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The State of Oregon categorizes an individual as a “sex offender” if they have been convicted of a sex crime. This includes not only those convicted within the state but also those convicted of sex crimes in different jurisdictions. ORS 163A.005(6).

In Oregon, offenses that may require an individual to register as a sex offender include:

• Rape in any degree

• Sodomy in any degree

• Unlawful sexual penetration in any degree

• Sexual abuse in any degree

• Incest with a child 

• Using a child in a display of sexually explicit conduct

• Encouraging child sexual abuse in any degree

• Transporting child pornography into the state

• Paying to view a child’s sexually explicit conduct

• Compelling or promoting prostitution

• Contributing to the sexual delinquency of a minor

• Online sexual corruption of a child in any degree if the offender reasonably believed the child to be more than five years younger than the offender

• Kidnapping the victim, who was under 18 years of age, to further the commission or attempted commission of first-degree, rape, sodomy, or unlawful sexual penetration

• Kidnapping in the second degree if the victim was under 18 years of age, except by a parent

• Luring a minor 

• Possession of materials depicting sexually explicit conduct of a child in the first degree

• Sexual assault of an animal 

• Public or private indecency if the offender has previously been convicted of a sex crime 

• Human trafficking ORS 163A.005(5)

The State of Oregon maintains a sex offender registry as a measure to safeguard the public from individuals convicted of sexual offenses. The classification of sex offenders into three distinct risk levels is a critical component of this system. The State Board of Patrol assigns a level based on the assessed risk each offender poses for recidivism and serves to dictate the extent of community notifications concerning an offender’s presence.  

Level 1 (Low Risk): Offenders classified under Level 1 are considered to pose the lowest risk of reoffending. Notification about these individuals is limited. The Board of Parole may notify a person who resides with the offender. ORS 163A.100(1); ORS 163A.215(5)

Level 2 (Moderate Risk): Offenders classified under Level 2 present a moderate risk of reoffending. The notification range about Level 2 offenders individuals is broader. The Board of Parole may notify the following individuals: a person who resides with the offender, a person in a significant relationship with the offender, residential neighbor, local churches, community parks, schools and childcare centers, convenience stores, businesses, long-term or residential care facilities, and other locations frequented children or potential victims. ORS 163A.100(2); ORS 163A.215(4).

Level 3 (High Risk): Offenders classified under Level 3 present the highest risk of committing further sexual offenses. Consequently, the notification range is the most extensive. The Department of State Police must disseminate information about these high-risk individuals to the public via an online sex offender registry, and the Board of Parole may notify all of the individuals listed in Level 2. ORS 163A.100(3); ORS 163A.215(2). To access a list of Level 3 offenders, please visit: https://sexoffenders.oregon.gov/ConditionsOfUse. 

The penalties for sexual offenses in Oregon are determined by several factors, including the age of the victim, the extent of harm or injury inflicted, and the overall severity of the crime. Below are examples of how penalties can vary based on these factors: 

Rape: Sexual intercourse

Rape in the first degree (ORS 163.375

• Victim is subjected to forcible compulsion, is under 12 years of age, is under 16 and related to the perpetrator by blood or marriage, or is incapable of consent due to mental incapacitation, physical helplessness, or incapability of appraising the nature of the victim’s conduct

• Classified as a Class A felony (Punishable by up to 20 years in prison and up to $375,000 in fines)

Rape in the second degree (ORS 163.365

• Victim is under 14 years of age

• Classified as a Class B felony (Punishable by up to 10 years in prison and up to $250,000 in fines

Rape in the third degree (ORS 163.355)

• Victim is under 16 years of age

• Classified as a Class C felony (Punishable by up to 5 years in prison and up to $125,000 in fines

Sodomy: Oral or anal sexual intercourse

Sodomy in the first degree (ORS 163.405)

• Victim is subjected to forcible compulsion, is under 12 years of age, is under 16 and related to the perpetrator by blood or marriage, or is incapable of consent due to mental incapacitation, physical helplessness, or incapability of appraising the nature of the victim’s conduct

• Classified as a Class A felony (Punishable by up to 20 years in prison and up to $375,000 in fines)

Sodomy in the second degree (ORS 163.395)

• Victim is under 14 years of age 

• Classified as Class B felony (Punishable by up to 10 years in prison and up to $250,000 in fines)

Sodomy in the third degree (ORS 163.385

• Victim is under 16

• Classified as a Class C felony (Punishable by up to 5 years in prison and up to $125,000 in fines)

Unlawful Sexual Penetration: Use of any object other than the perpetrator’s penis or mouth to penetrate another’s vagina, anus, or penis

Unlawful Sexual Penetration in the first degree (ORS 163.411)

• Victim is subjected to forcible compulsion, is under 12 years of age, or is incapable of consent due to mental incapacitation, physical helplessness, or incapability of appraising the nature of the victim’s conduct

• Classified as a Class A felony (Punishable by up to 20 years in prison and up to $375,000 in fines)

Unlawful Sexual Penetration in the second degree (ORS 163.408)

• Victim is under 14 years of age 

• Classified as a Class B felony (Punishable by up to 10 years in prison and up to $250,000 in fines

Sexual Abuse: Subjecting another to sexual contract 

Sexual abuse in the first degree (ORS 163.427)

• Victim is subjected to forcible compulsion, is under 14 years of age, or is incapable of consent due to mental incapacitation, physical helplessness, or incapability of appraising the nature of the victim’s conduct OR Perpetrator intentionally causes a victim under 18 years of age to have sexual contact with an animal for sexual gratification

• Classified as a Class B felony (Punishable by up to 10 years in prison and up to $250,000 in fines

Sexual abuse in the second degree (ORS 163.425)

• Victim is subjected to sexual intercourse, oral or anal intercourse, or penetration of their vagina, anus, or penis with an object without consent OR Perpetrator violates provisions of ORS 163.415(1)(a)(B): “Sexual Abuse in the third degree” and is 21 years or older and has been the victim’s coach or teacher

• Classified as a Class C felony (Punishable by up to 5 years in prison and up to $125,000 in fines

Sexual abuse in the third degree (ORS 163.415)

• Victim is subjected to sexual contact and does not consent or is incapable of consent due to being under 18 years of age OR Perpetrator intentionally propels a dangerous substance, such as blood, urine, semen, or feces at the victim for sexual gratification without consent

• Classified as a Class A misdemeanor (Punishable by up to 1 year in prison and up to $6,250 in fines

Online Sexual Corruption of a Child

Online Sexual Corruption of a Child in the first degree (ORS 163.433)

• An individual aged 18 or older who uses online communication to solicit a child for sexual contact or explicit conduct with the intent of sexual arousal or gratification, and then offers or agrees to meet the child in person and intentionally takes a substantial step toward physically meeting with or encountering the child

• Classified as a Class B felony (Punishable by up to 10 years in prison and up to $250,000 in fines)

Online Sexual Corruption of a Child in the second degree (ORS 163.432)

• An individual aged 18 or older who uses online communication to solicit a child for sexual contact or explicit conduct with the intent of sexual arousal or gratification, and then offers or agrees to meet the child in person

• Classified as a Class C felony (Punishable by up to 5 years in prison and up to $125,000 in fines)

At Crew Janci LLP, we are committed to helping survivors of sexual abuse find healing, help, and justice. We understand the courage it takes for victims to come forward, and we strive to provide the support and legal expertise they need during their journey toward healing. If you or someone you love has been sexually abused, please contact us today. We are here to help.

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Valerie Juntunen

Valerie attended the University of California Los Angeles, where she received her B.A. in Psychology. During her undergraduate years, Valerie served as co-director of Bruin Consent Coalition, an organization dedicated to supporting survivors of sexual violence, educating her fellow students on the necessity of consent, and improving university resources. Valerie decided to further pursue her interest in advocacy work by attending law school and is currently a rising third-year at the University of Oregon School of Law. Before joining Crew Janci as a summer law clerk, Valerie worked for the Los Angeles County Bar Association's Domestic Violence Legal Services Project. Valerie is grateful for the opportunity to assist Crew Janci's courageous clients in their pursuit of justice and healing. In her free time, Valerie enjoys baking chocolate chip cookies, playing Wordle, and listening to The Happiness Lab podcast.