Chapter 607 Oregon Laws 2001

AN ACT

HB 2413

Relating to obscene materials; amending ORS 167.085.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 167.085 is amended to read:

167.085. In any prosecution under ORS 167.065 to 167.080, it is an affirmative defense for the defendant to prove:

(1) That the defendant was in a parental or guardianship relationship with the minor;

(2) That the defendant was a bona fide school, museum or public library, or was acting in the course of employment as an employee of such organization or of a retail outlet affiliated with and serving the educational purpose of such organization;

(3) That the defendant was charged with [the sale] furnishing, showing, [exhibition or display of] exhibiting or displaying an item, those portions of which might otherwise be contraband forming merely an incidental part of an otherwise nonoffending whole, and serving some [legitimate] purpose therein other than titillation; or

(4) That the defendant had reasonable cause to believe that the person involved was not a minor.

Approved by the Governor June 26, 2001

Filed in the office of Secretary of State June 26, 2001

Effective date January 1, 2002

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