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Oregon Revised Statutes

Or. Rev. Stat. § 163.435 (2026)

Contributing to the sexual delinquency of a minor

✓ current as of May 2026
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      163.435 Contributing to the sexual delinquency of a minor. (1) A person 18 years of age or older commits the crime of contributing to the sexual delinquency of a minor if:

      (a) Being a male, he engages in sexual intercourse with a female under 18 years of age; or

      (b) Being a female, she engages in sexual intercourse with a male under 18 years of age; or

      (c) The person engages in oral or anal sexual intercourse with another person under 18 years of age or causes that person to engage in oral or anal sexual intercourse.

      (2) Contributing to the sexual delinquency of a minor is a Class A misdemeanor. [1971 c.743 §117; 2017 c.318 §7]

 

      163.440 [Repealed by 1971 c.743 §432]

Notes of Decisions
Cited in 39 cases (2 in the last 5 years), 1976–2026 · leading case: Schmidt v. Mt. Angel Abbey, 223 P.3d 399 (Or. 2009).
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Schmidt v. Mt. Angel Abbey, 223 P.3d 399 (Or. 2009). · cites it 8× “117(2)(d), which provides that child abuse includes " [s]exual exploitation of a child, including but not limited to: "(A) Conduct constituting [a] violation of ORS 163.435 and any other conduct which allows, employs, authorizes, permits, induces or encourages a child to engage…”
Texas Dep't of Pub. Saf. v. Garcia, 327 S.W.3d 898 (Tex. App. 2010). · cites it 5× “See Or.Rev.Stat. § 163.435 (2010). Under the Oregon statute, the age of consent is 18.”
State v. Parkins, 211 P.3d 262 (Or. 2009). · cites it 2× “The legislature codified those sections as ORS 163.435 (first-degree sexual abuse) and ORS 163.”
United States v. Rodriguez-Guzman, 506 F.3d 738 (9th Cir. 2007). · cites it 2× “1-20-05; Oregon (18), Or.Rev.Stat. § 163.435; Tennessee (18), Tenn.”
Schmidt v. Archdiocese of Portland, 180 P.3d 160 (Or. Ct. App. 2008). · cites it 6× “gard to the culture of the child; "(b) Rape of a child, which includes but is not limited to rape, sodomy, unlawful sexual penetration and incest, as those acts are defined in ORS chapter 163; "(c) Sexual abuse, as defined in ORS chapter 163, when the victim is a child; or "(d)…”
State v. Ofodrinwa, 300 P.3d 154 (Or. 2013). · cites it 2× “ORS 163.435 (1983). If, as the state argues, the phrase “does not consent” in the 1983 amendment referred to the victim’s lack of capacity to consent because of age, then the 1983 amendment would impose the same punishment for engaging in sexual intercourse with a person under…”
State v. Stoneman, 920 P.2d 535 (Or. 1996). · cites it 2× “Under ORS 163.435 (Contributing to the Sexual Delinquency of a Minor), it is a Class A misdemeanor to engage in sexual intercourse with a person under 18 years of age, or to cause such a person to engage in deviate sexual intercourse with another person.”
State v. Goacher, 466 P.3d 1047 (Or. Ct. App. 2020). · cites it 4× “ORS 163.435. Sexual misconduct, a Class C misdemeanor, pro- hibits sexual intercourse with an unmarried person under 18 years of age.”
State v. Davidson, 380 P.3d 963 (Or. 2016). “ORS 163.435. Sexual misconduct with a person under the age of 18 is a Class C misdemeanor.”
State Ex Rel. Juv. Dept. v. Fitch, 84 P.3d 190 (Or. Ct. App. 2004). · cites it 2× “165(1)(h) (assault in the third degree is committed when someone 18 years or older causes physical injury to someone 10 years or younger); ORS 163.435 (contributing to the sexual delinquency of a minor is committed by a person 18 years or older); ORS 161.”
State v. Woods, 505 P.3d 432 (Or. Ct. App. 2022). “” In Haltom, as discussed, the court addressed whether a minimum mental state of “knowingly” applies to the “does not consent” element of second-degree sexual abuse in ORS 163.435(1)(a). 516 State v. Woods we are particularly unpersuaded where defendant has not developed an…”
State v. McCullough, 220 P.3d 1182 (Or. 2009). “432 (online sexual corruption of a child requires that the actor be 18 years or older); ORS 163.435 (contributing to the sexual delinquency of a minor requires that the actor be 18 years or older).”
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Or. Rev. Stat. § 163.435(1): 2 cases
Schmidt v. Mt. Angel Abbey, 223 P.3d 399 (Or. 2009). “117(2)(d), which provides that child abuse includes " [s]exual exploitation of a child, including but not limited to: "(A) Conduct constituting [a] violation of ORS 163.435 and any other conduct which allows, employs, authorizes, permits, induces or encourages a child to engage…”
State v. Johnson, 347 Or. App. 708 (Or. Ct. App. 2026).
Or. Rev. Stat. § 163.435(1)(a): 2 cases
State v. Woods, 505 P.3d 432 (Or. Ct. App. 2022). “” In Haltom, as discussed, the court addressed whether a minimum mental state of “knowingly” applies to the “does not consent” element of second-degree sexual abuse in ORS 163.435(1)(a). 516 State v. Woods we are particularly unpersuaded where defendant has not developed an…”
State v. Johnson, 347 Or. App. 708 (Or. Ct. App. 2026).
Or. Rev. Stat. § 163.435(1)(b): 1 case
State v. Elmore, 546 P.2d 1117 (Or. Ct. App. 1976).
Or. Rev. Stat. § 163.435(2): 2 cases
State v. Davidson, 353 P.3d 2 (Or. Ct. App. 2015).
State v. Schoenborn, 71 P.3d 587 (Or. Ct. App. 2003).
Or. Rev. Stat. § 163.435(l)(a): 2 cases
Texas Dep't of Pub. Saf. v. Garcia, 327 S.W.3d 898 (Tex. App. 2010). “See Or.Rev.Stat. § 163.435 (2010). Under the Oregon statute, the age of consent is 18.”
In Re Complaint as to the Conduct of Wolf, 826 P.2d 628 (Or. 1992).
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