ORS 163.355 - Rape In The Third Degree - OregonLaws - Public.Law

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1. 
2. ORS
3. Vol. 4
4. Title 16
5. Chap. 163. Offenses Against Persons
6. § 163.355

ORS 163.355 Rape in the third degree

• Text
• Annotations 3

(1)

A person commits the crime of rape in the third degree if the person has sexual intercourse with another person under 16 years of age.

(2)

Rape in the third degree is a Class C felony. [1971 c.743 §109; 1991 c.628 §1]

Source: Section 163.355 — Rape in the third degree, https://www.­oregonlegislature.­gov/bills_laws/ors/ors163.­html (accessed May 26, 2025).

Notes of Decisions

Fact that defendant’s reasonable mistake as to age of victim is no defense to charge of rape in the third degree, but is a defense to charge of rape in second or first degree, does not violate equal privileges requirement of Oregon Constitution. State v. Jalo, 72 Or App 479, 696 P2d 14 (1985), Sup Ct review denied

[Former] ORS 161.062 was not violated where defendant received six separate convictions and sentences for one count each of first and third degree rape and two counts each of first and third degree sodomy because each of first degree crimes of which defendant was convicted required proof of element not necessary to prove corresponding third degree crime and legislature addressed distinct social concern in enacting each of statutory alternatives on which defendant was convicted. State v. Crotsley, 308 Or 272, 779 P2d 600 (1989)

Conviction under this section and consequent deportation may not form basis for illegal reentry charge under 8 U.S.C. 1326 because, under categorical approach, crime under this section is not “aggravated felony” as defined in 8 U.S.C. 1101(a)(43)(A). United States v. Gaspar-Juarez, 291 F. Supp. 3d 1186 (D. Or. 2018)

163.005Criminal homicide 163.095“Aggravated murder” defined 163.105Sentencing options for aggravated murder 163.107Murder in the first degree 163.109Alternative proof of certain victims of murder in the first degree 163.111Pleading, proof and stipulation regarding previous conviction element in prosecution for murder in the first degree 163.115Murder in the second degree 163.117Causing or aiding suicide as defense to charge of murder 163.118Manslaughter in the first degree 163.125Manslaughter in the second degree 163.135Extreme emotional disturbance as affirmative defense to murder in the second degree 163.145Criminally negligent homicide 163.147Crime category classification for manslaughter in the second degree and criminally negligent homicide 163.149Aggravated vehicular homicide 163.150Sentencing for aggravated murder 163.155Sentencing for murder of pregnant victim 163.160Assault in the fourth degree 163.165Assault in the third degree 163.168Crime category classification for assault in the third degree 163.175Assault in the second degree 163.185Assault in the first degree 163.187Strangulation 163.190Menacing 163.191Intimidation by display of a noose 163.192Endangering a person protected by a Family Abuse Prevention Act restraining order 163.193Assisting another person to commit suicide 163.195Recklessly endangering another person 163.196Aggravated driving while suspended or revoked 163.197Hazing 163.200Criminal mistreatment in the second degree 163.205Criminal mistreatment in the first degree 163.206Exceptions to criminal mistreatment 163.207Female genital mutilation 163.208Assaulting a public safety officer 163.211Definitions for ORS 163.211 to 163.213 163.212Unlawful use of an electrical stun gun, tear gas or mace in the second degree 163.213Unlawful use of an electrical stun gun, tear gas or mace in the first degree 163.215Definitions for ORS 163.215 to 163.257 163.225Kidnapping in the second degree 163.235Kidnapping in the first degree 163.245Custodial interference in the second degree 163.257Custodial interference in the first degree 163.261Definitions for ORS 163.261, 163.263 and 163.264 163.263Subjecting another person to involuntary servitude in the second degree 163.264Subjecting another person to involuntary servitude in the first degree 163.266Trafficking in persons 163.269Defenses for victims of involuntary servitude and trafficking in persons 163.275Coercion 163.285Defense to coercion 163.305Definitions 163.315Incapacity to consent 163.325Ignorance or mistake as a defense 163.345Age as a defense in certain cases 163.355Rape in the third degree 163.365Rape in the second degree 163.375Rape in the first degree 163.385Sodomy in the third degree 163.395Sodomy in the second degree 163.405Sodomy in the first degree 163.408Unlawful sexual penetration in the second degree 163.411Unlawful sexual penetration in the first degree 163.412Exceptions to unlawful sexual penetration prohibition 163.413Purchasing sex with a minor 163.415Sexual abuse in the third degree 163.425Sexual abuse in the second degree 163.426Crime category classification for sexual abuse in the second degree 163.427Sexual abuse in the first degree 163.429Sexual abuse by fraudulent representation 163.431Definitions for ORS 163.431 to 163.434 163.432Online sexual corruption of a child in the second degree 163.433Online sexual corruption of a child in the first degree 163.434Provisions applicable to online sexual corruption of a child 163.435Contributing to the sexual delinquency of a minor 163.445Sexual misconduct 163.448Definitions for ORS 163.452 and 163.454 163.452Custodial sexual misconduct in the first degree 163.454Custodial sexual misconduct in the second degree 163.465Public indecency 163.466Classification of felony public indecency 163.467Private indecency 163.472Unlawful dissemination of an intimate image 163.476Unlawfully being in a location where children regularly congregate 163.479Unlawful contact with a child 163.505Definitions for certain provisions of ORS 163.505 to 163.575 163.515Bigamy 163.525Incest 163.535Abandonment of a child 163.537Buying or selling a person under 18 years of age 163.545Child neglect in the second degree 163.547Child neglect in the first degree 163.555Criminal nonsupport 163.565Evidence of parentage 163.575Endangering the welfare of a minor 163.577Failing to supervise a child 163.580Display of sign concerning sale of smoking devices 163.665Definitions 163.670Using child in display of sexually explicit conduct 163.676Exemption from prosecution under ORS 163.684 163.682Exceptions to ORS 163.665 to 163.693 163.684Encouraging child sexual abuse in the first degree 163.686Encouraging child sexual abuse in the second degree 163.687Encouraging child sexual abuse in the third degree 163.688Possession of materials depicting sexually explicit conduct of a child in the first degree 163.689Possession of materials depicting sexually explicit conduct of a child in the second degree 163.690Lack of knowledge of age of child as affirmative defense 163.693Failure to report child pornography 163.700Invasion of personal privacy in the second degree 163.701Invasion of personal privacy in the first degree 163.702Exceptions to ORS 163.700 and 163.701 163.705Polygraph examination of victims in certain criminal cases prohibited 163.707Forfeiture of motor vehicle used in drive-by shooting 163.709Unlawful directing of light from a laser pointer 163.715Unlawful use of a global positioning system device 163.730Definitions for ORS 30.866 and 163.730 to 163.750 163.732Stalking 163.735Citation 163.738Effect of citation 163.741Service of stalking protective order 163.744Initiation of action seeking citation 163.750Violating a court’s stalking protective order 163.753Immunity of officer acting in good faith 163.755Conduct for which stalking protective order may not be issued 163.760Definitions for ORS 163.760 to 163.777 163.763Petition to circuit court for relief 163.765Restraining order 163.767Hearing 163.770Appearance by telephone or electronic communication device 163.773Enforcement of restraining order 163.775Renewal and modification of restraining order 163.777Fees or undertaking may not be required

Current through early 2026

§ 163.355. Rape in the third degree's source at oregon​.gov

Blank Outline Levels

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The legislature occasionally skips outline levels. For example:

(3) A person may apply [...] (4)(a) A person petitioning for relief [...]

In this example, (3), (4), and (4)(a) are all outline levels, but (4) was omitted by its authors. It's only implied. This presents an interesting challenge when laying out the text. We've decided to display a blank section with this note, in order to aide readability.

Trust but verify. Here is the original source for section 163.355

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ORS Timeline

This online publication of the ORS is up to date through early 2026. It consists of;

• the 2023 edition of the ORS, and
• changes from the 2024 regular session.

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The ORS is published every two years. Each edition incorporates all laws, and changes to laws, enacted by the Legislative Assembly through the odd-numbered year regular session referenced in the volume titles for that edition.

The 2023 Edition does not include changes to the law enacted during the 2024 regular session of the Eighty-second Legislative Assembly. Changes to the law by the 2024 regular session will be reflected in the 2025 Edition of Oregon Revised Statutes.…

The 2025 Edition will be available online in early 2026.

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