Oregon Legal Age of Consent: Your Complete Guide

What is the Oregon Age of Consent?

Under current state law, the age of consent in Oregon is 18 years of age. While the age of consent is set at 18, Oregon law does contain a close-in-age exemption (commonly called "Romeo and Juliet") that protects those between the ages of 16 and 21 under certain circumstances.
Oregon law provides that a person who is at least 16 years of age may not be charged with unlawful sexual penetration, sexual abuse in the second degree, attempted rape in the second degree, sodomy in the second degree or unlawful sexual penetration in the second degree, if the other person is at least 18 years of age and the actor is no more than three years older than the other person.
Even though there is a close-in-age exemption for defendants from 18 to 21 , only the victim has to be between the ages of 16 and 21. While the defendant may not be over three years older, there is no restriction on how much younger the victim may be. So if the defendant is 21 years old, the victim can be no younger than 16 years old. If the defendant is 20 years old, the victim can be no younger than 17 years old.
Of course, the most common instance where the age of consent comes up for a criminal charge in Oregon is in the statutory rape or sexual abuse statutes (Oregon Revised Statutes 163.435 and 163.441). As described below, these statutes provide exemptions to the statutory sexual assault charges in certain circumstances, so that the prosecutor has some discretion with regard to what they’ll charge the defendant with.

Legal Age of Consent in Oregon

Married or not, engaging in sexual activity with a person below the age of consent in Oregon is a crime. It is classified as either a violation of ORS 163.525 (Sexual misconduct with a minor in the third degree) or ORS 163.515 (Sexual abuse in the first degree).
The difference between the two crimes comes down to the ages of both participants. Those charged under ORS 163.525 will have engaged in sexual activity with a minor aged at least 16 years but less than 18 years. However, if they are charged with sexual abuse in the first degree, it is because the victim was at least 12 years old but younger than 16 years.
Individuals charged with violating ORS 163.525 will face class A misdemeanor penalties. This means they will be subject to a year behind bars and a fine of $6,250.
When sexual abuse in the first degree is suspected, the charge will be for a class B felony instead. Those convicted in Oregon of a class B felony face up to ten years in prison. They will also be subject to a fine of $250,000.
In addition to the standard penalties associated with these violations of Oregon law, those found guilty of engaging in sexual conduct with a minor may also be made to register as offenders. Local, state and federal databases all store photos, personal identifying information and history about sex offenders. Authorities periodically check on information for these registered citizens, often sending officers into their communities to conduct random checks. Any failure to keep information accurate or allow for verification and compliance may incur additional charges.
Victims who have reached the age of consent in Oregon must be proven by a jury to be legally capable of giving consent. This issue often arises in cases of intoxication; therefore, any evidence of a victim’s blood alcohol level or use of illicit drugs may be part of a secondary criminal trial.

Oregon Close-in-Age Exceptions

Oregon handles close-in-age exemptions in a unique way. Under the laws, a victim younger than 18 who engages in consensual sexual activity with an offender aged 18 or older is exempt from this law if the offender is less than three years older than the victim when the activity occurs. For example, if a 16-year-old has consensual sex with her 18-year-old boyfriend, even if it is a violation of the law, the case would likely not be prosecuted by the state. In most cases, the prosecutors will only file charges for such a relationship if the older partner in the relationship has committed an associated crime such as forcing the other partner to commit illegal acts like prostitution or performing sexual acts for money. They probably will not file charges if the other issues are absent, even if the older partner had sex with the victim when she was younger than 18.

State Consent Laws: Oregon vs Other States

The age of consent varies throughout the United States, and offenders in Oregon should be mindful of the different state laws that may apply to them. For example, if a person is charged with sexual conduct with a minor, then the charges may be pursued in another state if some of the alleged acts occurred there.
Since Oregon shares a border with California, Washington, Nevada, and Idaho (collectively, the "border states"), it is helpful to understand how the age of consent laws compare with those states.
California, like Oregon, has a legal age of consent of 18. The crime of statutory rape in California is defined as any sexual intercourse with a minor who is under the age of 18. Although this is a crime with strict liability in California, penalties may be enhanced for repeat offenders who have prior convictions for certain sex crimes or for those who have previously been required to register as sex offenders. A violation of California Penal Code 261.5(a), the law prohibiting unlawful sex with a minor, is a misdemeanor punishable by up to one year in county jail. A second or subsequent conviction of statutory rape under California Penal Code 261.5 is a felony, that may be punishable by two, three , or four years in state prison.
Washington also has a legal age of consent of 16. Washington law provides that it is a crime for a person who is at least 60 months older than a victim who is at least 14 years of age but less than 16 years of age to engage in or cause sexual contact with the victim. Washington criminal laws stipulate that a violation of this provision is a gross misdemeanor punishable by up to one year in county jail.
Idaho has a legal age of consent of 18. Unlike the age of consent laws now in effect in Oregon, Washington, California, and Nevada, a violation of Idaho law against sexual conduct with a minor even if the minor is 18 or older is a criminal offense. A violation of Idaho Code 18-6109, Idaho’s statutory rape law, is a misdemeanor punishable by up to a year in county jail.
Nevada’s legal age of consent is 16, but its statutory rape law has recently been amended. Prior to the law change, the legal age of consent in Nevada was 16, however, new amendments to the law now specify that anyone who is 21 years of age or older and who has sexual relations with someone who is younger than 16 years of age can be prosecuted for a violation of Nevada law. Under the current law, the crime of statutory rape is a category B felony if the perpetrator is over 21 years of age at the time of the crime.
Finally, in Idaho, anyone who is under the age of 18 can give consent under statute. For all of Oregon’s bordering states, the minimum age of consent is 16.

The Effect of Age of Consent Laws on Teen Relationships

The age of consent laws not only shape legal boundaries but also impact the ways in which teenagers form relationships and socialize. In Oregon, the current age of consent is 18, and violators of this law may find themselves charged with serious offenses such as statutory rape. While the intention of these laws is to protect minors from exploitation, they may also influence the social dynamics and dating culture among adolescents.
Teenagers face significant peer pressure to engage in sexual behavior, a theme prominently reflected in numerous studies and psychological analyses. In environments where such behaviors are normalized, age of consent laws serve as a critical counterbalance. The distinction between legal adulthood and adolescence can establish a legal framework for understanding and addressing sexual coercion or abuse. Parents, educators, and legislators often view the age of consent as a critical tool in protecting youth, teaching them to recognize the difference between consensual relationships and those that are exploitative.
The social implications of age of consent laws can be complicated and vary depending on cultural contexts. For one, these laws raise questions about the appropriate age for sexual education, with some arguing for early implementation in schools to prevent teen pregnancy and sexually transmitted infections. However, conservative opposition often sees this as inadvertently encouraging sexual exploration. Oregon law mandates sexual health education in schools, but the content and approach can vary widely. Critics of current approaches argue for a more comprehensive curriculum that includes discussions of consent, power dynamics, and safe relationships.
Furthermore, the notion of what constitutes consent can also be influenced by societal attitudes. The Supreme Court has set the age of consent at 16 in the context of same-sex relationships but left it to states to set their own standards. Thus, there is often a perception that certain sexual activities, even between minors, are permissible if consensual. Notably, some states have "Romeo and Juliet" laws, which provide certain legal protections for teens close in age who engage in sexual activity, without fear of prosecution. Oregon has such a law, which exempts individuals under the age of 18 who are within three years of one another from statutory rape charges. This "floor effect" can inadvertently contribute to perceptions that the age of consent laws in place are less stringent than they actually are.
Another significant factor to consider is the impact of technology and social media on teenagers’ sexualized behavior. Whether sexting, inappropriate images, or other forms of cyber harassment, the internet age has introduced new ways for adolescents to engage with one another sexually. When minors share sexually explicit material, they may be unaware that they could potentially be violating the law. This is an ever-increasing concern for parents, educators, and legislators.

Where Teens in Oregon Can Get Help

Oregon has a number of resources that provide sexual health education and legal advice to youth. Some of these available resources are listed below.
The Oregon Youth Resource Center (OR-YR) provides information to youth about the legal age of consent and where to get legal representation. OR-YR is a volunteer-based program of Outside In; a non-profit organization with locations in Portland and Bend, Oregon. OR-YR provides basic legal advice, legal representation and social services to homeless and low-income youth, ages 14-24. OR-YR’s legal programs focus on Criminal and Civil Defense, Housing, and Education Law (See OR-YR Legal Services) . The OR-YR youth hotline is available 24/7 at 888-995-7255 and provides crisis counseling and information about available legal services to youth 24 hours a day, seven days a week.
The Sexual Assault Resource Center (SARC) provides services and legal advocacy to youth who have been victims of abuse or violence. SARC provides free services such as confidential 24-hour support, reporting options, and legal advocacy to survivors of sexual assault, domestic violence, and stalking. If you are in immediate danger or have an urgent medical need, call 911 or go to your nearest hospital emergency room.