2011 Oregon Revised Statutes
ORS Volume 4, Chapters 131 - 170
ORS Chapter 163
163.345 Age as a defense in certain cases.
(1) In any prosecution under ORS 163.355, 163.365, 163.385, 163.395, 163.415, 163.425, 163.427 or 163.435 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 less than three years older than the victim at the time of the alleged offense.
(2) In any prosecution under ORS 163.408, 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 less than three years older than the victim at the time of the alleged offense.
(3) In any prosecution under ORS 163.445 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 less than three years older than the victim at the time of the alleged offense if the victim was at least 15 years of age at the time of the alleged offense. [1971 c.743 108; 1991 c.386 3; 1991 c.830 4; 1999 c.626 24; amendments by 1999 c.626 45 repealed by 2001 c.884 1]
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