{"data":{"id":"us-or/ors-163.315","jurisdiction":"us-or","citation":"ORS 163.315","heading":"Incapacity to consent; effect of lack of resistance.","body":"(1) A person is considered incapable of consenting to a sexual act if the person is:\n      (a) Under 18 years of age;\n      (b) Incapable of appraising the nature of the person’s conduct;\n      (c) Mentally incapacitated; or\n      (d) Physically helpless.\n      (2) A lack of verbal or physical resistance does not, by itself, constitute consent but may be considered by the trier of fact along with all other relevant evidence.\n      (3) A person is incapable of appraising the nature of the person’s conduct if:\n      (a) The person is unable to understand the nature of the conduct;\n      (b) The person is unable to understand the right to choose whether and how to engage in conduct, including the right to revoke a prior decision to engage in conduct; or\n      (c) The person is unable to communicate a decision to engage in conduct.","path":["04 - Criminal Procedure, Crimes","16. Crimes and Punishments","Chapter 163 — Offenses Against Persons"],"source_url":"https://www.oregonlegislature.gov/bills_laws/ors/ors163.html","current_through":"2025 Edition","vintage":"","retrieved_at":"2026-09-03T23:50:11Z","sha256":"e9aed14f8ca7ea48fdea382fe01a3df87c5cc981836c2fc00a9c006656cf9e15","source_id":"us-or","stale":false,"prev":"us-or/ors-163.310","next":"us-or/ors-163.320"},"notice":"GroundRules: Original legal text. Not legal advice."}