Offenses Against General Welfare and Animals

ORS 167.057
Luring a minor

(1)

A person commits the crime of luring a minor if the person furnishes to, or uses with, a minor, a police officer posing as a minor or an agent of a police officer posing as a minor, a visual representation or explicit verbal description or narrative account of sexual conduct for the purpose of inducing the minor or purported minor to engage in sexual conduct.

(2)

A person is not liable to prosecution for violating subsection (1) of this section if the person furnishes or uses a representation, description or account of sexual conduct that forms merely an incidental part of an otherwise nonoffending whole and serves some purpose other than titillation.

(3)

In a prosecution under subsection (1) of this section, it is an affirmative defense:

(a)

That the representation, description or account was furnished or used for the purpose of psychological or medical treatment and was furnished by a treatment provider or by another person acting on behalf of the treatment provider;

(b)

That the defendant had reasonable cause to believe that the person to whom the representation, description or account was furnished or with whom the representation, description or account was used was not a minor; or

(c)

That the defendant was less than three years older than the minor or, in the case of a police officer or agent of a police officer posing as a minor, the age of the purported minor as reported to the defendant at the time of the alleged offense.

(4)

Luring a minor is a Class C felony.
(5)(a) The court may designate luring a minor as a sex crime under ORS 163A.005 (Definitions for ORS 163A) if the court determines that:

(A)

The offender reasonably believed the minor or, in the case of a police officer or agent of a police officer posing as a minor, the purported minor to be more than five years younger than the offender or under 16 years of age; and

(B)

Given the nature of the offense, the age of the minor or purported minor as reported to the defendant and the person’s criminal history, designation of the offense as a sex crime is necessary for the safety of the community.

(b)

The court shall indicate the designation and the findings supporting the designation in the judgment.

(6)

As used in this section, “police officer” has the meaning given that term in ORS 181A.355 (Definitions for ORS 181A). [2007 c.869 §3; 2011 c.681 §2; 2013 c.293 §1; 2015 c.101 §1]
Note: See note under 167.051 (Definitions for ORS 167).

Notes of Decisions

2010 version of this provision is overbroad and violative of First Amendment. Powell’s Books, Inc. v. Kroger, 622 F3d 1202 (9th Cir. 2010)

Where defendant sent victim text message stating defendant wished to “bang” victim, defendant’s text was explicit verbal description of sexual conduct for purposes of this section because text included explicit identification of sexual conduct that intended to bring graphic sexual image to mind of recipient. State v. King, 278 Or App 65, 373 P3d 1205 (2016)

Source

Last accessed
Mar. 11, 2023

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