State Guide
Age of Consent in Oregon
A plain-English guide to the age of consent in Oregon, cited to ORS 163.345 and 163.355. Oregon has a genuine affirmative defense for a small age gap, written into its own statute.
Affirmative defense under 3 yearsOregon at a glance
The core figures from this guide, in one place.
| Age of consent | 18 |
|---|---|
| Governing statute | ORS 163.355 (Rape, Third Degree); defense at ORS 163.345 |
| Close-in-age mechanism | Affirmative defense, less than 3 years older |
| Age-based defense, if any | Available for most tiers; not for Rape in the First Degree |
| Related offense | Sexual misconduct — ORS 163.445 (its own narrower defense) |
Overview
Oregon sets its age of consent at 18, with rape graded into three degrees depending on the victim’s age. Rape in the third degree, ORS 163.355, applies to sexual intercourse with anyone under 16, regardless of apparent consent.
Oregon does have a genuine close-in-age affirmative defense, written directly into ORS 163.345. It applies across several offenses, including rape in the third and second degree, where the victim’s inability to consent was due solely to age and the defendant was less than three years older. This guide found at least one secondary source claiming Oregon has no such exemption, which directly conflicts with the statute’s own text; this guide relies on the statute itself.
Age of consent in Oregon
ORS 163.355 makes it a Class C felony to have sexual intercourse with someone under 16. More serious tiers apply for a younger victim: rape in the second degree, ORS 163.365, covers a victim under 14, and rape in the first degree, ORS 163.375, covers a victim under 12 or certain family relationships, among other circumstances.
Close-in-age rules in Oregon
ORS 163.345 provides a defense to several offenses, including rape in the third and second degree, sodomy in the third and second degree, and sexual abuse in the third, second, and first degree, where the victim’s lack of consent was due solely to their age and the defendant was less than three years older at the time.
Exceptions and defenses
Oregon courts have held that a defendant’s reasonable mistake about a victim’s age is not a defense to rape in the third degree, since the victim there is under 16, but a mistake-of-age defense can apply to offenses involving a victim who is 16 or 17. This is a genuine, court-recognized distinction: mistake of age matters for the older teen tier, but not for the youngest one.
Applicable statutes
The codified Oregon law this guide is drawn from.
Practical examples
Example 1. A 15-year-old and a 17-year-old, a two-year gap, consensual with no other factor involved. Because the gap is under three years, the ORS 163.345 defense could apply to a rape in the third degree charge.
Example 2. A 15-year-old and a 19-year-old, a four-year gap. This exceeds three years, so the defense is unavailable, and rape in the third degree applies as charged.
Example 3. An 11-year-old and a 13-year-old, a two-year gap. Because the victim is under 12, this falls under rape in the first degree, an offense the close-in-age defense does not apply to at all.
Frequently asked questions about Oregon
What is the age of consent in Oregon?
18. Rape is graded into three degrees by the victim’s age, with rape in the third degree, ORS 163.355, applying to a victim under 16.
Does Oregon have a Romeo and Juliet law?
Yes, a genuine one, written into ORS 163.345. It provides an affirmative defense across several offenses where the defendant is less than three years older than the victim, and the victim’s lack of consent was due solely to age.
Does this defense apply to every offense involving a minor?
No. It does not apply to rape in the first degree, which covers a victim under 12. A separate, narrower defense exists for sexual misconduct, requiring the victim to be at least 15.
Does a mistaken belief about the other person’s age count as a defense?
It depends on the victim’s age. Oregon courts have held that mistake of age is not a defense to rape in the third degree, a victim under 16, but can be a defense involving a victim who is 16 or 17.
Is this defense the same as saying Oregon has no close-in-age law?
No, and this guide found sources that disagree on this point. The statute’s own text, ORS 163.345, plainly establishes an affirmative defense; any claim that no such provision exists conflicts with that text.
Official sources
Primary and official sources this guide is built from.
Where the close-in-age defense applies
The defense is broad but not universal.
| Offense | Defense available? |
|---|---|
| Rape, third degree (victim under 16) | Yes, under 3 years |
| Rape, second degree (victim under 14) | Yes, under 3 years |
| Rape, first degree (victim under 12, or other factors) | No |
| Sexual misconduct (victim under 18) | Yes, narrower: victim must be 15+ |
About this guide
Who wrote it, who reviewed it, and when it was last checked.
RomeoAndJulietLaw.com Editorial Team
Drafted from the Oregon Revised Statutes and Oregon Court of Appeals case law, cross-checked against multiple independent legal references.
Pending attorney review
This guide has not yet been checked by a licensed Oregon attorney. It is sourced and cited, but should not be treated as attorney-reviewed until this line is updated with a named reviewer.
Primary source for this guide
Editorial notes
This guide reflects the Oregon Revised Statutes as of 25 July 2026. It has not yet been reviewed by a licensed Oregon attorney. One discrepancy is noted: at least one secondary source claims Oregon has no close-in-age exemption, which directly conflicts with the plain text of ORS 163.345. This guide relies on the statute’s own language rather than that secondary characterization.