71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 1215
 
                           A-Engrossed
 
                         House Bill 2413
                  Ordered by the Senate May 30
            Including Senate Amendments dated May 30
 
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
  Presession filed (at the request of Representative Lane
  Shetterly)
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.
 
  Modifies affirmative defense to crime of furnishing obscene
materials to minors.
 
                        A BILL FOR AN ACT
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.
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