Oregon Revised Statutes Chapter 163 § 163.454 — Custodial sexual misconduct in the second degree

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]