Oregon Revised Statutes Chapter 163 § 163.452 — Custodial sexual misconduct in the first degree

Custodial sexual misconduct in the first degree. (1) A person commits the crime of custodial sexual misconduct in the first degree if the person: (a) Engages in sexual intercourse or oral or anal sexual intercourse with another person or penetrates the vagina, anus or penis of another person with any object other than the penis or mouth of the actor 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 intercourse, oral or anal sexual intercourse or the sexual penetration 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 first degree is a Class C felony. [2005 c.488 §3; 2017 c.318 §9; 2019 c.213 §41]