69th OREGON LEGISLATIVE ASSEMBLY--1997 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 3148

                           A-Engrossed

                         House Bill 2920
                  Ordered by the House June 12
            Including House Amendments dated June 12

Sponsored by Representative MINNIS; Representative COURTNEY


                             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.

  Creates crime of possession of materials depicting sexually
explicit conduct of a child { +  in first and second degrees + }.
Punishes  { +  crime in first degree + } by maximum of
 { - 20 - }   { + 10 + } years' imprisonment,
  { - $300,000 - }   { + $200,000 + } fine, or both. { +
Punishes crime in second degree by maximum five years'
imprisonment, $100,000 fine, or both. + }

                        A BILL FOR AN ACT
Relating to crime; creating new provisions; and amending ORS
  163.665.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + Sections 2 and 3 of this Act are added to and
made a part of ORS 163.670 to 163.695. + }
  SECTION 2.  { + (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 visual depiction of sexually
explicit conduct involving a child or any 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 3.  { + (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 visual depiction of sexually
explicit conduct involving a child or any 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 4. ORS 163.665 is amended to read:
  163.665. As used in ORS 163.670 to 163.695:
  (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
computer-generated images or pictures, whether made or produced
by electronic, mechanical or other means. + }
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