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CHILD PORNOGRAPHY, POSSESSION
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.
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.
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.