{"data":{"id":"us-or/ors-163.454","jurisdiction":"us-or","citation":"ORS 163.454","heading":"Custodial sexual misconduct in the second degree.","body":"(1) A person commits the crime of custodial sexual misconduct in the second degree if the person:\n      (a) Engages in sexual contact with another person knowing that the other person is:\n      (A) In the custody of a law enforcement agency following arrest;\n      (B) Confined or detained in a correctional facility;\n      (C) Participating in an adult in custody or offender work crew or work release program; or\n      (D) On probation, parole, post-prison supervision or other form of conditional or supervised release; and\n      (b) Is employed by or under contract with the state or local agency that:\n      (A) Employs the officer who arrested the other person;\n      (B) Operates the correctional facility in which the other person is confined or detained;\n      (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\n      (D) Engages the other person in work or on-the-job training pursuant to ORS 421.354 (1).\n      (2) Consent of the other person to sexual contact is not a defense to a prosecution under this section.\n      (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.\n      (4) Custodial sexual misconduct in the second degree is a Class A misdemeanor.","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":"6a769ebd7e5a2ed9ec19da4e69a46a160e5920bafa68f8f43541bd363a4d0639","source_id":"us-or","stale":false,"prev":"us-or/ors-163.452","next":"us-or/ors-163.455"},"notice":"GroundRules: Original legal text. Not legal advice."}