Offenses Against Persons

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 (Encouraging child sexual abuse in the first degree), 163.686 (Encouraging child sexual abuse in the second degree), 163.687 (Encouraging child sexual abuse in the third degree) or 163.693 (Failure to report child pornography) 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]

Notes of Decisions

Where district court's order in child pornography prosecution allowed admission of evidence as to defendants' mistake of fact concerning age of actress who appeared in film and alleged error not correctable by any other means and also raised issue of first impression whether First Amendment required mistake of age defense be available in prosecution under child pornography statute, writ of mandamus appropriate. U.S. v. U.S. Dist. Court for Cent. Dist. of Cal., 858 F 2d 534 (9th Cir. 1988)

Chapter 163

Law Review Citations

51 OLR 427-637 (1972)


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Jun. 26, 2021