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Oregon Revised Statutes

Or. Rev. Stat. § 163.445 (2026)

Sexual misconduct

✓ current as of May 2026
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      163.445 Sexual misconduct. (1) A person commits the crime of sexual misconduct if the person engages in sexual intercourse or oral or anal sexual intercourse with an unmarried person under 18 years of age.

      (2) Sexual misconduct is a Class C misdemeanor. [1971 c.743 §118; 2017 c.318 §8]

Notes of Decisions
Cited in 11 cases, 1978–2020 · leading case: State v. Goacher, 466 P.3d 1047 (Or. Ct. App. 2020).
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State v. Goacher, 466 P.3d 1047 (Or. Ct. App. 2020). · cites it 4× “ORS 163.445. Defendant’s conduct—sexual intercourse with a 16 year old—does not fit the definition of first-, second-, or third-degree rape.”
State v. Davidson, 380 P.3d 963 (Or. 2016). “ORS 163.445. Second-degree custodial sexual misconduct, which involves sexual contact with a person in custody or *390 on supervision by a supervisor, is a Class A misdemeanor.”
Weems v. Bd. of Parole & Post-Prison Supervision, 227 P.3d 671 (Or. 2010). · cites it 2× “Roberts was convicted of Sexual Misconduct pursuant to ORS 163.445. On November 16, 1993, Mr. Roberts was arrested for the crimes of Rape in the First Degree, Sodomy in the First Degree, and Sexual Abuse in the First Degree.”
State v. Smith, 372 P.3d 549 (Or. Ct. App. 2016). · cites it 2× “355 to ORS 163.445, incl6uding those provisions relating to first-degree rape (ORS 163.”
State v. Carey-Martin, 430 P.3d 98 (Or. Ct. App. 2018). “408, when the object used to commit the unlawful sexual penetration was the hand or any part thereof of the actor and in which the victim's lack of consent was due solely to incapacity to consent by reason of being less than a specified age, it is a defense that the actor was…”
State v. Thorp, 2 P.3d 903 (Or. Ct. App. 2000). · cites it 2× “, ORS 163.445 (a person commits sexual misconduct, a class C misdemeanor, for engaging in sexual intercourse with an unmarried person under 18 years of age); ORS 163.”
State v. Davidson, 353 P.3d 2 (Or. Ct. App. 2015). “435(2)), and sexual misconduct (ORS 163.445(2)). In addition, as defendant observes, there are other felony sexual offenses that are not mentioned in ORS 181.”
State v. MacK, 967 P.2d 516 (Or. Ct. App. 1998). “435; (6) sexual misconduct, ORS 163.445; and (7) public indecency, ORS 163.”
State v. Cox, 742 P.2d 694 (Or. Ct. App. 1987). “ORS 163.445. The court granted him transactional immunity.”
Bailey v. Bd. on Police Standards & Training, 788 P.2d 1022 (Or. Ct. App. 1990). “” 2 OAR 259-10-055(21) (c) provides, in relevant part: “(c) Upon request of the hiring authority having employed the officer, the Board may revoke the certification of any police officer, * * * based upon a finding that the officer has committed a felony, sexual misconduct as…”
State v. Green, 574 P.2d 356 (Or. Ct. App. 1978). “First, defendant contends that he was entitled to an instruction on sexual misconduct under ORS 163.445. Complainant’s age was not alleged in the indictment.”
— Or. Rev. Stat. § 163.445(1) — 1 case
Weems v. Bd. of Parole & Post-Prison Supervision, 227 P.3d 671 (Or. 2010). “Roberts was convicted of Sexual Misconduct pursuant to ORS 163.445. On November 16, 1993, Mr. Roberts was arrested for the crimes of Rape in the First Degree, Sodomy in the First Degree, and Sexual Abuse in the First Degree.”
— Or. Rev. Stat. § 163.445(2) — 1 case
State v. Davidson, 353 P.3d 2 (Or. Ct. App. 2015). “435(2)), and sexual misconduct (ORS 163.445(2)). In addition, as defendant observes, there are other felony sexual offenses that are not mentioned in ORS 181.”
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