Encouraging child sexual abuse in the second degree
Source:
Section 163.686 — Encouraging child sexual abuse in the second degree, https://www.oregonlegislature.gov/bills_laws/ors/ors163.html
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Notes of Decisions
Under former similar statute (ORS 163.680)
Because production of communicative material is incentive for child sexual abuse, prohibiting material depicting actual abuse is reasonable regulation of by-product of crime, not unconstitutional restriction on communicative substance of material. State v. Stoneman, 323 Or 536, 920 P2d 535 (1996)
In general
Person who uses computer to access Internet web page and intentionally call up image of sexually explicit conduct involving child does not possess or control that image. State v. Barger, 349 Or 553, 247 P3d 309 (2011)