Chapter 616 Oregon Laws 2009

AN ACT

HB 2478

Relating to bodily fluids; creating new provisions; and amending ORS 163.415.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 163.415 is amended to read:

          163.415. (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)] (A) The victim does not consent to the sexual contact; or

          [(b)] (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.

SECTION 2. The amendments to ORS 163.415 by section 1 of this 2009 Act apply to conduct occurring on or after the effective date of this 2009 Act.

Approved by the Governor June 26, 2009

Filed in the office of Secretary of State June 26, 2009

Effective date January 1, 2010

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