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Oregon Registerable Sex Crimes
SEXUAL OFFENSES 
  
      163.305 Definitions. As used in chapter 743, Oregon Laws 1971, unless the context requires otherwise:
      (1) “Deviate sexual intercourse” means sexual conduct between persons consisting of contact between the sex organs of one person and the mouth or anus of another.
      (2) “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. 
      (3) “Mentally defective” means that a person suffers from a mental disease or defect that renders the person incapable of appraising the nature of the conduct of the person.
      (4) “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 because of the influence of a controlled or other intoxicating substance administered to the person without the consent of the person or because of any other act committed upon the person without the consent of the person.
      (5) “Physically helpless” means that a person is unconscious or for any other reason is physically unable to communicate unwillingness to an act. 
      (6) “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.
      (7) “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]
 
      Note: 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 20 of ORS.
 
      163.315 Incapacity to consent; effect of lack of resistance. (1) A person is considered incapable of consenting to a sexual act if the person is:
      (a) Under 18 years of age;
      (b) Mentally defective;
      (c) Mentally incapacitated; or
      (d) Physically helpless.
      (2) A lack of verbal or physical resistance does not, by itself, constitute consent but may be considered by the trier of fact along with all other relevant evidence. [1971 c.743 §105; 1999 c.949 §2; 2001 c.104 §52]
 
      163.325 Ignorance or mistake as a defense. (1) In any prosecution under ORS 163.355 to 163.445 in which the criminality of conduct depends on a child’s being under the age of 16, it is no defense that the defendant did not know the child’s age or that the defendant reasonably believed the child to be older than the age of 16.
      (2) When criminality depends on the child’s being under a specified age other than 16, it is an affirmative defense for the defendant to prove that the defendant reasonably believed the child to be above the specified age at the time of the alleged offense.
      (3) In any prosecution under ORS 163.355 to 163.445 in which the victim’s lack of consent is based solely upon the incapacity of the victim to consent because the victim is mentally defective, mentally incapacitated or physically helpless, it is an affirmative defense for the defendant to prove that at the time of the alleged offense the defendant did not know of the facts or conditions responsible for the victim’s incapacity to consent. [1971 c.743 §106]
 
      163.345 Age as a defense in certain cases. (1) In any prosecution under ORS 163.355, 163.365, 163.385, 163.395, 163.415, 163.425, 163.427 or 163.435 in which the victim’s lack of consent was due solely to incapacity to consent by reason of being less than a specified age, it is a defense that the actor was less than three years older than the victim at the time of the alleged offense.
      (2) In any prosecution under ORS 163.408, when the object used to commit the unlawful sexual penetration was the hand or any part thereof of the actor and in which the victim’s lack of consent was due solely to incapacity to consent by reason of being less than a specified age, it is a defense that the actor was less than three years older than the victim at the time of the alleged offense.
      (3) In any prosecution under ORS 163.445 in which the victim’s lack of consent was due solely to incapacity to consent by reason of being less than a specified age, it is a defense that the actor was less than three years older than the victim at the time of the alleged offense if the victim was at least 15 years of age at the time of the alleged offense. [1971 c.743 §108; 1991 c.386 §3; 1991 c.830 §4; 1999 c.626 §24; amendments by 1999 c.626 §45 repealed by 2001 c.884 §1]
 
      163.355 Rape in the third degree. (1) A person commits the crime of rape in the third degree if the person has sexual intercourse with another person under 16 years of age.
      (2) Rape in the third degree is a Class C felony. [1971 c.743 §109; 1991 c.628 §1]
 
      163.365 Rape in the second degree. (1) A person who has sexual intercourse with another person commits the crime of rape in the second degree if the other person is under 14 years of age.
      (2) Rape in the second degree is a Class B felony. [1971 c.743 §110; 1989 c.359 §1; 1991 c.628 §2]
 
      163.375 Rape in the first degree. (1) A person who has sexual intercourse with another person commits the crime of rape in the first degree if:
      (a) The victim is subjected to forcible compulsion by the person;
      (b) The victim is under 12 years of age;
      (c) The victim is under 16 years of age and is the person’s sibling, of the whole or half blood, the person’s child or the person’s spouse’s child; or
      (d) The victim is incapable of consent by reason of mental defect, mental incapacitation or physical helplessness.
      (2) Rape in the first degree is a Class A felony. [1971 c.743 §111; 1989 c.359 §2; 1991 c.628 §3]
      163.385 Sodomy in the third degree. (1) A person commits the crime of sodomy in the third degree if the person engages in deviate sexual intercourse with another person under 16 years of age or causes that person to engage in deviate sexual intercourse.
      (2) Sodomy in the third degree is a Class C felony. [1971 c.743 §112]
 
      163.395 Sodomy in the second degree. (1) A person who engages in deviate sexual intercourse with another person or causes another to engage in deviate sexual intercourse commits the crime of sodomy in the second degree if the victim is under 14 years of age.
      (2) Sodomy in the second degree is a Class B felony. [1971 c.743 §113; 1989 c.359 §3]
 
      163.405 Sodomy in the first degree. (1) A person who engages in deviate sexual intercourse with another person or causes another to engage in deviate sexual intercourse commits the crime of sodomy in the first degree if:
      (a) The victim is subjected to forcible compulsion by the actor;
      (b) The victim is under 12 years of age;
      (c) The victim is under 16 years of age and is the actor’s brother or sister, of the whole or half blood, the son or daughter of the actor or the son or daughter of the actor’s spouse; or
      (d) The victim is incapable of consent by reason of mental defect, mental incapacitation or physical helplessness.
      (2) Sodomy in the first degree is a Class A felony. [1971 c.743 §114; 1989 c.359 §4]
 
      163.408 Unlawful sexual penetration in the second degree. (1) Except as permitted under ORS 163.412, a person commits the crime of unlawful sexual penetration in the second degree if the person penetrates the vagina, anus or penis of another with any object other than the penis or mouth of the actor and the victim is under 14 years of age.
      (2) Unlawful sexual penetration in the second degree is a Class B felony. [1981 c.549 §2; 1989 c.359 §5; 1991 c.386 §1]
 
      163.411 Unlawful sexual penetration in the first degree. (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 other than the penis or mouth of the actor 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 defect, mental incapacitation or physical helplessness.
      (2) Unlawful sexual penetration in the first degree is a Class A felony. [1981 c.549 §3; 1989 c.359 §6; 1991 c.386 §2]
 
      163.412 Exceptions to unlawful sexual penetration prohibition. Nothing in ORS 163.408, 163.411 or 163.452 prohibits a penetration described in those sections when:
      (1) The penetration is part of a medically recognized treatment or diagnostic procedure; 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]
 
      163.415 Sexual abuse in the third degree. (1) A person commits the crime of sexual abuse in the third degree if the person subjects another person to sexual contact and:
      (a) The victim does not consent to the sexual contact; or
      (b) The victim is incapable of consent by reason of being under 18 years of age.
      (2) Sexual abuse in the third degree is a Class A misdemeanor. [1971 c.743 §115; 1979 c.489 §1; 1991 c.830 §1; 1995 c.657 §11; 1995 c.671 §9]
 
      163.425 Sexual abuse in the second degree. (1) A person commits the crime of sexual abuse in the second degree when that person subjects another person to sexual intercourse, deviate sexual intercourse or, except as provided in ORS 163.412, penetration of the vagina, anus or penis with any object other than the penis or mouth of the actor and the victim does not consent thereto.
      (2) Sexual abuse in the second degree is a Class C felony. [1971 c.743 §116; 1983 c.564 §1; 1991 c.386 §14; 1991 c.830 §2]
 
      163.427 Sexual abuse in the first degree. (1) A person commits the crime of sexual abuse in the first degree when that person:
      (a) Subjects another person to sexual contact and:
      (A) The victim is less than 14 years of age;
      (B) The victim is subjected to forcible compulsion by the actor; or
      (C) The victim is incapable of consent by reason of being mentally defective, mentally incapacitated or physically helpless; or
      (b) Intentionally causes a person under 18 years of age to touch or contact the mouth, anus or sex organs of an animal for the purpose of arousing or gratifying the sexual desire of a person.
      (2) Sexual abuse in the first degree is a Class B felony. [1991 c.830 §3; 1995 c.657 §12; 1995 c.671 §10]
 
      Note: 163.427 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 163 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
 
      163.431 Definitions for ORS 163.432 to 163.434. As used in ORS 163.432 to 163.434:
      (1) “Child” means a person who the defendant reasonably believes to be under 16 years of age.
      (2) “Online communication” means communication that occurs via electronic mail, personal or instant messaging, chat rooms, bulletin boards or any other method of communicating over the Internet.
      (3) “Sexual contact” has the meaning given that term in ORS 163.305.
      (4) “Sexually explicit conduct” has the meaning given that term in ORS 163.665.
      (5) “Solicit” means to invite, request, seduce, lure, entice, persuade, prevail upon, coax, coerce or attempt to do so. [2007 c.876 §1]
 
      Note: 163.431 to 163.434 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 163 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
 
      163.432 Online sexual corruption of a child in the second degree. (1) A person commits the crime of online sexual corruption of a child in the second degree if the person is 18 years of age or older and:
      (a) For the purpose of arousing or gratifying the sexual desire of the person or another person, knowingly uses an online communication to solicit a child to engage in sexual contact or sexually explicit conduct; and
      (b) Offers or agrees to physically meet with the child.
      (2) Online sexual corruption of a child in the second degree is a Class C felony. [2007 c.876 §2]
 
      Note: See note under 163.431.
 
      163.433 Online sexual corruption of a child in the first degree. (1) A person commits the crime of online sexual corruption of a child in the first degree if the person violates ORS 163.432 and intentionally takes a substantial step toward physically meeting with or encountering the child.
      (2) Online sexual corruption of a child in the first degree is a Class B felony. [2007 c.876 §3]
 
      Note: See note under 163.431.
 
      163.434 Provisions applicable to online sexual corruption of a child. (1) It is an affirmative defense to a prosecution for online sexual corruption of a child in the first or second degree that the person was not more than three years older than the person reasonably believed the child to be.
      (2) It is not a defense to a prosecution for online sexual corruption of a child in the first or second degree that the person was in fact communicating with a law enforcement officer, as defined in ORS 163.730, or a person working under the direction of a law enforcement officer, who is 16 years of age or older.
      (3) Online sexual corruption of a child in the first or second degree is committed in either the county in which the communication originated or the county in which the communication was received. [2007 c.876 §4]
 
      163.435 Contributing to the sexual delinquency of a minor. (1) A person 18 years of age or older commits the crime of contributing to the sexual delinquency of a minor if:
      (a) Being a male, he engages in sexual intercourse with a female under 18 years of age; or
      (b) Being a female, she engages in sexual intercourse with a male under 18 years of age; or
      (c) The person engages in deviate sexual intercourse with another person under 18 years of age or causes that person to engage in deviate sexual intercourse.
      (2) Contributing to the sexual delinquency of a minor is a Class A misdemeanor. [1971 c.743 §117]
 
      163.445 Sexual misconduct. (1) A person commits the crime of sexual misconduct if the person engages in sexual intercourse or deviate sexual intercourse with an unmarried person under 18 years of age.
      (2) Sexual misconduct is a Class C misdemeanor. [1971 c.743 §118]
 
       163.465 Public indecency. (1) A person commits the crime of public indecency if while in, or in view of, a public place the person performs:
      (a) An act of sexual intercourse;
      (b) An act of deviate sexual intercourse; or
      (c) An act of exposing the genitals of the person with the intent of arousing the sexual desire of the person or another person.
      (2)(a) Public indecency is a Class A misdemeanor.
      (b) Notwithstanding paragraph (a) of this subsection, public indecency is a Class C felony if the person has a prior conviction for public indecency or a crime described in ORS 163.355 to 163.445 or for a crime in another jurisdiction that, if committed in this state, would constitute public indecency or a crime described in ORS 163.355 to 163.445. [1971 c.743 §120; 1999 c.962 §1; 2005 c.434 §1]
 
      163.466 Public indecency; felony; sentencing classification. The Oregon Criminal Justice Commission shall classify felony public indecency as a person felony and crime category 6 of the sentencing guidelines grid of the commission. [1999 c.962 §3]
 
      Note: 163.466 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 163 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
 
      163.467 Private indecency. (1) A person commits the crime of private indecency if the person exposes the genitals of the person with the intent of arousing the sexual desire of the person or another person and:
      (a) The person is in a place where another person has a reasonable expectation of privacy;
      (b) The person is in view of the other person;
      (c) The exposure reasonably would be expected to alarm or annoy the other person; and
      (d) The person knows that the other person did not consent to the exposure.
      (2) Private indecency is a Class A misdemeanor.
      (3) Subsection (1) of this section does not apply to a person who commits the act described in subsection (1) of this section if the person cohabits with and is involved in a sexually intimate relationship with the other person.
      (4) For purposes of this section, “place where another person has a reasonable expectation of privacy” includes, but is not limited to, residences, yards of residences, working areas and offices. [1999 c.869 §2]
 
      163.476 Unlawfully being in a location where children regularly congregate. (1) A person commits the crime of unlawfully being in a location where children regularly congregate if the person:
      (a)(A) Has been designated a sexually violent dangerous offender under ORS 137.765;
      (B) Has been designated a predatory sex offender under ORS 181.585 and does not have written approval from the State Board of Parole and Post-Prison Supervision or the person’s supervisory authority or supervising officer to be in or upon the specific premises;
      (C) Has been sentenced as a dangerous offender under ORS 161.725 upon conviction of a sex crime; or
      (D) Has been given a similar designation or been sentenced under a similar law of another jurisdiction; and
      (b) Knowingly enters or remains in or upon premises where persons under 18 years of age regularly congregate.
      (2) As used in this section:
      (a) “Premises where persons under 18 years of age regularly congregate” means schools, child care centers, playgrounds, other places intended for use primarily by persons under 18 years of age and places where persons under 18 years of age gather for regularly scheduled educational and recreational programs.
      (b) “Sex crime” has the meaning given that term in ORS 181.594.
      (3) Unlawfully being in a location where children regularly congregate is a Class A misdemeanor. [2005 c.811 §1]
 
      Note: 163.476 and 163.479 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 163 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
 
      163.479 Unlawful contact with a child. (1) A person commits the crime of unlawful contact with a child if the person:
      (a)(A) Has been designated a sexually violent dangerous offender under ORS 137.765;
      (B) Has been designated a predatory sex offender under ORS 181.585;
      (C) Has been sentenced as a dangerous offender under ORS 161.725 upon conviction of a sex crime; or
      (D) Has been given a similar designation or been sentenced under a similar law of another jurisdiction; and
      (b) Knowingly contacts a child with the intent to commit a crime or for the purpose of arousing or satisfying the sexual desires of the person or another person.
      (2) As used in this section:
      (a) “Child” means a person under 18 years of age.
      (b) “Contact” means to communicate in any manner.
      (c) “Sex crime” has the meaning given that term in ORS 181.594.
      (3) Unlawful contact with a child is a Class C felony. [2005 c.811 §2]
 
      Note: See note under 163.476.
 
163.525 Incest. (1) A person commits the crime of incest if the person marries or engages in sexual intercourse or deviate sexual intercourse with a person whom the person knows to be related to the person, either legitimately or illegitimately, as an ancestor, descendant or brother or sister of either the whole or half blood.
      (2) Incest is a Class C felony. [1971 c.743 §172]
 
VISUAL RECORDING OF SEXUAL CONDUCT OF CHILDREN
 
      163.665 Definitions for ORS 163.670 to 163.693. As used in ORS 163.670 to 163.693:
      (1) “Child” means a person who is less than 18 years of age, and any reference to a child in relation to a photograph, motion picture, videotape or other visual recording of the child is a reference to a person who was less than 18 years of age at the time the original image in the photograph, motion picture, videotape or other visual recording was created and not the age of the person at the time of an alleged offense relating to the subsequent reproduction, use or possession of the visual recording.
      (2) “Child abuse” means conduct that constitutes, or would constitute if committed in this state, a crime in which the victim is a child.
      (3) “Sexually explicit conduct” means actual or simulated:
      (a) Sexual intercourse or deviant sexual intercourse;
      (b) Genital-genital, oral-genital, anal-genital or oral-anal contact, whether between persons of the same or opposite sex or between humans and animals;
      (c) Penetration of the vagina or rectum by any object other than as part of a medical diagnosis or treatment or as part of a personal hygiene practice;
      (d) Masturbation;
      (e) Sadistic or masochistic abuse; or
      (f) Lewd exhibition of sexual or other intimate parts.
      (4) “Visual depiction” includes, but is not limited to, photographs, films, videotapes, pictures or computer or computer-generated images or pictures, whether made or produced by electronic, mechanical or other means. [1985 c.557 §2; 1987 c.864 §1; 1991 c.664 §4; 1995 c.768 §4; 1997 c.719 §5]
 
      163.670 Using child in display of sexually explicit conduct. (1) A person commits the crime of using a child in a display of sexually explicit conduct if the person employs, authorizes, permits, compels or induces a child to participate or engage in sexually explicit conduct for any person to observe or to record in a photograph, motion picture, videotape or other visual recording.
      (2) Using a child in a display of sexually explicit conduct is a Class A felony. [1985 c.557 §3; 1987 c.864 §3; 1991 c.664 §5]
 
      163.676 Exemption from prosecution under ORS 163.684. (1) No employee is liable to prosecution under ORS 163.684 or under any city or home rule county ordinance for exhibiting or possessing with intent to exhibit any obscene matter or performance provided the employee is acting within the scope of regular employment at a showing open to the public.
      (2) As used in this section, “employee” means any person regularly employed by the owner or operator of a motion picture theater if the person has no financial interest other than salary or wages in the ownership or operation of the motion picture theater, no financial interest in or control over the selection of the motion pictures shown in the theater, and is working within the motion picture theater where the person is regularly employed, but does not include a manager of the motion picture theater. [Formerly 163.495; 1995 c.768 §5]
 
      163.682 Exceptions to ORS 163.665 to 163.693. The provisions of ORS 163.665 to 163.693 do not apply to:
      (1) Any legitimate medical procedure performed by or under the direction of a person licensed to provide medical services for the purpose of medical diagnosis or treatment, including the recording of medical procedures;
      (2) Any activity undertaken in the course of bona fide law enforcement activity or necessary to the proper functioning of the criminal justice system, except that this exception shall not apply to any activity prohibited by ORS 163.670;
      (3) Any bona fide educational activity, including studies and lectures, in the fields of medicine, psychotherapy, sociology or criminology, except that this exception shall not apply to any activity prohibited by ORS 163.670;
      (4) Obtaining, viewing or possessing a photograph, motion picture, videotape or other visual recording as part of a bona fide treatment program for sexual offenders; or
      (5) A public library, as defined in ORS 357.400, or a library exempt from taxation under ORS 307.090 or 307.130, except that these exceptions do not apply to any activity prohibited by ORS 163.670. [1991 c.664 §3]
 
      163.684 Encouraging child sexual abuse in the first degree. (1) A person commits the crime of encouraging child sexual abuse in the first degree if the person:
      (a)(A) Knowingly develops, duplicates, publishes, prints, disseminates, exchanges, displays, finances, attempts to finance or sells any photograph, motion picture, videotape or other visual recording of sexually explicit conduct involving a child or possesses such matter with the intent to develop, duplicate, publish, print, disseminate, exchange, display or sell it; or
      (B) Knowingly brings into this state, or causes to be brought or sent into this state, for sale or distribution, any photograph, motion picture, videotape or other visual recording of sexually explicit conduct involving a child; and
      (b) Knows or is aware of and consciously disregards the fact that creation of the visual recording of sexually explicit conduct involved child abuse.
      (2) Encouraging child sexual abuse in the first degree is a Class B felony. [1995 c.768 §2]
 
      163.686 Encouraging child sexual abuse in the second degree. (1) A person commits the crime of encouraging child sexual abuse in the second degree if the person:
      (a)(A)(i) Knowingly possesses or controls any photograph, motion picture, videotape or other visual recording of sexually explicit conduct involving a child for the purpose of arousing or satisfying the sexual desires of the person or another person; or
      (ii) Knowingly pays, exchanges or gives anything of value to obtain or view a photograph, motion picture, videotape or other visual recording of sexually explicit conduct involving a child for the purpose of arousing or satisfying the sexual desires of the person or another person; and
      (B) Knows or is aware of and consciously disregards the fact that creation of the visual recording of sexually explicit conduct involved child abuse; or
      (b)(A) Knowingly pays, exchanges or gives anything of value to observe sexually explicit conduct by a child or knowingly observes, for the purpose of arousing or gratifying the sexual desire of the person, sexually explicit conduct by a child; and
      (B) Knows or is aware of and consciously disregards the fact that the conduct constitutes child abuse.
      (2) Encouraging child sexual abuse in the second degree is a Class C felony. [1995 c.768 §3]
      163.687 Encouraging child sexual abuse in the third degree. (1) A person commits the crime of encouraging child sexual abuse in the third degree if the person:
      (a)(A)(i) Knowingly possesses or controls any photograph, motion picture, videotape or other visual recording of sexually explicit conduct involving a child for the purpose of arousing or satisfying the sexual desires of the person or another person; or
      (ii) Knowingly pays, exchanges or gives anything of value to obtain or view a photograph, motion picture, videotape or other visual recording of sexually explicit conduct involving a child for the purpose of arousing or satisfying the sexual desires of the person or another person; and
      (B) Knows or fails to be aware of a substantial and unjustifiable risk that the creation of the visual recording of sexually explicit conduct involved child abuse; or
      (b)(A) Knowingly pays, exchanges or gives anything of value to observe sexually explicit conduct by a child or knowingly observes, for the purpose of arousing or gratifying the sexual desire of the person, sexually explicit conduct by a child; and
      (B) Knows or fails to be aware of a substantial and unjustifiable risk that the conduct constitutes child abuse.
      (2) Encouraging child sexual abuse in the third degree is a Class A misdemeanor. [1995 c.768 §3a]
 
      163.688 Possession of materials depicting sexually explicit conduct of a child in the first degree. (1) A person commits the crime of possession of materials depicting sexually explicit conduct of a child in the first degree if the person:
      (a) Knowingly possesses any visual depiction of sexually explicit conduct involving a child or any visual depiction of sexually explicit conduct that appears to involve a child; and
      (b) Uses the visual depiction to induce a child to participate or engage in sexually explicit conduct.
      (2) Possession of materials depicting sexually explicit conduct of a child in the first degree is a Class B felony. [1997 c.719 §3]
 
      163.689 Possession of materials depicting sexually explicit conduct of a child in the second degree. (1) A person commits the crime of possession of materials depicting sexually explicit conduct of a child in the second degree if the person:
      (a) Knowingly possesses any visual depiction of sexually explicit conduct involving a child or any visual depiction of sexually explicit conduct that appears to involve a child; and
      (b) Intends to use the visual depiction to induce a child to participate or engage in sexually explicit conduct.
      (2) Possession of materials depicting sexually explicit conduct of a child in the second degree is a Class C felony. [1997 c.719 §4]
 
      163.690 Lack of knowledge of age of child as affirmative defense. It is an affirmative defense to any prosecution under ORS 163.684, 163.686, 163.687 or 163.693 that the defendant, at the time of engaging in the conduct prohibited therein, did not know and did not have reason to know that the relevant sexually explicit conduct involved a child. [1985 c.557 §7; 1987 c.864 §13; 1991 c.664 §9; 1995 c.768 §6]
 
KIDNAPPING AND RELATED OFFENSES
 
      163.215 Definitions for ORS 163.215 to 163.257. As used in ORS 163.215 to 163.257, unless the context requires otherwise:
      (1) “Without consent” means that the taking or confinement is accomplished by force, threat or deception, or, in the case of a person under 16 years of age or who is otherwise incapable of giving consent, that the taking or confinement is accomplished without the consent of the lawful custodian of the person.
      (2) “Lawful custodian” means a parent, guardian or other person responsible by authority of law for the care, custody or control of another.
      (3) “Relative” means a parent, ancestor, brother, sister, uncle or aunt. [1971 c.743 §97]
 
      163.225 Kidnapping in the second degree. (1) A person commits the crime of kidnapping in the second degree if, with intent to interfere substantially with another’s personal liberty, and without consent or legal authority, the person:
      (a) Takes the person from one place to another; or
      (b) Secretly confines the person in a place where the person is not likely to be found.
      (2) It is a defense to a prosecution under subsection (1) of this section if:
      (a) The person taken or confined is under 16 years of age;
      (b) The defendant is a relative of that person; and
      (c) The sole purpose of the person is to assume control of that person.
      (3) Kidnapping in the second degree is a Class B felony. [1971 c.743 §98; 2005 c.22 §111]
 
      163.235 Kidnapping in the first degree. (1) A person commits the crime of kidnapping in the first degree if the person violates ORS 163.225 with any of the following purposes:
      (a) To compel any person to pay or deliver money or property as ransom;
      (b) To hold the victim as a shield or hostage;
      (c) To cause physical injury to the victim; or
      (d) To terrorize the victim or another person.
      (2) Kidnapping in the first degree is a Class A felony. [1971 c.743 §99; 2005 c.22 §112]
 
      
167.012 Promoting prostitution. (1) A person commits the crime of promoting prostitution if, with intent to promote prostitution, the person knowingly:
      (a) Owns, controls, manages, supervises or otherwise maintains a place of prostitution or a prostitution enterprise; or
      (b) Induces or causes a person to engage in prostitution or to remain in a place of prostitution; or
      (c) Receives or agrees to receive money or other property, other than as a prostitute being compensated for personally rendered prostitution services, pursuant to an agreement or understanding that the money or other property is derived from a prostitution activity; or
      (d) Engages in any conduct that institutes, aids or facilitates an act or enterprise of prostitution.
      (2) Promoting prostitution is a Class C felony. [1971 c.743 §251] 
  
  
      167.017 Compelling prostitution. (1) A person commits the crime of compelling prostitution if the person knowingly:
      (a) Uses force or intimidation to compel another to engage in prostitution; or
      (b) Induces or causes a person under 18 years of age to engage in prostitution; or
      (c) Induces or causes the spouse, child or stepchild of the person to engage in prostitution.
      (2) Compelling prostitution is a Class B felony. [1971 c.743 §252]