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2017 Oregon Revised Statutes
Volume : 04 - Criminal Procedure, Crimes
Chapter 163 - Offenses Against Persons
Section 163.315 - Incapacity to consent; effect of lack of resistance.
Universal Citation: OR Rev Stat § 163.315 (2017)
(1) A person is considered incapable of consenting to a sexual act if the person is:
(a) Under 18 years of age;
(b) Mentally defective;
(c) Mentally incapacitated; or
(d) Physically helpless.
(2) A lack of verbal or physical resistance does not, by itself, constitute consent but may be considered by the trier of fact along with all other relevant evidence. [1971 c.743 §105; 1999 c.949 §2; 2001 c.104 §52]
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