(1) Except as permitted under ORS 163.412, a person commits the crime of unlawful sexual penetration in the first degree if the person penetrates the vagina, anus or penis of another with any object and:
- (a) The victim is subjected to forcible compulsion;
- (b) The victim is under 12 years of age; or
- (c) The victim is incapable of consent by reason of mental incapacitation, physical helplessness or incapability of appraising the nature of the victim’s conduct.
- (2) Unlawful sexual penetration in the first degree is a Class A felony.
- (3) As used in this section, “object” includes any body part of the actor.
- (4) When multiple crimes are charged based on one penetrative act, the court may not enter separate convictions for each crime, and may enter only one conviction for the conduct.
[1981 c.549 §3; 1989 c.359 §6; 1991 c.386 §2; 2021 c.82 §6; 2023 c.407 §4]