Rape in the third degree in Oregon is a Class C felony committed when a person has sexual intercourse with someone under 16 years of age. The statute is short, but a conviction carries up to five years in prison, a possible $125,000 fine, mandatory sex offender registration, a lifetime firearm prohibition, and years of restrictive supervision after release.
What the Prosecution Has to Prove
ORS 163.355 defines the offense in a single sentence: a person commits rape in the third degree by having sexual intercourse with another person under 16 years of age.1Oregon State Legislature. Oregon Revised Statutes 163.355 – Rape in the Third Degree Two elements, nothing more: intercourse occurred, and the other person was under 16 at the time.
The statute does not require any particular age for the defendant, any particular age gap, or any use of force or coercion. An 18-year-old and a 40-year-old face the same charge when the other person is under 16. Age alone does the legal work; the higher-degree rape statutes are what cover force, threats, or incapacity.
Available Defenses
Mistake About Age Will Not Work
Oregon law closes off the defense most people would think to raise. Under ORS 163.325, when the charge depends on the victim being under 16, it is not a defense that the defendant did not know the victim’s age or honestly believed the victim was 16 or older.2Oregon Public Law. Oregon Code 163.325 – Ignorance or Mistake as a Defense A fake ID, an older-looking appearance, a direct lie from the other person about their age: none of it matters to the elements of the offense.
The Three-Year Age Proximity Defense
One statutory defense exists, and it is narrow. Under ORS 163.345, when the lack of consent is based solely on the victim being under 16, the defendant can raise as a defense that they were less than three years older than the victim at the time of the act.3Oregon Public Law. Oregon Code 163.345 – Age as a Defense in Certain Cases A 17-year-old with a 15-year-old partner can assert the defense; a 19-year-old cannot. The defendant has to prove the age gap, and the defense is unavailable when the charge rests on something other than age.
Prison Time and Fines
Rape in the third degree is a Class C felony.1Oregon State Legislature. Oregon Revised Statutes 163.355 – Rape in the Third Degree ORS 161.605 sets the maximum prison term for a Class C felony at five years,4Oregon Public Law. Oregon Code 161.605 – Maximum Terms of Imprisonment for Felonies and the court can add a fine of up to $125,000.5Oregon State Legislature. Oregon Code 161 – General Provisions – Section: Disposition of Offenders
Those are the ceilings. The actual sentence runs through Oregon’s sentencing guidelines grid, which cross-references the seriousness of the offense with the defendant’s criminal history to produce a presumptive sentence.6Oregon Criminal Justice Commission. Oregon Sentencing Guidelines Grid A defendant with no record may land in the probation zone of the grid; a defendant with prior convictions will face a presumptive prison term. Judges can depart from the presumptive range but must put written reasons on the record.
Rape in the third degree is not a Measure 11 offense. ORS 137.712 lists it among the convictions excepted from Oregon’s mandatory minimum sentencing scheme,7Oregon Public Law. Oregon Code 137.712 – Exceptions to ORS 137.700 and 137.707 so the grid controls and probation remains possible depending on grid placement.
Supervision After Release
Any prison term is followed by post-prison supervision. The enhanced supervision scheme in ORS 144.103, which applies to rape in the first and second degree, sodomy, unlawful sexual penetration, and sexual abuse in the first and second degree, does not reach rape in the third degree.8Oregon State Legislature. Oregon Revised Statutes 144.103 – Term of Active Post-Prison Supervision for Person Convicted of Certain Offenses The supervision period is the standard term calculated through the sentencing guidelines.
The conditions, though, are the full set required for sex offenses. Under ORS 144.270, the Board of Parole and Post-Prison Supervision must impose a curfew, a prohibition against contact with anyone under 18 without written approval from the supervising officer, and a ban on being present near schools, child care centers, playgrounds, or other places primarily used by minors. The person must enter and complete an approved sex offender treatment program and pay for it themselves. Random polygraphs, a bar on possessing sexually stimulating material relevant to the person’s conduct, no contact with the victim, a driving log, and consent to home or vehicle searches on reasonable grounds all come with the territory.9Oregon State Legislature. Oregon Revised Statutes 144.270 – Conditions of Parole Violating any of them can lead to sanctions or a return to custody.
Sex Offender Registration
Oregon defines “sex crime” to include rape in any degree, so a conviction for rape in the third degree triggers the registration duty under ORS Chapter 163A. The person must report in person to the Oregon State Police, a city police department, or a county sheriff’s office. Updates are required within ten days of any change of residence, employment, or enrollment at a higher education institution.10Oregon Public Law. Oregon Code 163A.010 – Reporting by Sex Offender Discharged, Paroled or Released from Correctional Facility or Another United States Jurisdiction
Risk Classification
Registrants are sorted into three tiers under ORS 163A.100. The State Board of Parole and Post-Prison Supervision adopts the risk assessment methodology and assigns each person to Level 1 (lowest risk, limited public notification), Level 2 (moderate risk, moderate notification), or Level 3 (highest risk, broadest community notification).11Oregon Public Law. Oregon Code 163A.100 – Risk Assessment Methodology; Rules The level determines how closely the person is monitored and how much the community learns.
Getting Off the Registry
Rape in the third degree is one of the specific offenses the legislature singled out for potential relief from registration. ORS 163A.140 lists it among the convictions that may qualify for relief from the reporting obligation if the statutory conditions are met. Separately, any Level 1 registrant can petition the Board of Parole and Post-Prison Supervision for relief under ORS 163A.125.12Oregon State Legislature. Oregon Code 163A – Sex Offender Reporting and Classification Neither path is automatic, and the qualifying criteria matter; this is a question to work through with an attorney.
Missing a Report Is Its Own Crime
Failure to report as a sex offender is itself a chargeable offense under ORS 163A.040. It is generally a Class A misdemeanor, but it rises to a Class C felony when the underlying conviction was a felony.13Oregon Public Law. Oregon Code 163A.040 – Failure to Report as Sex Offender A missed update after a rape in the third degree conviction creates exposure to a new felony on top of the original.
Firearms
A felony conviction ends the right to possess firearms under both federal and Oregon law. 18 U.S.C. ยง 922(g)(1) permanently bars anyone convicted of a crime punishable by more than one year of imprisonment from possessing firearms or ammunition,14Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts and the five-year maximum for a Class C felony clears that bar.
Oregon’s ban under ORS 166.270 is parallel. Any convicted felon who possesses a firearm commits a separate Class C felony. Oregon offers a narrow restoration path: a person with only one felony conviction, not involving homicide or the use of a firearm, may regain possession rights 15 years after discharge from imprisonment, parole, or probation.15Oregon Public Law. Oregon Code 166.270 – Possession of Weapons by Certain Felons Whether that exception reaches a given case depends on the full record.
International Travel
Federal law adds a reporting duty that catches many registrants off guard. Under the International Megan’s Law and SORNA guidelines, every registered sex offender must notify their local sex offender registry at least 21 days before leaving the United States. Emergency travel must be reported as soon as it is scheduled. Submitting a notice does not guarantee admission to any foreign country, and many countries deny entry to registered sex offenders outright. Failing to give notice, or filing a false one, can trigger federal prosecution on its own.16U.S. Marshals Service. International Megan’s Law Complaint Form for Traveling Sex Offenders