As used in chapter 743, Oregon Laws 1971, unless the context requires otherwise:

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(1) ‘Forcible compulsion’ means to compel by:

(a) Physical force; or

(b) A threat, express or implied, that places a person in fear of immediate or future death or physical injury to self or another person, or in fear that the person or another person will immediately or in the future be kidnapped.

(2) ‘Mentally incapacitated’ means that a person is rendered incapable of appraising or controlling the conduct of the person at the time of the alleged offense.

(3) ‘Oral or anal sexual intercourse’ means sexual conduct between persons consisting of contact between the sex organs or anus of one person and the mouth or anus of another.

(4) ‘Physically helpless’ means that a person is unconscious or for any other reason is physically unable to communicate unwillingness to an act.

(5) ‘Sexual contact’ means any touching of the sexual or other intimate parts of a person or causing such person to touch the sexual or other intimate parts of the actor for the purpose of arousing or gratifying the sexual desire of either party.

(6) ‘Sexual intercourse’ has its ordinary meaning and occurs upon any penetration, however slight; emission is not required. [1971 c.743 § 104; 1975 c.461 § 1; 1977 c.844 § 1; 1979 c.744 § 7; 1983 c.500 § 1; 1999 c.949 § 1; 2009 c.770 § 1; 2017 c.318 § 2; 2017 c.634 § 17; 2021 c.82 § 1; 2023 c.407 § 1]

Legislative Counsel has substituted ‘chapter 743, Oregon Laws 1971,’ for the words ‘this Act’ in section 104, chapter 743, Oregon Laws 1971, compiled as 163.305. Specific ORS references have not been substituted, pursuant to 173.160. These sections may be determined by referring to the 1971 Comparative Section Table located in Volume 22 of ORS.

[Renumbered 166.180]