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Is it legal for us to engage in oral sex??
I have been going out with my girlfriend for a year, and we have had oral sex many times before, but i just turned 18 and so we would like to know if it is legal to continue doing that
It is not legal for minors to engage in sexual acts with each other and it is not legal for an adult to engage in sexual activity with a minor if unmarried.
In Oregon, the age of consent to have "sexual contact" is 18. This means that while you are under the age of 18 you are legally incapable of consenting to a sexual act. Please be aware that minors engaged in sexual activity are in violation of the law in the state of Oregon and depending on many circumstances, if charged, a juvenile court judge can rule to move the case to adult court. See ORS 419C.349-370
Oregon Laws are described as "ORS" or "Oregon Revised Statutes" ORS 163.315 Incapacity to consent; effect of lack of resistance.
(1) A person is considered incapable of consenting to a sexual act if the person is:
(a) Under 18 years of age;
(b) Mentally defective;
(c) Mentally incapacitated; or
(d) Physically helpless.
(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. [1971 c.743 §105; 1999 c.949 §2; 2001 c.104 §52]
"Sexual Act" can be defined as sexual contact or sexual intercourse.
Definitions in the law are as follows:
ORS 163.305 Definitions. (omitted definitions 2-5 to shorten the text)
(1) “Deviate sexual intercourse” means sexual conduct between persons consisting of contact between the sex organs of one person and the mouth or anus of another.
(6) “Sexual contact” means any touching of the sexual or other intimate parts of a person or causing such person to touch the sexual or other intimate parts of the actor for the purpose of arousing or gratifying the sexual desire of either party.
(7) “Sexual intercourse” has its ordinary meaning and occurs upon any penetration, however slight; emission is not required.
Oral sex could fall under the definitions 1 or 6 above which means it is a violation of the law in the same way that "Sexual intercourse" is a violation of the law.
Oregon Sex Offense Laws that may apply:
ORS 163.415 Sexual abuse in the third degree. (1) A person commits the crime of sexual abuse in the third degree if the person subjects another person to sexual contact and:
(a) The victim does not consent to the sexual contact; or (b) The victim is incapable of consent by reason of being under 18 years of age.
(2) Sexual abuse in the third degree is a Class A misdemeanor. [1971 c.743 §115; 1979 c.489 §1; 1991 c.830 §1; 1995 c.657 §11; 1995 c.671 §9]
ORS 163.435 Contributing to the sexual delinquency of a minor. (1) A person 18 years of age or older commits the crime of contributing to the sexual delinquency of a minor if:
(a) Being a male, he engages in sexual intercourse with a female under 18 years of age; or
(b) Being a female, she engages in sexual intercourse with a male under 18 years of age; or
(c) The person engages in deviate sexual intercourse with another person under 18 years of age or causes person to engage in deviate sexual intercourse.
(2) Contributing to the sexual delinquency of a minor is a Class A misdemeanor. [1971 c.743 §117]
ORS 163.445 Sexual misconduct.
(1) A person commits the crime of sexual misconduct if the person engages in sexual intercourse or deviate sexual intercourse with an unmarried person under 18 years of age.
(2) Sexual misconduct is a Class C misdemeanor. [1971 c.743 §118]
Punishments and Fines
ORS 161.615 Prison terms for misdemeanors. Sentences for misdemeanors shall be for a definite term. The court shall fix the term of imprisonment within the following maximum limitations:
(1) For a Class A misdemeanor, 1 year.
(2) For a Class B misdemeanor, 6 months.
(3) For a Class C misdemeanor, 30 days.
(4) For an unclassified misdemeanor, as provided in the statute defining the crime. [1971 c.743 §75]
ORS 161.635 Fines for misdemeanors. (1) A sentence to pay a fine for a misdemeanor shall be a sentence to pay an amount, fixed by the court, not exceeding:
(a) $6,250 for a Class A misdemeanor.
(b) $2,500 for a Class B misdemeanor.
(c) $1,250 for a Class C misdemeanor.
(2) A sentence to pay a fine for an unclassified misdemeanor shall be a sentence to pay an amount, fixed by the court, as provided in the statute defining the crime.
(3) If a person has gained money or property through the commission of a misdemeanor, then upon conviction thereof the court, instead of imposing the fine authorized for the offense under this section, may sentence the defendant to pay an amount fixed by the court, not exceeding double the amount of the defendant’s gain from the commission of the offense. In that event, ORS 161.625 (4) and (5) apply.
(4) This section does not apply to corporations. [1971 c.743 §77; 1981 c.390 §2; 1993 c.680 §30; 1995 c.545 §2; 1999 c.1051 §44; 2003 c.737 §87]