Using child in display of sexually explicit conduct
Source:
Section 163.670 — Using child in display of sexually explicit conduct, https://www.oregonlegislature.gov/bills_laws/ors/ors163.html (accessed May 26, 2025).
Notes of Decisions
“Permits” means to allow or make possible. State v. Porter, 241 Or App 26, 249 P3d 139 (2011), Sup Ct review denied
Person who participates in conduct may be observer of display of sexually explicit conduct between coparticipant and child. State v. Tyson, 243 Or App 94, 259 P3d 64 (2011), Sup Ct review denied
Evidence of text-message conversation between defendant and child, together with evidence that defendant developed romantic relationship with child, and in context of that relationship asked child to take and send to him sexually explicit photograph is sufficient to prove that defendant “permitted” child to participate or engage in sexually explicit conduct. State v. Hunt, 270 Or App 206, 346 P3d 1285 (2015)
Observation of person’s own sexual abuse of child or person’s observation of child’s sexual or intimate parts while person is sexually abusing or preparing to sexually abuse child is incidental to crime of sexual abuse and does not constitute separate crime of using child in display of sexually explicit conduct. State v. Clay, 301 Or App 599, 457 P3d 330 (2019)
Person that visually records child’s sexually explicit conduct does not commit violation if person does not “permit” child’s conduct. State v. Cazee, 308 Or App 748, 482 P3d 140 (2021)
For purposes of proving crime of display under this section, “lewd exhibition” means “the showing of” sexual or other intimate parts that is itself objectively lascivious or salacious; thus, evidence supporting finding that defendant viewed minor child’s body for purpose of defendant’s own sexual gratification was not determinative of whether exhibition of child’s sexual or intimate parts was objectively lewd within meaning of this section. State v. Parra-Sanchez, 324 Or App 712, 527 P3d 1008 (2023), Sup Ct review denied