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ORS 163.408

Applied in 63 court decisions — leading case State v. Rodriguez/Buck (2009)

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

1981 c.549 §2; 1989 c.359 §5; 1991 c.386 §1; 2023 c.407 §3

How often courts cite this section

19861990200020102020202680
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) Except as permitted under ORS 163.412, a person commits the crime of unlawful sexual penetration in the second degree if the person penetrates the vagina, anus or penis of another with any object and the victim is under 14 years of age.

(2) Unlawful sexual penetration in the second degree is a Class B felony.

(3) As used in this section, “object” includes any body part of the actor.

(4) When multiple crimes are charged based on one penetrative act, the court may not enter separate convictions for each crime, and may enter only one conviction for the conduct.

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