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ORS 163.411

Applied in 213 court decisions — leading case State v. Rodriguez/Buck (2009)

Most recently applied in 346 Or. App. 534 - State v. Snider (January 2026)

1981 c.549 §3; 1989 c.359 §6; 1991 c.386 §2; 2021 c.82 §6; 2023 c.407 §4

How often courts cite this section

198619902000201020202026230
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 first degree if the person penetrates the vagina, anus or penis of another with any object and:

(a) The victim is subjected to forcible compulsion;

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

(c) 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) Unlawful sexual penetration in the first degree is a Class A 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.