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The Age of Consent

ORS 163.315 — under 18 cannot consent, with a defense when the gap is under three years

A person under 18 years of age is considered incapable of consenting to a sexual act. A lack of verbal or physical resistance is not, by itself, consent.

  • ORS 163.315
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Who handles this in Oregon: Oregon State Bar Legal Referral Service; and legal aid programs and the state offices, listed in the Oregon directory.

The close in age defense. When the only reason there was no consent is the younger person's age, it is a defense to the charges the section lists that the older person was less than three years older. For one of them, the defense also needs the younger person to have been at least 15.

  • ORS 163.345

The charges themselves, their penalties, and registration are in other sections not covered here. A charge, or the worry of one, is a question for a licensed Oregon attorney.

  • ORS 163.345
Sources for this section (2)
  1. ORS 163.315 — Incapacity to consent
  2. ORS 163.345 — Age as a defense in certain cases

Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Oregon attorney.

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