or. 2020). “Held: The requirement in ORS 163.425 (1)(a) that the victim “does not consent” to the sexual conduct is an integral part of the conduct that the statute proscribes and proof of a minimum mental state of “knowingly” is required with respect to that element.”
State v. MOMENI, 227 P.3d 1230 (Or. Ct. App. 2010).
— Or. Rev. Stat. § 163.425(1)(a) — 25 cases
State v. Haltom, 472 P.3d 246 (Or. 2020). “Held: The requirement in ORS 163.425 (1)(a) that the victim “does not consent” to the sexual conduct is an integral part of the conduct that the statute proscribes and proof of a minimum mental state of “knowingly” is required with respect to that element.”
State v. Woods, 505 P.3d 432 (Or. Ct. App. 2022). “Compare ORS 163.425 (1)(a) (“and the victim does not consent thereto”) with ORS 163.”
State v. Carlisle, 515 P.3d 867 (Or. 2022). “415 than the 1983 legislature did when it amended ORS 163.425. Moreover, our conclusion in Haltom was informed by significant legislative history for the 1983 statute—specifically, testimony from “[t]he most conspicu- ous proponent” of the amendment, who repeatedly assured…”
State v. Carlton, 563 P.3d 407 (Or. Ct. App. 2025).
State v. Propp, 345 Or. App. 376 (Or. Ct. App. 2025).
— Or. Rev. Stat. § 163.425(1)(a)(A) — 1 case
State ex rel. Juv. Dep't v. Warren, 823 P.2d 1046 (Or. Ct. App. 1992).
— Or. Rev. Stat. § 163.425(1)(a)(B) — 2 cases
State v. Williams, 828 P.2d 1006 (Or. 1992).
State v. Sears, 689 P.2d 1324 (Or. Ct. App. 1984).
— Or. Rev. Stat. § 163.425(1)(b)(A) — 1 case
State v. Burge, 288 P.3d 565 (Or. Ct. App. 2012).
— Or. Rev. Stat. § 163.425(2) — 7 cases
State v. Rogers, 836 P.2d 1308 (Or. 1992). “[15] In Oregon Laws 1991, chapter 830, sections 2 and 3, the legislature amended ORS 163.425 and added ORS 163.427, making first degree sexual abuse a Class B felony, for which an attempt is a Class C felony.”
State v. Simonson, 259 P.3d 962 (Or. Ct. App. 2011). “This is a criminal case in which defendant was charged, in two indictments, with a total of 10 counts of sexual abuse in the second degree, ORS 163.425. Defendant was convicted on five of the counts.”
State v. Little, 842 P.2d 414 (Or. Ct. App. 1992).
State v. Haltom, 447 P.3d 66 (Or. Ct. App. 2019).
State v. Ford, 812 P.2d 13 (Or. Ct. App. 1991).
— Or. Rev. Stat. § 163.425(a) — 1 case
State v. Smith, 452 P.3d 492 (Or. Ct. App. 2019).
— Or. Rev. Stat. § 163.425(l)(a) — 8 cases
State v. Breshears, 383 P.3d 345 (Or. Ct. App. 2016). “1 Count 3 of the indictment alleged that defendant committed second-degree sexual abuse, ORS 163.425, when he “unlawfully and knowingly subject[ed] [the victim] to sexual intercourse, the said [victim] not consenting thereto.”
State v. Pass, 333 P.3d 1139 (Or. Ct. App. 2014).
State v. Simonson, 259 P.3d 962 (Or. Ct. App. 2011). “This is a criminal case in which defendant was charged, in two indictments, with a total of 10 counts of sexual abuse in the second degree, ORS 163.425. Defendant was convicted on five of the counts.”
State v. Basua, 380 P.3d 1196 (Or. Ct. App. 2016).
Dep't of Human Servs. v. D. M. T., 243 P.3d 836 (Or. Ct. App. 2010).
— Or. Rev. Stat. § 163.425(l)(a)(A) — 2 cases
State v. Graville, 728 P.2d 561 (Or. Ct. App. 1986).
State v. MacE, 681 P.2d 140 (Or. Ct. App. 1984).
— Or. Rev. Stat. § 163.425(l)(a)(B) — 1 case
State v. Williams, 828 P.2d 1006 (Or. 1992).
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