Sexual abuse in the third degree
Source:
Section 163.415 — Sexual abuse in the third degree, https://www.oregonlegislature.gov/bills_laws/ors/ors163.html
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Notes of Decisions
Under this section, legislative intent is to prohibit sexual abuse of consenting minors, and all four types of legal incapacity set out in ORS 163.315 are intended to apply to this section. State v. Landino, 38 Or App 447, 590 P2d 737 (1979), Sup Ct review denied
Language of this section does not, by itself, make sexual abuse a lesser included offense in charge of attempted rape in the first degree. State v. Sears, 70 Or App 537, 689 P2d 1324 (1984)
Indictment for sexual abuse was proper where issue was raised whether defendant touched area that person he touched subjectively considered intimate and that defendant knew this or should have recognized area to be one that would objectively be known to be intimate part by any reasonable person. State v. Woodley, 306 Or 458, 760 P2d 884 (1988)
Where complaint alleged that defendant touched victim’s buttocks, facts could constitute sexual abuse in second degree. State v. Williams, 96 Or App 543, 773 P2d 25 (1989), Sup Ct review denied
Where defendant did not demonstrate to trial court how evidence would support conviction for sexual abuse in second degree but not for rape, trial court did not err in refusing to instruct jury on lesser offense. State v. Abraham, 102 Or App 369, 794 P2d 809 (1990), Sup Ct review denied
Proof of incapacity to consent for purposes of greater offense of sexual abuse in first degree (ORS 163.427) also proves element of lack of consent under this section. State v. Barnes, 209 Or App 332, 147 P3d 936 (2006), Sup Ct review denied
2007 version of statute does not proscribe conduct by which person causes another person to touch semen or other fluids expelled from actor’s body. State v. Serafin, 241 Or App 239, 249 P3d 160 (2011)
COMPLETED CITATIONS: State v. Stich, 5 Or App 511, 484 P2d 861 (1971), Sup Ct review denied
Law Review Citations
68 OLR 255 (1989)