CHILD PORNOGRAPHY AND ENCOURAGING CHILD SEX ABUSE LAWS

   ORS 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. [1995 c.768 §2; 2011 c.515 §3]

   ORS 163.686 Encouraging child sexual abuse in the second degree.

  (1) A person commits the crime of encouraging child sexual abuse in the second degree if the person:

   (a)(A)(i) Knowingly possesses or controls, or knowingly accesses with the intent to view, a visual recording of sexually explicit conduct involving a child for the purpose of arousing or satisfying the sexual desires of the person or another person; or

   (ii) Knowingly pays, exchanges or gives anything of value to obtain or view a visual recording of sexually explicit conduct involving a child for the purpose of arousing or satisfying the sexual desires of the person or another person; 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; or

   (b)(A) Knowingly pays, exchanges or gives anything of value to observe sexually explicit conduct by a child or knowingly observes, for the purpose of arousing or gratifying the sexual desire of the person, sexually explicit conduct by a child; and

   (B) Knows or is aware of and consciously disregards the fact that the conduct constitutes child abuse.

   (2) Encouraging child sexual abuse in the second degree is a Class C felony. [1995 c.768 §3; 2011 c.515 §4]

   ORS 163.687 Encouraging child sexual abuse in the third degree.

  (1) A person commits the crime of encouraging child sexual abuse in the third degree if the person:

   (a)(A)(i) Knowingly possesses or controls, or knowingly accesses with the intent to view, a visual recording of sexually explicit conduct involving a child for the purpose of arousing or satisfying the sexual desires of the person or another person; or

   (ii) Knowingly pays, exchanges or gives anything of value to obtain or view a visual recording of sexually explicit conduct involving a child for the purpose of arousing or satisfying the sexual desires of the person or another person; and

   (B) Knows or fails to be aware of a substantial and unjustifiable risk that the creation of the visual recording of sexually explicit conduct involved child abuse; or

   (b)(A) Knowingly pays, exchanges or gives anything of value to observe sexually explicit conduct by a child or knowingly observes, for the purpose of arousing or gratifying the sexual desire of the person, sexually explicit conduct by a child; and

   (B) Knows or fails to be aware of a substantial and unjustifiable risk that the conduct constitutes child abuse.

   (2) Encouraging child sexual abuse in the third degree is a Class A misdemeanor. [1995 c.768 §3a; 2011 c.515 §5]

   ORS 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. [1997 c.719 §3; 2011 c.515 §6]

   ORS 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. [1997 c.719 §4; 2011 c.515 §7]

   ORS 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. [1985 c.557 §7; 1987 c.864 §13; 1991 c.664 §9; 1995 c.768 §7]

   ORS 163.693 Failure to report child pornography.

  (1) As used in this section:

   (a) “Computer technician” means a person who repairs, installs or otherwise services a computer, computer network or computer system for compensation.

   (b) “Processor of photographic images” means a person who develops, processes, reproduces, transfers, edits or enhances photographic film into negatives, slides, prints, movies, digital images or video.

   (2) A processor of photographic images or a computer technician who reasonably believes the processor or technician has observed a visual recording of a child involved in sexually explicit conduct shall report the name and address, if known, of the person requesting the processing or of the owner or person in possession of the computer, computer network or computer system to:

   (a) The CyberTipline at the National Center for Missing and Exploited children;

   (b) The local office of the Department of Human Services; or

   (c) A law enforcement agency within the county where the processor or technician making the report is located at the time the visual recording is observed.

   (3) Nothing in this section requires a processor of photographic images or a computer technician to monitor any user, subscriber or customer or to search for prohibited materials or media.

   (4) Any person, their employer or a third party complying with this section in good faith shall be immune from civil or criminal liability in connection with making the report, except for willful or wanton misconduct.

   (5) A person commits the crime of failure to report child pornography if the person violates the provisions of this section.

   (6) Failure to report child pornography is a Class A misdemeanor. [1987 c.864 §7; 1991 c.664 §10; 2011 c.515 §§8,11a]