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CHILD, ENCOURAGING CHILD SEXUAL ABUSE IN THE THIRD DEGREE
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.
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.
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.