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Current as of January 01, 2023 | Updated by FindLaw Staff
(1) A person commits the crime of custodial sexual misconduct in the second degree if the person:
(a) Engages in sexual contact with another person knowing that the other person is:
(A) In the custody of a law enforcement agency following arrest;
(B) Confined or detained in a correctional facility;
(C) Participating in an inmate or offender work crew or work release program; or
(D) On probation, parole, post-prison supervision or other form of conditional or supervised release; and
(b) Is employed by or under contract with the state or local agency that:
(A) Employs the officer who arrested the other person;
(B) Operates the correctional facility in which the other person is confined or detained;
(C) Is responsible for supervising the other person in a work crew or work release program or on probation, parole, post-prison supervision or other form of conditional or supervised release; or
(D) Engages the other person in work or on-the-job training pursuant to ORS 421.354 (1).
(2) Consent of the other person to sexual contact is not a defense to a prosecution under this section.
(3) Lack of supervisory authority over the other person is an affirmative defense to a prosecution under this section when the other person is on probation, parole, post-prison supervision or other form of conditional or supervised release.
(4) Custodial sexual misconduct in the second degree is a Class A misdemeanor.
Cite this article: FindLaw.com - Oregon Revised Statutes Crimes and Punishments § 163.454 - last updated January 01, 2023 | https://codes.findlaw.com/or/title-16-crimes-and-punishments/or-rev-st-sect-163-454/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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