ORS 163.412¹
Exceptions to unlawful sexual penetration prohibition

Nothing in ORS 163.408 (Unlawful sexual penetration in the second degree), 163.411 (Unlawful sexual penetration in the first degree) or 163.452 (Custodial sexual misconduct in the first degree) prohibits a penetration described in those sections when:

(1) The penetration is part of a medically recognized treatment or diagnostic procedure; or

(2) The penetration is accomplished by a peace officer or a corrections officer acting in official capacity, or by medical personnel at the request of such an officer, in order to search for weapons, contraband or evidence of crime. [1981 c.549 §4; 2005 c.488 §5]

Notes of Decisions

Availability of de­fense that penetra­tion was part of medically recognized treat­ment or diagnostic pro­ce­dure is not limited to medical per­sonnel. State v. Ketchum, 206 Or App 635, 138 P3d 860 (2006), Sup Ct review denied

§§ 163.305 (Definitions) to 163.465 (Public indecency)

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