• ***BACK PAGE***
    CHILD, ENCOURAGING SEXUAL ABUSE IN FIRST DEGREE
         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.


    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.
Natural World RapidWeaver theme by ThemeFlood