73rd OREGON LEGISLATIVE ASSEMBLY--2005 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 809
 
                           A-Engrossed
 
                         Senate Bill 217
                  Ordered by the Senate March 9
            Including Senate Amendments dated March 9
 
Printed pursuant to Senate Interim Rule 213.28 by order of the
  President of the Senate in conformance with presession filing
  rules, indicating neither advocacy nor opposition on the part
  of the President (at the request of Attorney General Hardy
  Myers for Attorney General's Sexual Assault Task Force)
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.
 
  Changes term 'deviate sexual intercourse' to 'oral or anal
  { - sexual - }  intercourse.  '
 
                        A BILL FOR AN ACT
Relating to terminology used in describing sex offenses; amending
  ORS 161.067, 163.305, 163.385, 163.395, 163.405, 163.425,
  163.435, 163.445, 163.465, 163.525, 163.665 and 167.002.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 163.305 is amended to read:
  163.305. 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) - }  { +  (1) + } '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) - }  { +  (2) + } '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) - }  { +  (3) + } '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 because
of the influence of a controlled or other intoxicating substance
administered to the person without the consent of the person or
because of any other act committed upon the person without the
consent of the person.
 
 
   { +  (4) 'Oral or anal intercourse' means sexual conduct
between persons consisting of contact between the sex organs of
one person and the mouth or anus of another. + }
  (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.
  SECTION 2. ORS 163.385 is amended to read:
  163.385. (1) A person commits the crime of sodomy in the third
degree if the person engages in   { - deviate sexual - }  { +
oral or anal + } intercourse with another person under 16 years
of age or causes that person to engage in   { - deviate
sexual - }  { +  oral or anal + } intercourse.
  (2) Sodomy in the third degree is a Class C felony.
  SECTION 3. ORS 163.395 is amended to read:
  163.395. (1) A person who engages in   { - deviate sexual - }
 { +  oral or anal + } intercourse with another person or causes
another to engage in   { - deviate sexual - }  { +  oral or
anal + } intercourse commits the crime of sodomy in the second
degree if the victim is under 14 years of age.
  (2) Sodomy in the second degree is a Class B felony.
  SECTION 4. ORS 163.405 is amended to read:
  163.405. (1) A person who engages in   { - deviate sexual - }
 { +  oral or anal + } intercourse with another person or causes
another to engage in   { - deviate sexual - }  { +  oral or
anal + } intercourse commits the crime of sodomy in the first
degree if:
  (a) The victim is subjected to forcible compulsion by the
actor;
  (b) The victim is under 12 years of age;
  (c) The victim is under 16 years of age and is the actor's
brother or sister, of the whole or half blood, the son or
daughter of the actor or the son or daughter of the actor's
spouse; or
  (d) The victim is incapable of consent by reason of mental
defect, mental incapacitation or physical helplessness.
  (2) Sodomy in the first degree is a Class A felony.
  SECTION 5. ORS 163.425 is amended to read:
  163.425. (1) A person commits the crime of sexual abuse in the
second degree when that person subjects another person to sexual
intercourse,   { - deviate sexual - }  { +  oral or anal + }
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.
  (2) Sexual abuse in the second degree is a Class C felony.
  SECTION 6. ORS 163.435 is amended to read:
  163.435. (1) A person 18 years of age or older commits the
crime of contributing to the sexual delinquency of a minor if:
  (a) Being a male, he engages in sexual intercourse with a
female under 18 years of age; or
  (b) Being a female, she engages in sexual intercourse with a
male under 18 years of age; or
  (c) The person engages in   { - deviate sexual - }  { +  oral
or anal + } intercourse with another person under 18 years of age
or causes that person to engage in   { - deviate sexual - }  { +
oral or anal + } intercourse.
  (2) Contributing to the sexual delinquency of a minor is a
Class A misdemeanor.
  SECTION 7. ORS 163.445 is amended to read:
  163.445. (1) A person commits the crime of sexual misconduct if
the person engages in sexual intercourse or   { - deviate
sexual - }  { +  oral or anal + } intercourse with an unmarried
person under 18 years of age.
  (2) Sexual misconduct is a Class C misdemeanor.
  SECTION 8. ORS 163.465 is amended to read:
  163.465. (1) A person commits the crime of public indecency if
while in, or in view of, a public place the person performs:
  (a) An act of sexual intercourse;
  (b) An act of   { - deviate sexual - }  { +  oral or anal + }
intercourse; or
  (c) An act of exposing the genitals of the person with the
intent of arousing the sexual desire of the person or another
person.
  (2)(a) Public indecency is a Class A misdemeanor.
  (b) Notwithstanding paragraph (a) of this subsection, public
indecency is a Class C felony if the person has a prior
conviction for public indecency or a crime described in ORS
163.355 to 163.445.
  SECTION 9. ORS 163.525 is amended to read:
  163.525. (1) A person commits the crime of incest if the person
marries or engages in sexual intercourse or   { - deviate
sexual - }  { +  oral or anal + } intercourse with a person whom
the person knows to be related to the person, either legitimately
or illegitimately, as an ancestor, descendant or brother or
sister of either the whole or half blood.
  (2) Incest is a Class C felony.
  SECTION 10. ORS 163.665 is amended to read:
  163.665. As used in ORS 163.670 to 163.696:
  (1) 'Child' means a person who is less than 18 years of age,
and any reference to a child in relation to a photograph, motion
picture, videotape or other visual recording of the child is a
reference to a person who was less than 18 years of age at the
time the original image in the photograph, motion picture,
videotape or other visual recording was created and not the age
of the person at the time of an alleged offense relating to the
subsequent reproduction, use or possession of the visual
recording.
  (2) 'Child abuse' means conduct that constitutes, or would
constitute if committed in this state, a crime in which the
victim is a child.
  (3) 'Sexually explicit conduct' means actual or simulated:
  (a) Sexual intercourse or   { - deviant sexual - }   { + oral
or anal + } intercourse;
  (b) Genital-genital, oral-genital, anal-genital or oral-anal
contact, whether between persons of the same or opposite sex or
between humans and animals;
  (c) Penetration of the vagina or rectum by any object other
than as part of a medical diagnosis or treatment or as part of a
personal hygiene practice;
  (d) Masturbation;
  (e) Sadistic or masochistic abuse; or
  (f) Lewd exhibition of sexual or other intimate parts.
  (4) 'Visual depiction' includes, but is not limited to,
photographs, films, videotapes, pictures or computer or
computer-generated images or pictures, whether made or produced
by electronic, mechanical or other means.
  SECTION 11. ORS 161.067 is amended to read:
  161.067. (1) When the same conduct or criminal episode violates
two or more statutory provisions and each provision requires
proof of an element that the others do not, there are as many
separately punishable offenses as there are separate statutory
violations.
  (2) When the same conduct or criminal episode, though violating
only one statutory provision involves two or more victims, there
are as many separately punishable offenses as there are victims.
However, two or more persons owning joint interests in real or
personal property shall be considered a single victim for
purposes of determining the number of separately punishable
offenses if the property is the subject of one of the following
crimes:
  (a) Theft as defined in ORS 164.015.
  (b) Unauthorized use of a vehicle as defined in ORS 164.135.
  (c) Criminal possession of rented or leased personal property
as defined in ORS 164.140.
  (d) Burglary as defined in ORS 164.215 or 164.225.
  (e) Criminal trespass as defined in ORS 164.243, 164.245,
164.255, 164.265 or 164.278.
  (f) Arson and related offenses as defined in ORS 164.315,
164.325 or 164.335.
  (g) Forgery and related offenses as defined in ORS 165.002 to
165.070.
  (3) When the same conduct or criminal episode violates only one
statutory provision and involves only one victim, but
nevertheless involves repeated violations of the same statutory
provision against the same victim, there are as many separately
punishable offenses as there are violations, except that each
violation, to be separately punishable under this subsection,
must be separated from other such violations by a sufficient
pause in the defendant's criminal conduct to afford the defendant
an opportunity to renounce the criminal intent. Each method of
engaging in   { - deviate sexual - }  { +  oral or anal + }
intercourse as defined in ORS 163.305, and each method of
engaging in unlawful sexual penetration as defined in ORS 163.408
and 163.411 shall constitute separate violations of their
respective statutory provisions for purposes of determining the
number of statutory violations.
  SECTION 12. ORS 167.002 is amended to read:
  167.002. As used in ORS 167.002 to 167.027, unless the context
requires otherwise:
  (1) 'Place of prostitution' means any place where prostitution
is practiced.
  (2) 'Prostitute' means a male or female person who engages in
sexual conduct or sexual contact for a fee.
  (3) 'Prostitution enterprise' means an arrangement whereby two
or more prostitutes are organized to conduct prostitution
activities.
  (4) 'Sexual conduct' means sexual intercourse or   { - deviate
sexual - }   { + oral or anal + } intercourse.
  (5) 'Sexual contact' means any touching of the sexual organs or
other intimate parts of a person not married to the actor for the
purpose of arousing or gratifying the sexual desire of either
party.
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