Bill Text: OR SB816 | 2011 | Regular Session | Introduced
Bill Title: Relating to crime; declaring an emergency.
Spectrum: Committee Bill
Status: (Failed) 2011-06-30 - In committee upon adjournment. [SB816 Detail]
Download: Oregon-2011-SB816-Introduced.html
76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 3310
Senate Bill 816
Sponsored by COMMITTEE ON JUDICIARY
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Modifies crimes relating to child pornography.
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to crime; creating new provisions; amending ORS 163.665,
163.670, 163.682, 163.684, 163.686, 163.687, 163.688, 163.689
and 163.693; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 163.665 is amended to read:
163.665. 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 - }
{ + visual recordings, pictures and + } computer-generated
images { - or - } { + 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. + }
SECTION 2. ORS 163.670 is amended to read:
163.670. (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.
SECTION 3. ORS 163.684 is amended to read:
163.684. (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 - } { + a + } visual recording of sexually explicit
conduct involving a child or { + knowingly + } possesses
{ + or views + } such { - matter - } { + 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, { - any
photograph, motion picture, videotape or other - } { + 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.
SECTION 4. ORS 163.686 is amended to read:
163.686. (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 - } { + , or intentionally
views, 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 { - 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.
SECTION 5. ORS 163.687 is amended to read:
163.687. (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 - } { + , or intentionally
views, 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 { - 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.
SECTION 6. ORS 163.688 is amended to read:
163.688. (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 - } { + or views a + }
visual depiction of sexually explicit conduct involving a child
or { - any - } { + 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.
SECTION 7. ORS 163.689 is amended to read:
163.689. (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 - } { + or views a + }
visual depiction of sexually explicit conduct involving a child
or { - any - } { + 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.
SECTION 8. ORS 163.693 is amended to read:
163.693. (1) A person commits the crime of failure to report
child pornography if the person, in the course of processing or
producing a { - photograph, motion picture, videotape or
other - } visual recording, either commercially or privately, has
reasonable cause to believe that the visual recording being
processed or produced, or submitted for processing or production,
depicts sexually explicit conduct involving a child and fails to
report that fact to the appropriate law enforcement agency.
(2) Failure to report child pornography is a Class A
misdemeanor.
SECTION 9. ORS 163.682 is amended to read:
163.682. 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.
SECTION 10. { + ORS 163.665 is added to and made a part of ORS
163.670 to 163.693. + }
SECTION 11. { + The amendments to ORS 163.665, 163.670,
163.682, 163.684, 163.686, 163.687, 163.688, 163.689 and 163.693
by sections 1 to 9 of this 2011 Act apply to conduct occurring on
or after the effective date of this 2011 Act. + }
SECTION 12. { + This 2011 Act being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this 2011 Act takes effect on
its passage. + }
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