Section 163.454 - Custodial sexual misconduct in the second degree(1) A person commits the crime of custodial sexual misconduct in the second degree if the person: (a) Engages in sexual contact with another person knowing that the other person is: (A) In the custody of a law enforcement agency following arrest;(B) Confined or detained in a correctional facility;(C) Participating in an adult in custody or offender work crew or work release program; or(D) On probation, parole, post-prison supervision or other form of conditional or supervised release; and(b) Is employed by or under contract with the state or local agency that: (A) Employs the officer who arrested the other person;(B) Operates the correctional facility in which the other person is confined or detained;(C) Is responsible for supervising the other person in a work crew or work release program or on probation, parole, post-prison supervision or other form of conditional or supervised release; or(D) Engages the other person in work or on-the-job training pursuant to ORS 421.354(1).(2) Consent of the other person to sexual contact is not a defense to a prosecution under this section.(3) Lack of supervisory authority over the other person is an affirmative defense to a prosecution under this section when the other person is on probation, parole, post-prison supervision or other form of conditional or supervised release.(4) Custodial sexual misconduct in the second degree is a Class A misdemeanor.Amended by 2019 Ch. 213,§ 42, eff. 1/1/2020.