Public-domain · open source
OpenJurist

ORS 163.426

Applied in 3 court decisions — leading case State v. Breshears (2016)

Most recently applied in State v. Haltom (August 2020)

2009 c.876 §1; 2021 c.403 §2

How often courts cite this section

2014202010
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) As used in this section:

(a) “Coach” means a person who instructs or trains an individual or members of a team in a sport.

(b) “Teacher” means an employee of a school or school district who has direct responsibility for the instruction of students.

(2) The Oregon Criminal Justice Commission shall classify sexual abuse in the second degree as described in ORS 163.425 (1)(a) as a crime category 8 of the sentencing guidelines grid of the commission if:

(a) The victim is incapable of consent by reason of being under 18 years of age;

(b) The offender is 21 years of age or older; and

(c) At any time before the commission of the offense, the offender was the victim’s coach or teacher.

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