75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
 
 
                            Enrolled
 
                         House Bill 2343
 
Sponsored by Representative GELSER (at the request of Attorney
  General Hardy Myers and Attorney General's Sexual Assault Task
  Force) (Presession filed).
 
 
                     CHAPTER ................
 
 
                             AN ACT
 
 
Relating to mental incapacitation; creating new provisions; and
  amending ORS 163.305.
 
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) '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 { + . + }   { - 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. - }
  (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.  { + The amendments to ORS 163.305 by section 1 of
this 2009 Act apply to conduct occurring on or after the
effective date of this 2009 Act. + }
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Enrolled House Bill 2343 (HB 2343-A)                       Page 1
 
 
 
 
 
Passed by House June 24, 2009
 
 
      ...........................................................
                                             Chief Clerk of House
 
      ...........................................................
                                                 Speaker of House
 
Passed by Senate June 27, 2009
 
 
      ...........................................................
                                              President of Senate
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Enrolled House Bill 2343 (HB 2343-A)                       Page 2
 
 
 
 
 
Received by Governor:
 
......M.,............., 2009
 
Approved:
 
......M.,............., 2009
 
 
      ...........................................................
                                                         Governor
 
Filed in Office of Secretary of State:
 
......M.,............., 2009
 
 
      ...........................................................
                                               Secretary of State
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Enrolled House Bill 2343 (HB 2343-A)                       Page 3