Chapter 869 Oregon Laws 1999

Session Law

AN ACT

HB 2612

Relating to sex offenses; creating new provisions; and amending ORS 181.594.

Be It Enacted by the People of the State of Oregon:

SECTION 1. Section 2 of this 1999 Act is added to and made a part of ORS 163.305 to 163.465.

SECTION 2. (1) A person commits the crime of private indecency if the person exposes the genitals of the person with the intent of arousing the sexual desire of the person or another person and:

(a) The person is in a place where another person has a reasonable expectation of privacy;

(b) The person is in view of the other person;

(c) The exposure reasonably would be expected to alarm or annoy the other person; and

(d) The person knows that the other person did not consent to the exposure.

(2) Private indecency is a Class A misdemeanor.

(3) Subsection (1) of this section does not apply to a person who commits the act described in subsection (1) of this section if the person cohabits with and is involved in a sexually intimate relationship with the other person.

(4) For purposes of this section, "place where another person has a reasonable expectation of privacy" includes, but is not limited to, residences, yards of residences, working areas and offices.

SECTION 3. ORS 181.594 is amended to read:

181.594. As used in ORS 181.595, 181.596, 181.597 and 181.603:

(1)(a) "Correctional facility" means any place used for the confinement of persons:

(A) Charged with or convicted of a crime or otherwise confined under a court order.

(B) Found to be within the jurisdiction of the juvenile court for having committed an act that if committed by an adult would constitute a crime.

(b) "Correctional facility" applies to a state hospital only as to persons detained therein charged with or convicted of a crime, or detained therein after being found guilty except for insanity under ORS 161.290 to 161.370.

(2) "Sex crime" means:

(a) Rape in any degree;

(b) Sodomy in any degree;

(d) Sexual abuse in any degree;

(e) Incest with a child victim;

(f) Using a child in a display of sexually explicit conduct;

(g) Encouraging child sexual abuse in any degree;

(h) Transporting child pornography into the state;

(i) Paying for viewing a child's sexually explicit conduct;

(j) Compelling prostitution;

(k) Promoting prostitution;

(L) Any attempt to commit any of the crimes set forth in paragraphs (a) to (k) of this subsection; [or]

(m) Burglary, when committed with intent to commit any of the offenses listed in paragraphs (a) to (k) or (n) of this subsection; or

(n) Public indecency or private indecency, if the person has a prior conviction for a crime listed in paragraphs (a) to (m) of this subsection.

(3) "Sex offender" means a person who:

(a) Has been convicted of a sex crime;

(b) Has been found guilty except for insanity of a sex crime;

(c) Has been found to be within the jurisdiction of the juvenile court for having committed a crime that if committed by an adult would constitute a sex crime; or

(d) Is paroled to this state under ORS 144.610 after being convicted in another jurisdiction of a crime that would constitute a sex crime if committed in this state.

SECTION 4. The amendments to ORS 181.594 by section 3 of this 1999 Act apply to persons who, on or after the effective date of this 1999 Act, are:

(1) Convicted of a crime listed in ORS 181.594 (2)(n) or burglary if committed with the intent to commit a crime listed in ORS 181.594 (2)(n) or convicted of an equivalent crime in another jurisdiction;

(2) Found to be within the jurisdiction of the juvenile court for having committed an act that if committed by an adult would constitute a crime listed in ORS 181.594 (2)(n) or burglary if committed with the intent to commit a crime listed in ORS 181.594 (2)(n); or

(3) Found by a court in another jurisdiction to have committed an act while the person was under 18 years of age that if committed by an adult would constitute the equivalent of a crime listed in ORS 181.594 (2)(n) or burglary if committed with the intent to commit a crime listed in ORS 181.594 (2)(n).

Approved by the Governor July 26, 1999

Filed in the office of Secretary of State July 26, 1999

Effective date October 23, 1999

__________