ORS 163.385¹
Sodomy in the third degree

(1) A person commits the crime of sodomy in the third degree if the person engages in oral or anal sexual intercourse with another person under 16 years of age or causes that person to engage in oral or anal sexual intercourse.

(2) Sodomy in the third degree is a Class C felony. [1971 c.743 §112; 2017 c.318 §3]

Notes of Decisions

It is extremely unlikely that legislature had in mind common law method for calculating age in enacting this sec­tion and, for purposes of this sec­tion, per­son was “under 16 years of age” on day before per­son’s 16th birthday. State v. Hansen, 304 Or 169, 743 P2d 157 (1987)

Trial court was not re­quired to consolidate sen­tences for six separate con­vic­­tions, one count each of first and third de­gree rape and two counts each of first and third de­gree sodomy because each first de­gree crime 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)

Law Review Cita­tions

51 OLR 501-504 (1972); 11 WLJ 284 (1975)

Notes of Decisions

Under evidence that defendant inten­tionally touched victim’s buttocks through clothing, whether such con­duct constituted “sexual contact” of victim’s “intimate parts” was ques­tion for jury. State v. Buller, 31 Or App 889, 581 P2d 1263 (1977)

Genitalia and breasts are intimate parts as matter of law under this sec­tion, and undeveloped genitalia and breasts of children are included within defini­tion. State v. Turner, 33 Or App 157, 575 P2d 1007 (1978), Sup Ct review denied

Rule that state is not permitted to introduce evidence of other crimes or bad acts solely to prove defendant acted as on prior occasions is strictly applied in sex crime cases, even those involving deviate sexual behavior, in so far as con­duct with per­sons other than victim is concerned. State v. Sicks, 33 Or App 435, 576 P2d 834 (1978)

Law Review Cita­tions

51 OLR 428, 518-522, 555 (1972)

Chapter 163

Law Review Cita­tions

51 OLR 427-637 (1972)

1 Legislative Counsel Committee, CHAPTER 163—Offenses Against Persons, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors163.­html (2019) (last ac­cessed May 16, 2020).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2019, Chapter 163, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano163.­html (2019) (last ac­cessed May 16, 2020).
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent. Currency Information