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Oregon Revised Statutes

Or. Rev. Stat. § 163.454 (2026)

Custodial sexual misconduct in the second degree

✓ current as of May 2026
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      163.454 Custodial sexual misconduct in the second degree. (1) A person commits the crime of custodial sexual misconduct in the second degree if the person:

      (a) Engages in sexual contact with another person knowing that the other person is:

      (A) In the custody of a law enforcement agency following arrest;

      (B) Confined or detained in a correctional facility;

      (C) Participating in an adult in custody or offender work crew or work release program; or

      (D) On probation, parole, post-prison supervision or other form of conditional or supervised release; and

      (b) Is employed by or under contract with the state or local agency that:

      (A) Employs the officer who arrested the other person;

      (B) Operates the correctional facility in which the other person is confined or detained;

      (C) Is responsible for supervising the other person in a work crew or work release program or on probation, parole, post-prison supervision or other form of conditional or supervised release; or

      (D) Engages the other person in work or on-the-job training pursuant to ORS 421.354 (1).

      (2) Consent of the other person to sexual contact is not a defense to a prosecution under this section.

      (3) Lack of supervisory authority over the other person is an affirmative defense to a prosecution under this section when the other person is on probation, parole, post-prison supervision or other form of conditional or supervised release.

      (4) Custodial sexual misconduct in the second degree is a Class A misdemeanor. [2005 c.488 §4; 2019 c.213 §42]

 

      163.455 [1971 c.743 §119; repealed by 1983 c.546 §1]

 

      163.460 [Repealed by 1971 c.743 §432]

Notes of Decisions
Cited in 4 cases, 2012–2016 · leading case: Raymond Watison v. Mary Carter, 668 F.3d 1108 (9th Cir. 2012).
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Raymond Watison v. Mary Carter, 668 F.3d 1108 (9th Cir. 2012). · cites it 2× “sexual or other inti- mate parts”); Or. Rev. Stat. §§ 163.454 , 163.305(6) (forbid- den “sexual contact” defined as “touching of the sexual or other intimate parts of a person .”
Crawford v. Cuomo, 796 F.3d 252 (2d Cir. 2015). “03 ; Or.Rev.Stat. § 163.454; 18 Pa. Cons.Stat.”
State v. Davidson, 380 P.3d 963 (Or. 2016). “ORS 163.454. Private indecency, which is similar to public indecency, except that it involves exposure of genitals at a location where the victim has a “reasonable expectation of privacy,” similarly is a Class A misdemeanor.”
State v. Smith, 372 P.3d 549 (Or. Ct. App. 2016). “719(1) violates the Equal Protection Clause, as applied to his conviction for felony public indecency, because it is underinclusive, in that it does not apply to other crimes of the same or similar character including the felonies of first-degree custodial sexual misconduct, ORS…”
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