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ORS 163.405

Applied in 448 court decisions — leading case State v. Campbell (1985)

Most recently applied in 347 Or. App. 845 - State v. Quirk (March 2026)

1971 c.743 §114; 1989 c.359 §4; 2017 c.318 §5; 2021 c.82 §5

How often courts cite this section

1973198019902000201020202026310
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(1) A person who engages in oral or anal sexual intercourse with another person or causes another to engage in oral or anal sexual intercourse commits the crime of sodomy in the first degree if:

(a) The victim is subjected to forcible compulsion by the actor;

(b) The victim is under 12 years of age;

(c) The victim is under 16 years of age and is the actor’s brother or sister, of the whole or half blood, the son or daughter of the actor or the son or daughter of the actor’s spouse; or

(d) The victim is incapable of consent by reason of mental incapacitation, physical helplessness or incapability of appraising the nature of the victim’s conduct.

(2) Sodomy in the first degree is a Class A felony.

Official source: Oregon State Legislature. Reproduced from public-domain Oregon statutes; confirm against the official source for the current text. Not legal advice.