ORS 163.454: Custodial sexual misconduct in the second degree.

(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 adult in custody 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.