Nothing in ORS § 163.408, 163.411 or 163.452 prohibits a penetration described in those sections when:

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Terms Used In Oregon Statutes 163.412

  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.

(1) The penetration is part of a medically recognized treatment or diagnostic procedure and is for a legitimate medical purpose; or

(2) The penetration is accomplished by a peace officer or a corrections officer acting in official capacity, or by medical personnel at the request of such an officer, in order to search for weapons, contraband or evidence of crime. [1981 c.549 § 4; 2005 c.488 § 5; 2023 c.200 § 3a]