Applied in 24 court decisions — leading case State v. Parkins (2009)
Most recently applied in 337 Or. App. 354 - State v. Carlton (January 2025)
1981 c.549 §4; 2005 c.488 §5; 2023 c.200 §3a
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.
Nothing in ORS 163.408, 163.411 or 163.452 prohibits a penetration described in those sections when:
(1) The penetration is part of a medically recognized treatment or diagnostic procedure and is for a legitimate medical purpose; 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.
Official source: Oregon State Legislature. Reproduced from public-domain Oregon statutes; confirm against the official source for the current text. Not legal advice.