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Oregon Registerable Sex Crimes

​181.805 Definitions for ORS 181.800 to 181.845.

   (5) “Sex crime” means:

      (a) Rape in any degree;

      (b) Sodomy in any degree;

      (c) Unlawful sexual penetration in any degree;

      (d) Sexual abuse in any degree;

      (e) Incest with a child victim;

      (f) Using a child in a display of sexually explicit conduct;

      (g) Encouraging child sexual abuse in any degree;

      (h) Transporting child pornography into the state;

      (i) Paying for viewing a child’s sexually explicit conduct;

      (j) Compelling prostitution;

      (k) Promoting prostitution;

      (L) Kidnapping in the first degree if the victim was under 18 years of age;

      (m) Contributing to the sexual delinquency of a minor;

      (n) Sexual misconduct if the offender is at least 18 years of age;

      (o) Possession of materials depicting sexually explicit conduct of a child in the first degree;

      (p) Kidnapping in the second degree if the victim was under 18 years of age, except by a parent or by a person found to be within the jurisdiction of the juvenile court;

      (q) Online sexual corruption of a child in any degree if the offender reasonably believed the child to be more than five years younger than the offender;

      (r) Luring a minor, if:

      (A) The offender reasonably believed the child to be more than five years younger than the offender or under 16 years of age; and

      (B) The court designates in the judgment that the offense is a sex crime;

      (s) Sexual assault of an animal;

      (t) Public indecency or private indecency, if the person has a prior conviction for a crime listed in this subsection;

      (u) Trafficking in persons as described in ORS 163.266 (1)(b) or (c);

      (v) Purchasing sex with a minor if the court designates the offense as a sex crime pursuant to ORS 163.413 (3)(d), or the offense is the defendant’s second or subsequent conviction under ORS 163.413 (3)(b)(B);

      (w) Any attempt to commit any of the crimes listed in paragraphs (a) to (s), (u) or (v) of this subsection;

      (x) Burglary, when committed with intent to commit any of the offenses listed in paragraphs (a) to (v) of this subsection; or

      (y) Criminal conspiracy if the offender agrees with one or more persons to engage in or cause the performance of an offense listed in paragraphs (a) to (t) of this subsection.

 

      (6) “Sex offender” means a person who:

      (a) Has been convicted of a sex crime;

      (b) Has been found guilty except for insanity of a sex crime;

      (c) Has been convicted in another United States court of a crime:

      (A) That would constitute a sex crime if committed in this state; or

      (B) For which the person would have to register as a sex offender in that court’s jurisdiction, or as required under federal law, regardless of whether the crime would constitute a sex crime in this state; or

      (d) Is described in ORS 181.809 (1).

 

      181.809 Reporting by sex offenders adjudicated in juvenile court.

(1) Unless the juvenile court enters an order under ORS 181.823 or 181.826 relieving a person of the obligation to report as a sex offender, subsections (2) to (4) of this section apply to a person:

      (a) Who has been found to be within the jurisdiction of the juvenile court under ORS 419C.005, or found by the juvenile court to be responsible except for insanity under ORS 419C.411, for having committed an act that if committed by an adult would constitute a felony sex crime; or

      (b) Who has been found in a juvenile adjudication in another United States court to have committed an act while the person was under 18 years of age that would constitute a felony sex crime if committed in this state by an adult.

 

OFFENSES AGAINST PERSONS

 

KIDNAPPING AND RELATED OFFENSES

 

163.215     Definitions for ORS 163.215 to 163.257

 

163.225     Kidnapping in the second degree

 

163.235     Kidnapping in the first degree

 

163.245     Custodial interference in the second degree

 

163.257     Custodial interference in the first degree

 

163.261     Definitions for ORS 163.263 and 163.264

 

163.263     Subjecting another person to involuntary servitude in the second degree

 

163.264     Subjecting another person to involuntary servitude in the first degree

 

163.266     Trafficking in persons

 

163.269     Victim assertion of defense of duress

 

COERCION

 

163.275     Coercion

 

163.285     Defense to coercion

 

SEXUAL OFFENSES

 

163.305     Definitions

 

163.315     Incapacity to consent; effect of lack of resistance

 

163.325     Ignorance or mistake as a defense

 

163.345     Age as a defense in certain cases

 

163.355     Rape in the third degree

 

163.365     Rape in the second degree

 

163.375     Rape in the first degree

 

163.385     Sodomy in the third degree

 

163.395     Sodomy in the second degree

 

163.405     Sodomy in the first degree

 

163.408     Unlawful sexual penetration in the second degree

 

163.411     Unlawful sexual penetration in the first degree

 

163.412     Exceptions to unlawful sexual penetration prohibition

 

163.413     Purchasing sex with a minor

 

163.415     Sexual abuse in the third degree

 

163.425     Sexual abuse in the second degree

 

163.426     Crime category classification for sexual abuse in the second degree

 

163.427     Sexual abuse in the first degree

 

163.431     Definitions for ORS 163.431 to 163.434

 

163.432     Online sexual corruption of a child in the second degree

 

163.433     Online sexual corruption of a child in the first degree

 

163.434     Provisions applicable to online sexual corruption of a child

 

163.435     Contributing to the sexual delinquency of a minor

 

163.445     Sexual misconduct

 

163.448     Definitions for ORS 163.452 and 163.454

 

163.452     Custodial sexual misconduct in the first degree

 

163.454     Custodial sexual misconduct in the second degree

 

163.465     Public indecency

 

163.466     Classification of felony public indecency

 

163.467     Private indecency

 

163.476     Unlawfully being in a location where children regularly congregate

 

163.479     Unlawful contact with a child

 

OFFENSES AGAINST FAMILY

 

163.505     Definitions for certain provisions of ORS 163.505 to 163.575

 

163.515     Bigamy

 

163.525     Incest

 

163.535     Abandonment of a child

 

163.537     Buying or selling a person under 18 years of age

 

163.545     Child neglect in the second degree

 

163.547     Child neglect in the first degree

 

163.555     Criminal nonsupport

 

163.565     Evidence of paternity; confidentiality between husband and wife not applicable; spouses competent and compellable witnesses

 

163.575     Endangering the welfare of a minor

 

163.577     Failing to supervise a child

 

163.580     Display of sign concerning sale of smoking devices

 

VISUAL RECORDING OF SEXUAL CONDUCT OF CHILDREN

 

163.665     Definitions

 

163.670     Using child in display of sexually explicit conduct

 

163.676     Exemption from prosecution under ORS 163.684

 

163.682     Exceptions to ORS 163.665 to 163.693

 

163.684     Encouraging child sexual abuse in the first degree

 

163.686     Encouraging child sexual abuse in the second degree

 

163.687     Encouraging child sexual abuse in the third degree

 

163.688     Possession of materials depicting sexually explicit conduct of a child in the first degree

 

163.689     Possession of materials depicting sexually explicit conduct of a child in the second degree

 

163.690     Lack of knowledge of age of child as affirmative defense

 

163.693     Failure to report child pornography

 

 

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;

            (d) To terrorize the victim or another person; or

            (e) To further the commission or attempted commission of any of the following crimes against the victim:

            (A) Rape in the first degree, as defined in ORS 163.375 (1)(b);

            (B) Sodomy in the first degree, as defined in ORS 163.405 (1)(b); or

            (C) Unlawful sexual penetration in the first degree, as defined in ORS 163.411 (1)(b).

            (2) Kidnapping in the first degree is a Class A felony. [1971 c.743 §99; 2005 c.22 §112; 2009 c.660 §43]

 

             163.245 Custodial interference in the second degree. (1) A person commits the crime of custodial interference in the second degree if, knowing or having reason to know that the person has no legal right to do so, the person takes, entices or keeps another person from the other person’s lawful custodian or in violation of a valid joint custody order with intent to hold the other person permanently or for a protracted period.

            (2) Expenses incurred by a lawful custodial parent or a parent enforcing a valid joint custody order in locating and regaining physical custody of the person taken, enticed or kept in violation of this section are “economic damages” for purposes of restitution under ORS 137.103 to 137.109.

            (3) Custodial interference in the second degree is a Class C felony. [1971 c.743 §100; 1981 c.774 §1; 1987 c.795 §7; 2005 c.564 §6]

 

             163.257 Custodial interference in the first degree. (1) A person commits the crime of custodial interference in the first degree if the person violates ORS 163.245 and:

            (a) Causes the person taken, enticed or kept from the lawful custodian or in violation of a valid joint custody order to be removed from the state; or

            (b) Exposes that person to a substantial risk of illness or physical injury.

            (2) Expenses incurred by a lawful custodial parent or a parent enforcing a valid joint custody order in locating and regaining physical custody of the person taken, enticed or kept in violation of this section are “economic damages” for purposes of restitution under ORS 137.103 to 137.109.

            (3) Custodial interference in the first degree is a Class B felony. [1971 c.743 §101; 1981 c.774 §2; 1987 c.795 §8; 2005 c.564 §7]

 

           163.261 Definitions for ORS 163.263 and 163.264. As used in ORS 163.263 and 163.264, “services” means activities performed by one person under the supervision or for the benefit of another person. [2007 c.811 §1]

 

            Note. 163.261 to 163.269 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.

 

            163.263 Subjecting another person to involuntary servitude in the second degree. (1) A person commits the crime of subjecting another person to involuntary servitude in the second degree if the person knowingly and without lawful authority forces or attempts to force the other person to engage in services by:

            (a) Abusing or threatening to abuse the law or legal process;

            (b) Destroying, concealing, removing, confiscating or possessing an actual or purported passport or immigration document or another actual or purported government identification document of a person;

            (c) Threatening to report a person to a government agency for the purpose of arrest or deportation;

            (d) Threatening to collect an unlawful debt; or

            (e) Instilling in the other person a fear that the actor will withhold from the other person the necessities of life, including but not limited to lodging, food and clothing.

            (2) Subjecting another person to involuntary servitude in the second degree is a Class C felony. [2007 c.811 §3]

 

            Note. See note under 163.261.

 

            163.264 Subjecting another person to involuntary servitude in the first degree. (1) A person commits the crime of subjecting another person to involuntary servitude in the first degree if the person knowingly and without lawful authority forces or attempts to force the other person to engage in services by:

            (a) Causing or threatening to cause the death of or serious physical injury to a person; or

            (b) Physically restraining or threatening to physically restrain a person.

            (2) Subjecting another person to involuntary servitude in the first degree is a Class B felony. [2007 c.811 §2]

 

            Note. See note under 163.261.

 

            163.266 Trafficking in persons. (1) A person commits the crime of trafficking in persons if the person knowingly recruits, entices, harbors, transports, provides or obtains by any means, or attempts to recruit, entice, harbor, transport, provide or obtain by any means, another person and:

            (a) The person knows that the other person will be subjected to involuntary servitude as described in ORS 163.263 or 163.264;

            (b) The person knows or recklessly disregards the fact that force, fraud or coercion will be used to cause the other person to engage in a commercial sex act; or

            (c) The person knows or recklessly disregards the fact that the other person is under 15 years of age and will be used in a commercial sex act.

            (2) A person commits the crime of trafficking in persons if the person knowingly benefits financially or receives something of value from participation in a venture that involves an act prohibited by subsection (1) of this section or ORS 163.263 or 163.264.

            (3) As used in this section, “commercial sex act” means sexual conduct or sexual contact, as those terms are defined in ORS 167.002, performed in return for a fee or anything of value.

            (4) Violation of subsection (1)(a) or (2) of this section is a Class B felony.

            (5) Violation of subsection (1)(b) or (c) of this section is a Class A felony. [2007 c.811 §4; 2013 c.720 §1]

 

            Note. See note under 163.261.

 

            163.269 Victim assertion of defense of duress. A person who is the victim of a crime described in ORS 163.263, 163.264 or 163.266 may assert the defense of duress, as described in ORS 161.270, if the person is prosecuted for conduct that constitutes services under ORS 163.261, that the person was caused to provide. [2007 c.811 §10]

 

            Note. See note under 163.261.

 

 COERCION

 

            163.275 Coercion. (1) A person commits the crime of coercion when the person compels or induces another person to engage in conduct from which the other person has a legal right to abstain, or to abstain from engaging in conduct in which the other person has a legal right to engage, by means of instilling in the other person a fear that, if the other person refrains from the conduct compelled or induced or engages in conduct contrary to the compulsion or inducement, the actor or another will:

            (a) Unlawfully cause physical injury to some person;

            (b) Unlawfully cause damage to property;

            (c) Engage in conduct constituting a crime;

            (d) Falsely accuse some person of a crime or cause criminal charges to be instituted against the person;

            (e) Cause or continue a strike, boycott or other collective action injurious to some person’s business, except that such a threat is not deemed coercive when the act or omission compelled is for the benefit of the group in whose interest the actor purports to act;

            (f) Testify falsely or provide false information or withhold testimony or information with respect to another’s legal claim or defense; or

            (g) Unlawfully use or abuse the person’s position as a public servant by performing some act within or related to official duties, or by failing or refusing to perform an official duty, in such manner as to affect some person adversely.

            (2) Coercion is a Class C felony. [1971 c.743 §102; 1983 c.546 §4; 1985 c.338 §1; 2007 c.71 §45]

 

           163.285 Defense to coercion. In any prosecution for coercion committed by instilling in the victim a fear that the victim or another person would be charged with a crime, it is a defense that the defendant reasonably believed the threatened charge to be true and that the sole purpose of the defendant was to compel or induce the victim to take reasonable action to make good the wrong which was the subject of the threatened charge. [1971 c.743 §103]

 

 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.

            (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; 2009 c.770 §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]

 

            163.413 Purchasing sex with a minor. (1) A person commits the crime of purchasing sex with a minor if the person pays, or offers or agrees to pay, a fee to engage in sexual intercourse or sexual contact with a minor.

            (2)(a) If the person does not have a prior conviction under this section at the time of the offense, purchasing sex with a minor is a Class C felony and the person may use a defense described in ORS 163.325 only if the minor was at least 16 years of age.

            (b) If the person has one or more prior convictions under this section at the time of the offense, purchasing sex with a minor is a Class B felony, the state need not prove that the person knew the minor was under 18 years of age and the person may not use a defense described in ORS 163.325.

            (3)(a) When a person is convicted under this section, in addition to any other sentence that may be imposed, the court shall impose and may not suspend the sentence described in paragraph (b) of this subsection.

            (b) The mandatory minimum sentences that apply to paragraph (a) of this subsection are as follows:

            (A) For a person’s first conviction, a fine in the amount of $10,000, a term of incarceration of at least 30 days and completion of a john school program.

            (B) For a person’s second or subsequent conviction, a fine in the amount of $20,000 and the court shall designate the offense as a sex crime under ORS 181.805.

            (c) Notwithstanding paragraphs (a) and (b) of this subsection, if the court determines that the person is unable to pay the full amount of the mandatory minimum fine, the court shall impose and may not suspend a fine in an amount the court determines the person is able to pay.

            (d) For a person’s first conviction under this section, the court may designate the offense as a sex crime under ORS 181.805 if the court finds that the circumstances of the offense and the age of the minor as reported to the defendant require the defendant to register and report as a sex offender for the safety of the community.

            (4) As used in this section:

            (a) “John school” means any course, class or program intended to educate and prevent recidivism of persons who have been arrested for, charged with or convicted of patronizing a prostitute or purchasing sex with a minor or attempting to patronize a prostitute or purchase sex with a minor.

            (b) “Minor” means a person under 18 years of age. [2013 c.720 §4]

 

            163.415 Sexual abuse in the third degree. (1) A person commits the crime of sexual abuse in the third degree if:

            (a) 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; or

            (b) For the purpose of arousing or gratifying the sexual desire of the person or another person, the person intentionally propels any dangerous substance at a victim without the consent of the victim.

            (2) Sexual abuse in the third degree is a Class A misdemeanor.

            (3) As used in this section, “dangerous substance” means blood, urine, semen or feces. [1971 c.743 §115; 1979 c.489 §1; 1991 c.830 §1; 1995 c.657 §11; 1995 c.671 §9; 2009 c.616 §1]

 

            163.425 Sexual abuse in the second degree. (1) A person commits the crime of sexual abuse in the second degree when:

            (a) The 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; or

            (b)(A) The person violates ORS 163.415 (1)(a)(B);

            (B) The person is 21 years of age or older; and

            (C) At any time before the commission of the offense, the person was the victim’s coach as defined in ORS 163.426.

            (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; 2009 c.876 §2]

 

            163.426 Crime category classification for sexual abuse in the second degree. (1) As used in this section, “coach” means a person who instructs or trains an individual or members of a team in a sport.

            (2) The Oregon Criminal Justice Commission shall classify sexual abuse in the second degree as described in ORS 163.425 (1)(a) as a crime category 8 of the sentencing guidelines grid of the commission if:

            (a) The victim is incapable of consent by reason of being under 18 years of age;

            (b) The offender is 21 years of age or older; and

            (c) At any time before the commission of the offense, the offender was the victim’s coach. [2009 c.876 §1]

 

            Note. 163.426 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.

 

            163.427 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 163.431 to 163.434. As used in ORS 163.431 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 telephone text messaging, electronic mail, personal or instant messaging, chat rooms, bulletin boards or any other transmission of information by wire, radio, optical cable, cellular system, electromagnetic system or other similar means.

            (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; 2009 c.517 §1]

 

            Note. 163.431 to 163.434 were added to and made a part of ORS chapter 163 by legislative action but were not added to any smaller series therein. 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]

 

            Note. See note under 163.431.

 

            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]

 

            163.448 Definitions for ORS 163.452 and 163.454. As used in ORS 163.452 and 163.454, “correctional facility” has the meaning given that term in ORS 162.135. [2005 c.488 §2]

 

            163.452 Custodial sexual misconduct in the first degree. (1) A person commits the crime of custodial sexual misconduct in the first degree if the person:

            (a) Engages in sexual intercourse or deviate sexual intercourse with another person or penetrates the vagina, anus or penis of another person with any object other than the penis or mouth of the actor 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 inmate 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 intercourse, deviate sexual intercourse or the sexual penetration 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 first degree is a Class C felony. [2005 c.488 §3]

 

            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 inmate 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. [2005 c.488 §4]

 

            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 Classification of felony public indecency. 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 classified as a level three sex offender under ORS 181.800 (3) or designated a predatory sex offender under ORS 181.838, 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 181.805.

            (3) Unlawfully being in a location where children regularly congregate is a Class A misdemeanor. [2005 c.811 §1; 2013 c.708 §12]

 

            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 classified as a level three sex offender under ORS 181.800 (3);

            (C) Has been designated a predatory sex offender under ORS 181.838;

            (D) Has been sentenced as a dangerous offender under ORS 161.725 upon conviction of a sex crime; or

            (E) 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 181.805.

            (3) Unlawful contact with a child is a Class C felony. [2005 c.811 §2; 2013 c.708 §13]

 

            Note. See note under 163.476.

 

  

OFFENSES AGAINST FAMILY

 

            163.505 Definitions for certain provisions of ORS 163.505 to 163.575. As used in ORS 163.505 to 163.575, unless the context requires otherwise:

            (1) “Controlled substance” has the meaning given that term in ORS 475.005.

            (2) “Descendant” includes persons related by descending lineal consanguinity, stepchildren and lawfully adopted children.

            (3) “Precursor substance” has the meaning given that term in ORS 475.940.

            (4) “Support” includes, but is not limited to, necessary and proper shelter, food, clothing, medical attention and education. [1971 c.743 §170; 2005 c.708 §3]

 

            163.515 Bigamy. (1) A person commits the crime of bigamy if the person knowingly marries or purports to marry another person at a time when either is lawfully married.

            (2) Bigamy is a Class C felony. [1971 c.743 §171]

 

            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]

 

            163.535 Abandonment of a child. (1) A person commits the crime of abandonment of a child if, being a parent, lawful guardian or other person lawfully charged with the care or custody of a child under 15 years of age, the person deserts the child in any place with intent to abandon it.

            (2) Abandonment of a child is a Class C felony.

            (3) It is an affirmative defense to a charge of violating subsection (1) of this section that the child was left in accordance with ORS 418.017. [1971 c.743 §173; 2001 c.597 §2]

 

            163.537 Buying or selling a person under 18 years of age. (1) A person commits the crime of buying or selling a person under 18 years of age if the person buys, sells, barters, trades or offers to buy or sell the legal or physical custody of a person under 18 years of age.

            (2) Subsection (1) of this section does not:

            (a) Prohibit a person in the process of adopting a child from paying the fees, costs and expenses related to the adoption as allowed in ORS 109.311.

            (b) Prohibit a negotiated satisfaction of child support arrearages or other settlement in favor of a parent of a child in exchange for consent of the parent to the adoption of the child by the current spouse of the child’s other parent.

            (c) Apply to fees for services charged by the Department of Human Services or adoption agencies licensed under ORS 412.001 to 412.161 and 412.991 and ORS chapter 418.

            (d) Apply to fees for services in an adoption pursuant to a surrogacy agreement.

            (e) Prohibit discussion or settlement of disputed issues between parties in a domestic relations proceeding.

            (3) Buying or selling a person under 18 years of age is a Class B felony. [1997 c.561 §2]

 

            163.545 Child neglect in the second degree. (1) A person having custody or control of a child under 10 years of age commits the crime of child neglect in the second degree if, with criminal negligence, the person leaves the child unattended in or at any place for such period of time as may be likely to endanger the health or welfare of such child.

            (2) Child neglect in the second degree is a Class A misdemeanor. [1971 c.743 §174; 1991 c.832 §2]

 

            163.547 Child neglect in the first degree. (1)(a) A person having custody or control of a child under 16 years of age commits the crime of child neglect in the first degree if the person knowingly leaves the child, or allows the child to stay:

            (A) In a vehicle where controlled substances are being criminally delivered or manufactured;

            (B) In or upon premises and in the immediate proximity where controlled substances are criminally delivered or manufactured for consideration or profit or where a chemical reaction involving one or more precursor substances:

            (i) Is occurring as part of unlawfully manufacturing a controlled substance or grinding, soaking or otherwise breaking down a precursor substance for the unlawful manufacture of a controlled substance; or

            (ii) Has occurred as part of unlawfully manufacturing a controlled substance or grinding, soaking or otherwise breaking down a precursor substance for the unlawful manufacture of a controlled substance and the premises have not been certified as fit for use under ORS 453.885; or

            (C) In or upon premises that have been determined to be not fit for use under ORS 453.855 to 453.912.

            (b) As used in this subsection, “vehicle” and “premises” do not include public places, as defined in ORS 161.015.

            (2) Child neglect in the first degree is a Class B felony.

            (3) Subsection (1) of this section does not apply if the controlled substance is marijuana and is delivered for no consideration.

            (4) The Oregon Criminal Justice Commission shall classify child neglect in the first degree as crime category 6 of the sentencing guidelines grid of the commission if the controlled substance being delivered or manufactured is methamphetamine. [1991 c.832 §1; 2001 c.387 §1; 2001 c.870 §11; 2005 c.708 §2]

 

            Note. 163.547 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.

 

            163.555 Criminal nonsupport. (1) A person commits the crime of criminal nonsupport if, being the parent, lawful guardian or other person lawfully charged with the support of a child under 18 years of age, born in or out of wedlock, the person knowingly fails to provide support for such child.

            (2) It is no defense to a prosecution under this section that either parent has contracted a subsequent marriage, that issue has been born of a subsequent marriage, that the defendant is the parent of issue born of a prior marriage or that the child is being supported by another person or agency.

            (3) It is an affirmative defense to a prosecution under this section that the defendant has a lawful excuse for failing to provide child support.

            (4) If the defendant intends to rely on the affirmative defense created in subsection (3) of this section, the defendant must give the district attorney written notice of the intent to do so at least 30 days prior to trial. The notice must describe the nature of the lawful excuse upon which the defendant proposes to rely. If the defendant fails to file notice as required by this subsection, the defendant may not introduce evidence of a lawful excuse unless the court finds there was just cause for the defendant’s failure to file the notice within the required time.

            (5) Criminal nonsupport is a Class C felony. [1971 c.743 §175; 1993 c.33 §308; 1999 c.954 §3; 2005 c.502 §1]

 

            163.565 Evidence of paternity; confidentiality between husband and wife not applicable; spouses competent and compellable witnesses. (1) Proof that a child was born to a woman during the time a man lived and cohabited with her, or held her out as his wife, is prima facie evidence that he is the father of the child. This subsection does not exclude any other legal evidence tending to establish the parental relationship.

            (2) No provision of law prohibiting the disclosure of confidential communications between husband and wife apply to prosecutions for criminal nonsupport. A husband or wife is a competent and compellable witness for or against either party. [1971 c.743 §176]

 

            163.575 Endangering the welfare of a minor. (1) A person commits the crime of endangering the welfare of a minor if the person knowingly:

            (a) Induces, causes or permits an unmarried person under 18 years of age to witness an act of sexual conduct or sadomasochistic abuse as defined by ORS 167.060; or

            (b) Permits a person under 18 years of age to enter or remain in a place where unlawful activity involving controlled substances is maintained or conducted; or

            (c) Induces, causes or permits a person under 18 years of age to participate in gambling as defined by ORS 167.117; or

            (d) Distributes, sells, or causes to be sold, tobacco in any form to a person under 18 years of age; or

            (e) Sells to a person under 18 years of age any device in which tobacco, marijuana, cocaine or any controlled substance, as defined in ORS 475.005, is burned and the principal design and use of which is directly or indirectly to deliver tobacco smoke, marijuana smoke, cocaine smoke or smoke from any controlled substance into the human body including but not limited to:

            (A) Pipes, water pipes, hookahs, wooden pipes, carburetor pipes, electric pipes, air driven pipes, corncob pipes, meerschaum pipes and ceramic pipes, with or without screens, permanent screens, hashish heads or punctured metal bowls;

            (B) Carburetion tubes and devices, including carburetion masks;

            (C) Bongs;

            (D) Chillums;

            (E) Ice pipes or chillers;

            (F) Cigarette rolling papers and rolling machines; and

            (G) Cocaine free basing kits.

            (2) Endangering the welfare of a minor by violation of subsection (1)(a), (b), (c) or (e) of this section, involving other than a device for smoking tobacco, is a Class A misdemeanor.

            (3) Endangering the welfare of a minor by violation of subsection (1)(d) of this section or by violation of subsection (1)(e) of this section, involving a device for smoking tobacco, is a Class A violation. [1971 c.743 §177; 1973 c.827 §20; 1979 c.744 §8; 1981 c.838 §1; 1983 c.740 §31; 1991 c.970 §5; 1995 c.79 §52; 1999 c.1051 §153; 2011 c.597 §79]

 

            163.577 Failing to supervise a child. (1) A person commits the offense of failing to supervise a child if the person is the parent, lawful guardian or other person lawfully charged with the care or custody of a child under 15 years of age and the child:

            (a) Commits an act that brings the child within the jurisdiction of the juvenile court under ORS 419C.005;

            (b) Violates a curfew law of a county or any other political subdivision; or

            (c) Fails to attend school as required under ORS 339.010.

            (2) Nothing in this section applies to a child-caring agency as defined in ORS 418.205 or to foster parents.

            (3) In a prosecution of a person for failing to supervise a child under subsection (1)(a) of this section, it is an affirmative defense that the person:

            (a) Is the victim of the act that brings the child within the jurisdiction of the juvenile court; or

            (b) Reported the act to the appropriate authorities.

            (4) In a prosecution of a person for failing to supervise a child under subsection (1) of this section, it is an affirmative defense that the person took reasonable steps to control the conduct of the child at the time the person is alleged to have failed to supervise the child.

            (5)(a) Except as provided in subsection (6) or (7) of this section, in a prosecution of a person for failing to supervise a child under subsection (1)(a) of this section, the court shall order the person to pay restitution under ORS 137.103 to 137.109 to a victim for economic damages arising from the act of the child that brings the child within the jurisdiction of the juvenile court.

            (b) The amount of restitution ordered under this subsection may not exceed $2,500.

            (6) If a person pleads guilty or is found guilty of failing to supervise a child under this section and if the person has not previously been convicted of failing to supervise a child, the court:

            (a) Shall warn the person of the penalty for future convictions of failing to supervise a child and shall suspend imposition of sentence.

            (b) May not order the person to pay restitution under this section.

            (7)(a) If a person pleads guilty or is found guilty of failing to supervise a child under this section and if the person has only one prior conviction for failing to supervise a child, the court, with the consent of the person, may suspend imposition of sentence and order the person to complete a parent effectiveness program approved by the court. Upon the person’s completion of the parent effectiveness program to the satisfaction of the court, the court may discharge the person. If the person fails to complete the parent effectiveness program to the satisfaction of the court, the court may impose a sentence authorized by this section.

            (b) There may be only one suspension of sentence under this subsection with respect to a person.

            (8) The juvenile court has jurisdiction over a first offense of failing to supervise a child under this section.

            (9) Failing to supervise a child is a Class A violation. [1995 c.593 §1; 1999 c.1051 §154; 2003 c.670 §5; 2005 c.564 §8]

 

            Note. 163.577 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.

 

            163.580 Display of sign concerning sale of smoking devices. (1) Any person who sells any of the smoking devices listed in ORS 163.575 (1)(e) shall display a sign clearly stating that the sale of such devices to persons under 18 years of age is prohibited by law.

            (2) Any person who violates this section commits a Class B violation. [1981 c.838 §2; 1999 c.1051 §155]

 

            Note. 163.580 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.

 

  

VISUAL RECORDING OF SEXUAL CONDUCT OF CHILDREN

 

            163.665 Definitions. As used in ORS 163.665 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 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 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, visual recordings, pictures and computer-generated images and pictures, whether made or produced by electronic, mechanical or other means.

            (5) “Visual recording” includes, but is not limited to, photographs, films, videotapes and computer and other digital pictures, regardless of the manner in which the recording is stored. [1985 c.557 §2; 1987 c.864 §1; 1991 c.664 §4; 1995 c.768 §4; 1997 c.719 §5; 2011 c.515 §1]

 

            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 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; 2011 c.515 §2]

 

  

            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 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; 2011 c.515 §9]

 

  

            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 a visual recording of sexually explicit conduct involving a child or knowingly possesses, accesses or views such a visual recording 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, a 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; 2011 c.515 §3]

 

            163.685 [1985 c.557 §6; 1987 c.864 §12; repealed by 1991 c.664 §12]

 

            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, or knowingly accesses with the intent to view, a 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 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; 2011 c.515 §4]

 

            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, or knowingly accesses with the intent to view, a 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 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; 2011 c.515 §5]

 

            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, accesses or views a visual depiction of sexually explicit conduct involving a child or a 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; 2011 c.515 §6]

 

            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, accesses or views a visual depiction of sexually explicit conduct involving a child or a 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; 2011 c.515 §7]

 

            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 §7]

 

            163.693 Failure to report child pornography. (1) As used in this section:

            (a) “Computer technician” means a person who repairs, installs or otherwise services a computer, computer network or computer system for compensation.

            (b) “Processor of photographic images” means a person who develops, processes, reproduces, transfers, edits or enhances photographic film into negatives, slides, prints, movies, digital images or video.

            (2) A processor of photographic images or a computer technician who reasonably believes the processor or technician has observed a visual recording of a child involved in sexually explicit conduct shall report the name and address, if known, of the person requesting the processing or of the owner or person in possession of the computer, computer network or computer system to:

            (a) The CyberTipline at the National Center for Missing and Exploited Children;

            (b) The local office of the Department of Human Services; or

            (c) A law enforcement agency within the county where the processor or technician making the report is located at the time the visual recording is observed.

            (3) Nothing in this section requires a processor of photographic images or a computer technician to monitor any user, subscriber or customer or to search for prohibited materials or media.

            (4) Any person, their employer or a third party complying with this section in good faith shall be immune from civil or criminal liability in connection with making the report, except for willful or wanton misconduct.

            (5) A person commits the crime of failure to report child pornography if the person violates the provisions of this section.

            (6) Failure to report child pornography is a Class A misdemeanor. [1987 c.864 §7; 1991 c.664 §10; 2011 c.515 §§8,11a]