Oregon Revised Statutes

Or. Rev. Stat. § 163.426 (2026)

Crime category classification for sexual abuse in the second degree

✓ current as of May 2026

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163.426 Crime category classification for sexual abuse in the second degree. (1) As used in this section:

(a) “Coach” means a person who instructs or trains an individual or members of a team in a sport.

(b) “Teacher” means an employee of a school or school district who has direct responsibility for the instruction of students.

(2) The Oregon Criminal Justice Commission shall classify sexual abuse in the second degree as described in ORS 163.425 (1)(a) as a crime category 8 of the sentencing guidelines grid of the commission if:

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

(b) The offender is 21 years of age or older; and

(c) At any time before the commission of the offense, the offender was the victim’s coach or teacher. [2009 c.876 §1; 2021 c.403 §2]

Note: 163.426 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 163 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Notes of Decisions

Cited in 2 cases, 2014–2016 · leading case: State v. Breshears, 383 P.3d 345 (Or. Ct. App. 2016).

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State v. Breshears, 383 P.3d 345 (Or. Ct. App. 2016). “415 (l)(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 as defined in ORS 163.426.” (Emphasis added.) Subsections (l)(a) and (1)(b) provide two alternative ways in which a person may…”

State v. Pass, 333 P.3d 1139 (Or. Ct. App. 2014). “415(l)(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 as defined in ORS 163.426.” “‘Deviate sexual intercourse’ means sexual conduct between persons consisting of contact between…”

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