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SEXUAL ABUSE IN THE SECOND DEGREE
163.425 Sexual abuse in the second degree. (1) A person commits the crime of sexual abuse in the second degree when:
(a) The person subjects another person to sexual intercourse, deviate sexual intercourse or, except as provided in ORS 163.412, penetration of the vagina, anus or penis with any object other than the penis or mouth of the actor and the victim does not consent thereto; or
(b)(A) The person violates ORS 163.415 (1)(a)(B);
(B) The person is 21 years of age or older; and
(C) At any time before the commission of the offense, the person was the victim’s coach as defined in ORS 163.426.
(2) Sexual abuse in the second degree is a Class C felony.
163.426 Crime category classification for sexual abuse in the second degree. (1) As used in this section, “coach” means a person who instructs or trains an individual or members of a team in a sport.
(2) The Oregon Criminal Justice Commission shall classify sexual abuse in the second degree as described in ORS 163.425 (1)(a) as a crime category 8 of the sentencing guidelines grid of the commission if:
(a) The victim is incapable of consent by reason of being under 18 years of age;
(b) The offender is 21 years of age or older; and
(c) At any time before the commission of the offense, the offender was the victim’s coach.
163.305 Definitions. As used in chapter 743, Oregon Laws 1971, unless the context requires otherwise:
(1) “Deviate sexual intercourse” means sexual conduct between persons consisting of contact between the sex organs of one person and the mouth or anus of another.
(2) “Forcible compulsion” means to compel by:
(a) Physical force; or
(b) A threat, express or implied, that places a person in fear of immediate or future death or physical injury to self or another person, or in fear that the person or another person will immediately or in the future be kidnapped.
(3) “Mentally defective” means that a person suffers from a mental disease or defect that renders the person incapable of appraising the nature of the conduct of the person.
(4) “Mentally incapacitated” means that a person is rendered incapable of appraising or controlling the conduct of the person at the time of the alleged offense.
(5) “Physically helpless” means that a person is unconscious or for any other reason is physically unable to communicate unwillingness to an act.
(6) “Sexual contact” means any touching of the sexual or other intimate parts of a person or causing such person to touch the sexual or other intimate parts of the actor for the purpose of arousing or gratifying the sexual desire of either party.
(7) “Sexual intercourse” has its ordinary meaning and occurs upon any penetration, however slight; emission is not required.
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.