Under oregon law as far as i can tell there is a 3 year leniency law. I am 16 and i know this guy who is 19, which would fit under the 3 year law, however, he turned 19 4 days before i turned 16... do the days matter? technically he is 3 years and 4 days older than me. Can he still be charged with anything?
The statute you are referring to is 163.345 (below.) A decision on this would be up to the prosecuting attorney; It may be wise, however, to take this law in it's literal sense. The law says "less than three years older." So, a good test would be to ask yourself, would I be truthful if I stood before a court and said, "I am less than 3 years older"?
If looking a the birth dates he is more than 3 years older even if it's by one day, it can be concluded that the 19 year old is "more than 3 years older" and does not meet the criteria to apply this law as a defense. Again, this would be up to a prosecutor to determine.
163.345 Age as a defense in certain cases.
(1) In any prosecution under ORS 163.355, 163.365, 163.385, 163.395, 163.415, 163.425, 163.427 or 163.435 in which the victim’s lack of consent was due solely to incapacity to consent by reason of being less than a specified age, it is a defense that the actor was less than three years older than the victim at the time of the alleged offense.
(2) In any prosecution under ORS 163.408, when the object used to commit the unlawful sexual penetration was the hand or any part thereof of the actor and in which the victim’s lack of consent was due solely to incapacity to consent by reason of being less than a specified age, it is a defense that the actor was less than three years older than the victim at the time of the alleged offense.
(3) In any prosecution under ORS 163.445 in which the victim’s lack of consent was due solely to incapacity to consent by reason of being less than a specified age, it is a defense that the actor was less than three years older than the victim at the time of the alleged offense if the victim was at least 15 years of age at the time of the alleged offense. [1971 c.743 §108; 1991 c.386 §3; 1991 c.830 §4; 1999 c.626 §24; amendments by 1999 c.626 §45 repealed by 2001 c.884 §1]
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 that 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]
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]