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    SEXUAL ABUSE IN THE THIRD DEGREE
          163.415 Sexual abuse in the third degree. (1) A person commits the crime of sexual abuse in the third degree if:
          (a) The person subjects another person to sexual contact and:
          (A) The victim does not consent to the sexual contact; or
          (B) The victim is incapable of consent by reason of being under 18 years of age; or
          (b) For the purpose of arousing or gratifying the sexual desire of the person or another person, the person intentionally propels any dangerous substance at a victim without the consent of the victim.
          (2) Sexual abuse in the third degree is a Class A misdemeanor.
          (3) As used in this section, “dangerous substance” means blood, urine, semen or feces.

          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.
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