163.425, 163.427 or 163.435 in which the victim�s lack of consent was due solely to incapacity to consent by reason of being less than a specified age, it is a defense that the actor was less than thr

163.425, 163.427 or 163.435 in which the victim�s lack of consent was due solely to incapacity to consent by reason of being less than a specified age, it is a defense that the actor was less than three years older than the victim at the time of the alleged offense.

����� (2) In any prosecution under ORS 163.408, when the object used to commit the unlawful sexual penetration was the hand or any part thereof of the actor and in which the victim�s lack of consent was due solely to incapacity to consent by reason of being less than a specified age, it is a defense that the actor was less than three years older than the victim at the time of the alleged offense.

����� (3) In any prosecution under ORS 163.445 in which the victim�s lack of consent was due solely to incapacity to consent by reason of being less than a specified age, it is a defense that the actor was less than three years older than the victim at the time of the alleged offense if the victim was at least 15 years of age at the time of the alleged offense. [1971 c.743 �108; 1991 c.386 �3; 1991 c.830 �4; 1999 c.626 �24; amendments by 1999 c.626 �45 repealed by 2001 c.884 �1]

����� 163.355 Rape in the third degree. (1) A person commits the crime of rape in the third degree if the person has sexual intercourse with another person under 16 years of age.

����� (2) Rape in the third degree is a Class C felony. [1971 c.743 �109; 1991 c.628 �1]

����� 163.365 Rape in the second degree. (1) A person who has sexual intercourse with another person commits the crime of rape in the second degree if the other person is under 14 years of age.

����� (2) Rape in the second degree is a Class B felony. [1971 c.743 �110; 1989 c.359 �1; 1991 c.628 �2]

����� 163.375 Rape in the first degree. (1) A person who has sexual intercourse with another person commits the crime of rape in the first degree if:

����� (a) The victim is subjected to forcible compulsion by the person;

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

����� (c) The victim is under 16 years of age and is the person�s sibling, of the whole or half blood, the person�s child or the person�s spouse�s child; or

����� (d) 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) Rape in the first degree is a Class A felony. [1971 c.743 �111; 1989 c.359 �2; 1991 c.628 �3; 2021 c.82 �4]

����� 163.385 Sodomy in the third degree. (1) A person commits the crime of sodomy in the third degree if the person engages in oral or anal sexual intercourse with another person under 16 years of age or causes that person to engage in oral or anal sexual intercourse.

����� (2) Sodomy in the third degree is a Class C felony. [1971 c.743 �112; 2017 c.318 �3]

����� 163.395 Sodomy in the second degree. (1) A person who engages in oral or anal sexual intercourse with another person or causes another to engage in oral or anal sexual intercourse commits the crime of sodomy in the second degree if the victim is under 14 years of age.

����� (2) Sodomy in the second degree is a Class B felony. [1971 c.743 �113; 1989 c.359 �3; 2017 c.318 �4]

����� 163.405 Sodomy in the first degree. (1) A person who engages in oral or anal sexual intercourse with another person or causes another to engage in oral or anal sexual intercourse commits the crime of sodomy in the first degree if:

����� (a) The victim is subjected to forcible compulsion by the actor;

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

����� (c) The victim is under 16 years of age and is the actor�s brother or sister, of the whole or half blood, the son or daughter of the actor or the son or daughter of the actor�s spouse; or

����� (d) 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) Sodomy in the first degree is a Class A felony. [1971 c.743 �114; 1989 c.359 �4; 2017 c.318 �5; 2021 c.82 �5]

����� 163.408 Unlawful sexual penetration in the second degree. (1) Except as permitted under ORS