[1971 c.743 §105; 1999 c.949 §2; 2001 c.104 §52] 163.325 Ignorance or mistake as a defense.
(1) In any prosecution under ORS 163.355 to 163.445 in which the criminality of conduct depends on a child’s being under the age of 16, it is no defense that the defendant did not know the child’s age or that the defendant reasonably believed the child to be older than the age of 16.
[1971 c.743 §108; 1991 c.386 §3; 1991 c.830 §4; 1999 c.626 §24; amendments by 1999 c.626 §45 repealed by 2001 c.884 §1] 163.385 Sodomy in the third degree.
(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.(2) Expenses incurred by a lawful custodial parent or a parent enforcing a valid joint custody order in locating and regaining physical custody of the person taken, enticed or kept in violation of this section are “economic damages” for purposes of restitution under ORS 137.103 to 137.109. As used in ORS 163.263 and 163.264, “services” means activities performed by one person under the supervision or for the benefit of another person.[2007 c.811 §1] 163.261 to 163.269 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 163 or any series therein by legislative action.(a) “John school” means any course, class or program intended to educate and prevent recidivism of persons who have been arrested for, charged with or convicted of patronizing a prostitute or purchasing sex with a minor or attempting to patronize a prostitute or purchase sex with a minor.(b) For the purpose of arousing or gratifying the sexual desire of the person or another person, the person intentionally propels any dangerous substance at a victim without the consent of the victim.