OREGON USING A CHILD IN A DISPLAY OF SEXUALLY EXPLICIT CONDUCT LAWS

WHAT IS USING A CHILD IN A DISPLAY OF SEXUALLY EXPLICIT CONDUCT IN OREGON? 

   ORS 163.670 Using child in display of sexually explicit conduct.

      (1) A person commits the crime of using a child in a display of sexually explicit conduct if the person:

      (a) Employs, authorizes, permits, compels or induces a child to participate or engage in sexually explicit conduct for any person to observe or to record in a visual recording; or

      (b) Knowingly records in a visual recording a child participating or engaging in sexually explicit conduct.

      (2) Using a child in a display of sexually explicit conduct is a Class A felony. [1985 c.557 §3; 1987 c.864 §3; 1991 c.664 §5; 2011 c.515 §2; 2023 c.407 §2]

   ORS 163.676 Exemption from prosecution under ORS 163.684.

  (1) No employee is liable to prosecution under ORS 163.684 or under any city or home rule county ordinance for exhibiting or possessing with intent to exhibit any obscene matter or performance provided the employee is acting within the scope of regular employment at a showing open to the public.

   (2) As used in this section, “employee” means any person regularly employed by the owner or operator of a motion picture theater if the person has no financial interest other than salary or wages in the ownership or operation of the motion picture theater, no financial interest in or control over the selection of the motion pictures shown in the theater, and is working within the motion picture theater where the person is regularly employed, but does not include a manager of the motion picture theater. [Formerly 163.495; 1995 c.768 §5] 

   ORS 163.682 Exceptions to ORS 163.665 to 163.693.

The provisions of ORS 163.665 to 163.693 do not apply to:

   (1) Any legitimate medical procedure performed by or under the direction of a person licensed to provide medical services for the purpose of medical diagnosis or treatment, including the recording of medical procedures;

   (2) Any activity undertaken in the course of bona fide law enforcement activity or necessary to the proper functioning of the criminal justice system, except that this exception shall not apply to any activity prohibited by ORS 163.670;

   (3) Any bona fide educational activity, including studies and lectures, in the fields of medicine, psychotherapy, sociology or criminology, except that this exception shall not apply to any activity prohibited by ORS 163.670;

   (4) Obtaining, viewing or possessing a visual recording as part of a bona fide treatment program for sexual offenders; or

   (5) A public library, as defined in ORS 357.400, or a library exempt from taxation under ORS 307.090 or 307.130, except that these exceptions do not apply to any activity prohibited by ORS 163.670. [1991 c.664 §3; 2011 c.515 §9]