71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
 
                            Enrolled
 
                         House Bill 2413
 
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
  Presession filed (at the request of Representative Lane
  Shetterly)
 
 
                     CHAPTER ................
 
 
                             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.
                         ----------
 
 
Passed by House April 25, 2001
 
Repassed by House June 5, 2001
 
 
      ...........................................................
                                             Chief Clerk of House
 
      ...........................................................
                                                 Speaker of House
 
Passed by Senate June 1, 2001
 
 
      ...........................................................
                                              President of Senate
 
 
 
 
Enrolled House Bill 2413 (HB 2413-A)                       Page 1
 
 
 
 
 
Received by Governor:
 
......M.,............., 2001
 
Approved:
 
......M.,............., 2001
 
 
      ...........................................................
                                                         Governor
 
Filed in Office of Secretary of State:
 
......M.,............., 2001
 
 
      ...........................................................
                                               Secretary of State
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Enrolled House Bill 2413 (HB 2413-A)                       Page 2