The Oregon Sodomy Law Guide: Charges and Penalties

Oregon Sodomy Law

If you are wondering if sodomy is a felony in the state of Oregon, your answer is YES. However, the degree of the felony depends on the circumstances of the situation. 

First Degree Sodomy Charges in Oregon 

First degree sodomy in Oregon is a Class A felony. It carries with it a minimum sentence of 100-300 months prison sentence as well as a $375.000.00 fine. If an individual engages in deviant sexual intercourse with another person or causes another person to engage in deviant sexual intercourse, he/she has committed the crime of sodomy in the first degree when:

• The victim is under 12 years of age;

• The victim is under 16 years of age and is the perpetrator’s brother or sister, (either whole or half-blood sibling), the son or daughter of the perpetrator or the son or daughter of the perpetrator’s spouse; or

• The victim is incapable of giving consent by reason of physical helplessness, mental defect, or mental incapacitation. 

Second Degree Sodomy in Oregon

Second degree sodomy in Oregon is a Class B felony. It carries with it a minimum prison sentence of 75 months and a maximum sentence of 10 years and a fine of $250,000.00. An individual who engages in deviant sexual intercourse with another person or causes another person to engage in deviant sexual intercourse commits the crime of sodomy in the second degree if the victim is under the age of 14.

Third Degree Felony in Oregon

Third-degree sodomy in Oregon is a Class C felony and carries with it a maximum of five years in prison and a $125.000.00 fine. An individual commits the crime of sodomy in the third degree if the person engages in deviant sexual intercourse with another person who is under the age of 16 years of age, or causes another person to engage in deviant sexual intercourse. It is a non-Measure 11 offense, but subject to Oregon’s felony sentencing guidelines.

Possible Defenses

Some possible defenses to these offenses include but are not limited to:

• Consent. This could apply for charges based on a lack of consent theory.

• Lack of compulsion or physical force. This could apply for charges based on forcible compulsion.

• Mistaken identity.

• Lack of age difference. This could apply for age-based charges.

• Lack of mental incapacity on the part of the alleged victim. This could apply for charges based on mental defect, mental incapacitation or physical helplessness.

• Mistaken conduct or false memories.

• Motivation to lie or fabricated charges.

Oregon Sodomy Law Guide: Conclusion

If you find yourself facing sodomy charges in Oregon, you will immediately need a criminal defense attorney. We strongly advise you not to speak with anyone about your allegations. If you are questioned by the police, invoke your Fifth Amendment right to remain silent. It is essential that you retain an attorney as soon as possible. There aren’t many criminal charges in Oregon more serious than sodomy or deviant sexual intercourse allegations. Contact us at Powell Law for a free consultation.

*Nothing herein constitutes legal advice. You should obtain independent legal counsel regarding your specific factual situation.