Chapter 876
AN ACT
HB 3515
Relating to crime; creating new provisions;
and amending ORS 131.602, 161.005, 181.594 and 342.143.
Be It Enacted by the People of
the State of
SECTION 1. As used in sections 2 to 4 of this 2007 Act:
(1) “Child” means a
person who the defendant reasonably believes to be under
16 years of age.
(2) “Online
communication” means communication that occurs via electronic mail, personal or
instant messaging, chat rooms, bulletin boards or any other method of
communicating over the Internet.
(3) “Sexual contact” has
the meaning given that term in ORS 163.305.
(4) “Sexually explicit
conduct” has the meaning given that term in ORS 163.665.
(5) “Solicit” means to
invite, request, seduce, lure, entice, persuade, prevail upon, coax, coerce or
attempt to do so.
SECTION 2. (1) A person commits the crime of online
sexual corruption of a child in the second degree if the person is 18 years of
age or older and:
(a) For the purpose of
arousing or gratifying the sexual desire of the person or another person,
knowingly uses an online communication to solicit a child to engage in sexual contact or sexually explicit conduct; and
(b) Offers or agrees to
physically meet with the child.
(2) Online sexual
corruption of a child in the second degree is a Class C felony.
SECTION 3. (1) A person commits the crime of online
sexual corruption of a child in the first degree if the person violates section
2 of this 2007 Act and intentionally takes a substantial step toward physically
meeting with or encountering the child.
(2) Online sexual
corruption of a child in the first degree is a Class B felony.
SECTION 4. (1) It is an affirmative defense to a
prosecution for online sexual corruption of a child in the first or second degree
that the person was not more than three years older than the person reasonably
believed the child to be.
(2) It is not a defense
to a prosecution for online sexual corruption of a child in the first or second
degree that the person was in fact communicating with a law enforcement
officer, as defined in ORS 163.730, or a person working under the direction of
a law enforcement officer, who is 16 years of age or older.
(3) Online sexual
corruption of a child in the first or second degree is committed in either the
county in which the communication originated or the county in which the
communication
was received.
SECTION 5. ORS 161.005 is amended to read:
161.005. ORS 161.005 to
161.055, 161.085 to 161.125, 161.150 to 161.175, 161.190 to 161.275, 161.290 to
161.370, 161.405 to 161.485, 161.505 to 161.585, 161.605, 161.615 to 161.685,
161.705 to 161.737, 162.005, 162.015 to 162.035, 162.055 to 162.115, 162.135 to
162.205, 162.225 to 162.375, 162.405 to 162.425, 162.465, 163.005, 163.115,
163.125 to 163.145, 163.160 to 163.208, 163.215 to 163.257, 163.275, 163.285,
163.305 to 163.467, 163.505 to 163.575, 163.665 to 163.693, 164.005, 164.015 to
164.135, 164.140, 164.205 to 164.270, 164.305 to 164.377, 164.395 to 164.415,
164.805, 164.877, 165.002 to 165.109, 165.805, 166.005 to 166.095, 166.350,
166.382, 166.384, 166.660, 167.002 to 167.027, 167.060 to 167.100, 167.117,
167.122 to 167.162, 167.203 to 167.252, 167.310 to 167.340 and 167.350, 167.810
and 167.820[,] and sections 2 and
3 of this 2007 Act shall be known and may be cited as Oregon Criminal Code
of 1971.
SECTION 6. ORS 181.594 is amended to read:
181.594. As used in ORS
181.595, 181.596, 181.597 and 181.603:
(1) “Attends” means is
enrolled on a full-time or part-time basis.
(2)(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 or a secure intensive community inpatient
facility 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.
(3) “Institution of
higher education” means a public or private educational institution that
provides a program of post-secondary education.
(4) “Sex crime” means:
(a) Rape in any degree;
(b) Sodomy in any
degree;
(c) Unlawful sexual
penetration 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) Kidnapping in the
first degree if the victim was under 18 years of age;
(m) Contributing to the
sexual delinquency of a minor;
(n) Sexual misconduct if
the offender is at least 18 years of age;
(o) Possession of
materials depicting sexually explicit conduct of a child in the first degree;
(p) Kidnapping in the
second degree if the victim was under 18 years of age, except by a parent or by
a person found to be within the jurisdiction of the juvenile court;
(q) Online sexual
corruption of a child in any degree if the offender reasonably believed the
child to be more than five years younger than the offender;
[(q)] (r) Any attempt to commit any
of the crimes set forth in paragraphs (a) to [(p)] (q) of this subsection;
[(r)] (s) Burglary, when committed
with intent to commit any of the offenses listed in paragraphs (a) to [(p)] (q) or [(s)] (t) of this subsection; or
[(s)] (t) Public indecency or
private indecency, if the person has a prior conviction for a crime listed in
this subsection.
(5) “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 an act 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.
(6) “Works” or “carries
on a vocation” means full-time or part-time employment for more than 14 days
within one calendar year whether financially compensated, volunteered or for
the purpose of governmental or educational benefit.
SECTION 7. ORS 131.602 is amended to read:
131.602. The crimes to
which ORS 131.550 (11)(b) applies are:
(1) Bribe giving, as
defined in ORS 162.015.
(2) Bribe receiving, as
defined in ORS 162.025.
(3) Public investment
fraud, as defined in ORS 162.117.
(4) Bribing a witness,
as defined in ORS 162.265.
(5) Bribe receiving by a
witness, as defined in ORS 162.275.
(6) Simulating legal
process, as defined in ORS 162.355.
(7) Official misconduct
in the first degree, as defined in ORS 162.415.
(8) Custodial
interference in the second degree, as defined in ORS 163.245.
(9) Custodial
interference in the first degree, as defined in ORS 163.257.
(10) Buying or selling a
person under 18 years of age, as defined in ORS
163.537.
(11) Using a child in a
display of sexually explicit conduct, as defined in ORS 163.670.
(12) Encouraging child
sexual abuse in the first degree, as defined in ORS 163.684.
(13) Encouraging child
sexual abuse in the second degree, as defined in ORS 163.686.
(14) Encouraging child
sexual abuse in the third degree, as defined in ORS 163.687.
(15) Possession of
materials depicting sexually explicit conduct of a child in the first degree,
as defined in ORS 163.688.
(16) Possession of
materials depicting sexually explicit conduct of a child in the second degree,
as defined in ORS 163.689.
(17) Theft in the second
degree, as defined in ORS 164.045.
(18) Theft in the first
degree, as defined in ORS 164.055.
(19) Aggravated theft in
the first degree, as defined in ORS 164.057.
(20) Theft by extortion,
as defined in ORS 164.075.
(21) Theft by deception,
as defined in ORS 164.085, if it is a felony or a Class A
misdemeanor.
(22) Theft by receiving,
as defined in ORS 164.095, if it is a felony or a Class A
misdemeanor.
(23) Theft of services,
as defined in ORS 164.125, if it is a felony or a Class A
misdemeanor.
(24) Unauthorized use of
a vehicle, as defined in ORS 164.135.
(25) Mail theft or
receipt of stolen mail, as defined in ORS 164.162.
(26) Laundering a
monetary instrument, as defined in ORS 164.170.
(27) Engaging in a
financial transaction in property derived from unlawful activity, as defined in
ORS 164.172.
(28) Burglary in the second
degree, as defined in ORS 164.215.
(29) Burglary in the
first degree, as defined in ORS 164.225.
(30) Possession of a
burglary tool or theft device, as defined in ORS 164.235.
(31) Unlawful entry into
a motor vehicle, as defined in ORS 164.272.
(32) Arson in the second
degree, as defined in ORS 164.315.
(33) Arson in the first
degree, as defined in ORS 164.325.
(34) Computer crime, as
defined in ORS 164.377.
(35) Robbery in the
third degree, as defined in ORS 164.395.
(36) Robbery in the
second degree, as defined in ORS 164.405.
(37) Robbery in the
first degree, as defined in ORS 164.415.
(38) Unlawful labeling
of a sound recording, as defined in ORS 164.868.
(39) Unlawful recording
of a live performance, as defined in ORS 164.869.
(40) Unlawful labeling
of a videotape recording, as defined in ORS 164.872.
(41) A violation of ORS
164.877.
(42) Endangering
aircraft, as defined in ORS 164.885.
(43) Interference with
agricultural operations, as defined in ORS 164.887.
(44) Forgery in the second
degree, as defined in ORS 165.007.
(45) Forgery in the
first degree, as defined in ORS 165.013.
(46) Criminal possession
of a forged instrument in the second degree, as defined in ORS 165.017.
(47) Criminal possession
of a forged instrument in the first degree, as defined in ORS 165.022.
(48) Criminal possession
of a forgery device, as defined in ORS 165.032.
(49) Criminal
simulation, as defined in ORS 165.037.
(50) Fraudulently
obtaining a signature, as defined in ORS 165.042.
(51) Fraudulent use of a
credit card, as defined in ORS 165.055.
(52) Negotiating a bad
check, as defined in ORS 165.065.
(53) Possessing a
fraudulent communications device, as defined in ORS 165.070.
(54) Unlawful factoring
of a payment card transaction, as defined in ORS 165.074.
(55) Falsifying business
records, as defined in ORS 165.080.
(56) Sports bribery, as
defined in ORS 165.085.
(57) Sports bribe
receiving, as defined in ORS 165.090.
(58) Misapplication of
entrusted property, as defined in ORS 165.095.
(59) Issuing a false
financial statement, as defined in ORS 165.100.
(60) Obtaining execution
of documents by deception, as defined in ORS 165.102.
(61) A violation of ORS
165.543.
(62) Cellular
counterfeiting in the third degree, as defined in ORS 165.577.
(63) Cellular
counterfeiting in the second degree, as defined in ORS 165.579.
(64) Cellular
counterfeiting in the first degree, as defined in ORS 165.581.
(65) Identity theft, as
defined in ORS 165.800.
(66) A violation of ORS
166.190.
(67) Unlawful use of a
weapon, as defined in ORS 166.220.
(68) A violation of ORS
166.240.
(69) Unlawful possession
of a firearm, as defined in ORS 166.250.
(70) A violation of ORS
166.270.
(71) Unlawful possession
of a machine gun, short-barreled rifle, short-barreled shotgun or firearms
silencer, as defined in ORS 166.272.
(72) A violation of ORS
166.275.
(73) Unlawful possession
of armor piercing ammunition, as defined in ORS 166.350.
(74) A violation of ORS
166.370.
(75) Unlawful possession
of a destructive device, as defined in ORS 166.382.
(76) Unlawful
manufacture of a destructive device, as defined in ORS 166.384.
(77) Possession of a
hoax destructive device, as defined in ORS 166.385.
(78) A violation of ORS
166.410.
(79) Providing false
information in connection with a transfer of a firearm, as defined in ORS
166.416.
(80) Improperly
transferring a firearm, as defined in ORS 166.418.
(81) Unlawfully
purchasing a firearm, as defined in ORS 166.425.
(82) A violation of ORS
166.429.
(83) A violation of ORS
166.470.
(84) A violation of ORS
166.480.
(85) A violation of ORS
166.635.
(86) A violation of ORS
166.638.
(87) Unlawful
paramilitary activity, as defined in ORS 166.660.
(88) A violation of ORS
166.720.
(89) Prostitution, as
defined in ORS 167.007.
(90) Promoting
prostitution, as defined in ORS 167.012.
(91) Compelling
prostitution, as defined in ORS 167.017.
(92) Exhibiting an
obscene performance to a minor, as defined in ORS 167.075.
(93) Unlawful gambling
in the second degree, as defined in ORS 167.122.
(94) Unlawful gambling
in the first degree, as defined in ORS 167.127.
(95) Possession of
gambling records in the second degree, as defined in ORS 167.132.
(96) Possession of
gambling records in the first degree, as defined in ORS 167.137.
(97) Possession of a
gambling device, as defined in ORS 167.147.
(98) Possession of a
gray machine, as defined in ORS 167.164.
(99) Cheating, as
defined in ORS 167.167.
(100) Tampering with
drug records, as defined in ORS 167.212.
(101)
A violation of ORS 167.262.
(102)
Research and animal interference, as defined in ORS 167.312.
(103)
Animal abuse in the first degree, as defined in ORS 167.320.
(104) Aggravated animal
abuse in the first degree, as defined in ORS 167.322.
(105)
Animal neglect in the first degree, as defined in ORS 167.330.
(106) Interfering with
an assistance, a search and rescue or a therapy animal, as defined in ORS
167.352.
(107)
Involvement in animal fighting, as defined in ORS 167.355.
(108) Dogfighting, as
defined in ORS 167.365.
(109)
Participation in dogfighting, as defined in ORS 167.370.
(110)
Unauthorized use of a livestock animal, as defined in ORS 167.385.
(111)
Interference with livestock production, as defined in ORS 167.388.
(112)
A violation of ORS 167.390.
(113)
A violation of ORS 471.410.
(114) Failure to report
missing precursor substances, as defined in ORS 475.955.
(115) Illegally
selling drug equipment, as defined in ORS 475.960.
(116) Providing
false information on a precursor substances report, as defined in ORS 475.965.
(117)
Unlawful delivery of an imitation controlled substance, as defined in ORS
475.912.
(118)
A violation of ORS 475.840, if it is a felony or a Class A misdemeanor.
(119)
A violation of ORS 475.914, if it is a felony or a Class A misdemeanor.
(120)
A violation of ORS 475.916.
(121)
A violation of ORS 475.906, if it is a felony or a Class A misdemeanor.
(122)
A violation of ORS 475.904 [(2)].
(123) Misuse of an
identification card, as defined in ORS 807.430.
(124) Unlawful
production of identification cards, licenses, permits, forms or camera cards,
as defined in ORS 807.500.
(125) Transfer of
documents for the purposes of misrepresentation, as defined in ORS 807.510.
(126) Using an invalid
license, as defined in ORS 807.580.
(127) Permitting misuse
of a license, as defined in ORS 807.590.
(128) Using another’s
license, as defined in ORS 807.600.
(129) Criminal driving
while suspended or revoked, as defined in ORS 811.182, when it is a felony.
(130) Driving while under
the influence of intoxicants, as defined in ORS 813.010, when it is a felony.
(131)
Unlawful distribution of cigarettes, as defined in ORS 323.482.
(132)
A violation of ORS 180.440 (2).
(133) A
violation described in ORS 475.846 to 475.894, if it is a felony.
(134)
Online sexual corruption of a child in the second degree, as defined in section
2 of this 2007 Act.
(135)
Online sexual corruption of a child in the first degree, as defined in section
3 of this 2007 Act.
[(134)] (136) An attempt, conspiracy
or solicitation to commit a crime in subsections (1) to [(133)] (135) of this section if the attempt, conspiracy or
solicitation is a felony or a Class A misdemeanor.
SECTION 8. ORS 342.143 is amended to read:
342.143. (1) No
teaching, personnel service or administrative license shall be issued to any
person until the person has attained the age of 18 years and has furnished
satisfactory evidence of proper educational training.
(2) The Teacher
Standards and Practices Commission may also require an applicant for a
teaching, personnel service or administrative license to furnish evidence
satisfactory to the commission of good moral character, mental and physical
health, and such other evidence as it may deem necessary to establish the
applicant’s fitness to serve as a teacher.
(3) Without limiting the
powers of the Teacher Standards and Practices Commission under subsection (2)
of this section and notwithstanding ORS 670.280:
(a) No teaching,
personnel service or administrative license or registration as a public charter
school teacher shall be issued to any person who:
(A) Has been convicted
of a crime listed in ORS 163.095, 163.115, 163.185, 163.235, 163.355, 163.365,
163.375, 163.385, 163.395, 163.405, 163.408, 163.411, 163.415, 163.425, 163.427,
163.435, 163.445, 163.465, 163.515, 163.525, 163.547, 163.575, 163.670, 163.675
(1985 Replacement Part), 163.680 (1993 Edition), 163.684, 163.686, 163.687,
163.688, 163.689, 164.325, 164.415, 166.005, 166.087, 167.007, 167.012,
167.017, 167.062, 167.065, 167.070, 167.075, 167.080, 167.087, 167.090,
475.848, 475.852, 475.858, 475.860, 475.862, 475.864 (4), 475.868, 475.872,
475.878, 475.880, 475.882, 475.888, 475.890, 475.892, 475.904 or 475.906 or
section 2 or 3 of this 2007 Act;
(B) Has been convicted under
ORS 161.405 of an attempt to commit any of the crimes listed in subparagraph
(A) of this paragraph; or
(C)
Has been convicted in another jurisdiction of a crime that is substantially
equivalent, as defined by rule, to any of the crimes listed in subparagraphs
(A) and (B) of this paragraph.
(b) The Teacher
Standards and Practices Commission may refuse to issue a license or
registration to any person who has been convicted of a crime involving the
illegal use, sale or possession of controlled substances.
(4) In denying the
issuance of a license or registration under this section, the commission shall
follow the procedure set forth in ORS 342.176 and 342.177.
(5) The Department of
Education shall provide school districts and public charter schools a copy of
the list contained in subsection (3) of this section.
Approved by the Governor July 31, 2007
Filed in the office of Secretary of State July 31, 2007
Effective date January 1, 2008
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