OREGON SEX CRIMES GUIDE   |   OREGON BALLOT MEASURE 11 GUIDE

OREGON ONLINE SEXUAL CORRUPTION AND LURING LAWS



David N Lesh
Oregon Criminal Defense Attorney
Oregon Super Lawyer 2018, 2019, 2020

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WHAT IS ONLINE SEXUAL CORRUPTION OF A CHILD IN THE SECOND DEGREE IN OREGON? 

   ORS 163.432 Online sexual corruption of a child in the second degree.

  (1) A person commits the crime of online sexual corruption of a child in the second degree if the person is 18 years of age or older and:

   (a) For the purpose of arousing or gratifying the sexual desire of the person or another person, knowingly uses an online communication to solicit a child to engage in sexual contact or sexually explicit conduct; and

   (b) Offers or agrees to physically meet with the child.

   (2) Online sexual corruption of a child in the second degree is a Class C felony. [2007 c.876 §2]

WHAT IS ONLINE SEXUAL CORRUPTION OF A CHILD IN THE FIRST DEGREE IN OREGON? 

   ORS 163.433 Online sexual corruption of a child in the first degree.

  (1) A person commits the crime of online sexual corruption of a child in the first degree if the person violates ORS 163.432 and intentionally takes a substantial step toward physically meeting with or encountering the child.

   (2) Online sexual corruption of a child in the first degree is a Class B felony. [2007 c.876 §3]

   ORS 163.434 Provisions applicable to online sexual corruption of a child.

  (1) It is an affirmative defense to a prosecution for online sexual corruption of a child in the first or second degree that the person was not more than three years older than the person reasonably believed the child to be.

   (2) It is not a defense to a prosecution for online sexual corruption of a child in the first or second degree that the person was in fact communicating with a law enforcement officer, as defined in ORS 163.730, or a person working under the direction of a law enforcement officer, who is 16 years of age or older.

   (3) Online sexual corruption of a child in the first or second degree is committed in either the county in which the communication originated or the county in which the communication was received. [2007 c.876 §4]

WHAT IS LURING A MINOR IN OREGON?

      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 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. [2007 c.869 §3; 2011 c.681 §2; 2013 c.293 §1; 2015 c.101 §1]




About the Author: 

David Lesh is a Portland attorney emphasizing the defense of serious criminal charges.  He has been a member of the Oregon State Bar since 1990.  Mr. Lesh is a former Multnomah County prosecutor (5 years) and lawyer to the Portland Police Bureau (3 years).  He was named an Oregon Super Lawyer in 2018, 2019, and 2020.  His law practice has an A+ BBB rating.
Office Location:  434 NW 19th Avenue; Portland, OR  97209
Phone:  503.546.2928   |   Fax:  503.296.2935
Email: info @ davidlesh.net (no spaces)

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