Offenses Against Persons

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]

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)

Source

Last accessed
May 30, 2023

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