73rd OREGON LEGISLATIVE ASSEMBLY--2005 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 1561
House Bill 2381
Sponsored by Representative NELSON
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 as
introduced.
Expands crimes of rape in second degree, sodomy in second
degree, unlawful sexual penetration in second degree and sexual
abuse in first degree to include victims under 18 years of age.
Repeals crimes of rape in third degree, sodomy in third degree
and contributing to sexual delinquency of minor.
A BILL FOR AN ACT
Relating to sex offenses; amending ORS 12.117, 124.105, 131.125,
137.712, 163.345, 163.365, 163.395, 163.408, 163.415, 163.427,
336.455, 419B.005 and 419C.230; and repealing ORS 163.355,
163.385 and 163.435.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 163.365 is amended to read:
163.365. (1) A person who has sexual intercourse with another
person commits the crime of rape in the second degree if the
other person is under { - 14 - } { + 18 + } years of age.
(2) Rape in the second degree is a Class B felony.
SECTION 2. ORS 163.395 is amended to read:
163.395. (1) A person who engages in deviate sexual intercourse
with another person or causes another to engage in deviate sexual
intercourse commits the crime of sodomy in the second degree if
the victim is under { - 14 - } { + 18 + } years of age.
(2) Sodomy in the second degree is a Class B felony.
SECTION 3. ORS 163.408 is amended to read:
163.408. (1) Except as permitted under ORS 163.412, a person
commits the crime of unlawful sexual penetration in the second
degree if the person penetrates the vagina, anus or penis of
another with any object other than the penis or mouth of the
actor and the victim is under { - 14 - } { + 18 + } years of
age.
(2) Unlawful sexual penetration in the second degree is a Class
B felony.
SECTION 4. ORS 163.415 is amended to read:
163.415. (1) A person commits the crime of sexual abuse in the
third degree if the person subjects another person to sexual
contact and { - : - }
{ - (a) - } the victim does not consent to the sexual
contact { + . + } { - ; or - }
{ - (b) The victim is incapable of consent by reason of being
under 18 years of age. - }
(2) Sexual abuse in the third degree is a Class A misdemeanor.
SECTION 5. ORS 163.427 is amended to read:
163.427. (1) A person commits the crime of sexual abuse in the
first degree when that person:
(a) Subjects another person to sexual contact and:
(A) The victim is less than { - 14 - } { + 18 + } years of
age;
(B) The victim is subjected to forcible compulsion by the
actor; or
(C) The victim is incapable of consent by reason of being
mentally defective, mentally incapacitated or physically
helpless; or
(b) Intentionally causes a person under 18 years of age to
touch or contact the mouth, anus or sex organs of an animal for
the purpose of arousing or gratifying the sexual desire of a
person.
(2) Sexual abuse in the first degree is a Class B felony.
SECTION 6. ORS 12.117 is amended to read:
12.117. (1) Notwithstanding ORS 12.110, 12.115 or 12.160, an
action based on conduct that constitutes child abuse or conduct
knowingly allowing, permitting or encouraging child abuse
accruing while the person who is entitled to bring the action is
under 18 years of age shall be commenced not more than six years
after that person attains 18 years of age, or if the injured
person has not discovered the injury or the causal connection
between the injury and the child abuse, nor in the exercise of
reasonable care should have discovered the injury or the causal
connection between the injury and the child abuse, not more than
three years from the date the injured person discovers or in the
exercise of reasonable care should have discovered the injury or
the causal connection between the child abuse and the injury,
whichever period is longer.
(2) As used in subsection (1) of this section, 'child abuse'
means any of the following:
(a) Intentional conduct by an adult that results in:
(A) Any physical injury to a child; or
(B) Any mental injury to a child which results in observable
and substantial impairment of the child's mental or psychological
ability to function caused by cruelty to the child, with due
regard to the culture of the child;
(b) Rape of a child, which includes but is not limited to rape,
sodomy, unlawful sexual penetration and incest, as those acts are
defined in ORS chapter 163;
(c) Sexual abuse, as defined in ORS chapter 163, when the
victim is a child; or
(d) Sexual exploitation of a child, including but not limited
to:
(A) Conduct { - constituting violation of ORS 163.435 and any
other conduct which - } { + that + } allows, employs,
authorizes, permits, induces or encourages a child to engage in
the performing for people to observe or the photographing,
filming, tape recording or other exhibition which, in whole or in
part, depicts sexual conduct or contact; and
(B) Allowing, permitting, encouraging or hiring a child to
engage in prostitution, as defined in ORS chapter 167.
(3) Nothing in this section creates a new cause of action or
enlarges any existing cause of action.
SECTION 7. ORS 124.105 is amended to read:
124.105. (1) An action may be brought under ORS 124.100 for
physical abuse if the defendant engaged in conduct against an
elderly or incapacitated person that would constitute any of the
following:
(a) Assault, under the provisions of ORS 163.160, 163.165,
163.175 and 163.185.
(b) Menacing, under the provisions of ORS 163.190.
(c) Recklessly endangering another person, under the provisions
of ORS 163.195.
(d) Criminal mistreatment, under the provisions of ORS 163.200
and 163.205.
(e) Rape, under the provisions of ORS { - 163.355, - }
163.365 and 163.375.
(f) Sodomy, under the provisions of ORS { - 163.385, - }
163.395 and 163.405.
(g) Unlawful sexual penetration, under the provisions of ORS
163.408 and 163.411.
(h) Sexual abuse, under the provisions of ORS 163.415, 163.425
and 163.427.
(i) Strangulation, under ORS 163.187.
(2) An action may be brought under ORS 124.100 for physical
abuse if the defendant used any unreasonable physical constraint
on the plaintiff or subjected the plaintiff to prolonged or
continued deprivation of food or water.
(3) An action may be brought under ORS 124.100 for physical
abuse if the defendant used a physical or chemical restraint, or
psychotropic medication on the plaintiff without an order from a
physician licensed in the State of Oregon or under any of the
following conditions:
(a) For the purpose of punishing the elderly or incapacitated
person.
(b) For any purpose not consistent with the purposes authorized
by a physician.
(c) For a period significantly beyond that for which the
restraint or medication was authorized by a physician.
SECTION 8. ORS 131.125 is amended to read:
131.125. (1) A prosecution for aggravated murder, murder,
attempted murder or aggravated murder, conspiracy or solicitation
to commit aggravated murder or murder or any degree of
manslaughter may be commenced at any time after the commission of
the attempt, conspiracy or solicitation to commit aggravated
murder or murder, or the death of the person killed.
(2) A prosecution for any of the following felonies may be
commenced within six years after the commission of the crime or,
if the victim at the time of the crime was under 18 years of age,
anytime before the victim attains 24 years of age or within six
years after the offense is reported to a law enforcement agency
or other governmental agency, whichever occurs first:
(a) Criminal mistreatment in the first degree under ORS
163.205.
{ - (b) Rape in the third degree under ORS 163.355. - }
{ - (c) - } { + (b) + } Rape in the second degree under ORS
163.365.
{ - (d) - } { + (c) + } Rape in the first degree under ORS
163.375.
{ - (e) Sodomy in the third degree under ORS 163.385. - }
{ - (f) - } { + (d) + } Sodomy in the second degree under
ORS 163.395.
{ - (g) - } { + (e) + } Sodomy in the first degree under
ORS 163.405.
{ - (h) - } { + (f) + } Unlawful sexual penetration in the
second degree under ORS 163.408.
{ - (i) - } { + (g) + } Unlawful sexual penetration in the
first degree under ORS 163.411.
{ - (j) - } { + (h) + } Sexual abuse in the second degree
under ORS 163.425.
{ - (k) - } { + (i) + } Sexual abuse in the first degree
under ORS 163.427.
{ - (L) - } { + (j) + } Using a child in a display of
sexual conduct under ORS 163.670.
{ - (m) - } { + (k) + } Encouraging child sexual abuse in
the first degree under ORS 163.684.
{ - (n) - } { + (L) + } Incest under ORS 163.525.
{ - (o) - } { + (m) + } Promoting prostitution under ORS
167.012.
{ - (p) - } { + (n) + } Compelling prostitution under ORS
167.017.
(3) A prosecution for any of the following misdemeanors may be
commenced within four years after the commission of the crime or,
if the victim at the time of the crime was under 18 years of age,
anytime before the victim attains 22 years of age or within four
years after the offense is reported to a law enforcement agency
or other governmental agency, whichever occurs first:
(a) Sexual abuse in the third degree under ORS 163.415.
(b) Furnishing obscene materials to minors under ORS 167.065.
(c) Sending obscene materials to minors under ORS 167.070.
(d) Exhibiting an obscene performance to a minor under ORS
167.075.
(e) Displaying obscene materials to minors under ORS 167.080.
(4) In the case of crimes described in subsection
{ - (2)(L) - } { + (2)(j) + } of this section, the 'victim' is
the child engaged in sexual conduct. In the case of the crime
described in subsection
{ - (2)(n) - } { + (2)(L) + } of this section, the 'victim'
is the party to the incest other than the party being prosecuted.
In the case of crimes described in subsection { - (2)(o) and
(p) - } { + (2)(m) and (n) + } of this section, the 'victim' is
the child whose acts of prostitution are promoted or compelled.
(5) A prosecution for arson in any degree may be commenced
within six years after the commission of the crime.
(6) Except as provided in subsection (7) of this section or as
otherwise expressly provided by law, prosecutions for other
offenses must be commenced within the following periods of
limitations after their commission:
(a) For any other felony, three years.
(b) For any misdemeanor, two years.
(c) For a violation, six months.
(7) If the period prescribed in subsection (6) of this section
has expired, a prosecution nevertheless may be commenced as
follows:
(a) If the offense has as a material element either fraud or
the breach of a fiduciary obligation, prosecution may be
commenced within one year after discovery of the offense by an
aggrieved party or by a person who has a legal duty to represent
an aggrieved party and who is not a party to the offense, but in
no case shall the period of limitation otherwise applicable be
extended by more than three years;
(b) If the offense is based upon misconduct in office by a
public officer or employee, prosecution may be commenced at any
time while the defendant is in public office or employment or
within two years thereafter, but in no case shall the period of
limitation otherwise applicable be extended by more than three
years; or
(c) If the offense is an invasion of personal privacy under ORS
163.700, prosecution may be commenced within one year after
discovery of the offense by the person aggrieved by the offense,
by a person who has a legal duty to represent the person
aggrieved by the offense or by a law enforcement agency, but in
no case shall the period of limitation otherwise applicable be
extended by more than three years.
(8) Notwithstanding subsection (2) of this section, a
prosecution for rape in the first or second degree or sodomy in
the first or second degree may be commenced within 12 years after
the commission of the crime if the defendant is identified after
the period described in subsection (2) of this section on the
basis of DNA (deoxyribonucleic acid) sample comparisons.
SECTION 9. ORS 137.712 is amended to read:
137.712. (1)(a) Notwithstanding ORS 137.700 and 137.707, when a
person is convicted of manslaughter in the second degree as
defined in ORS 163.125, assault in the second degree as defined
in ORS 163.175 (1)(b), kidnapping in the second degree as defined
in ORS 163.225, rape in the second degree as defined in ORS
163.365, sodomy in the second degree as defined in ORS 163.395,
unlawful sexual penetration in the second degree as defined in
ORS 163.408, sexual abuse in the first degree as defined in ORS
163.427 (1)(a)(A) or robbery in the second degree as defined in
ORS 164.405, the court may impose a sentence according to the
rules of the Oregon Criminal Justice Commission that is less than
the minimum sentence that otherwise may be required by ORS
137.700 or 137.707 if the court, on the record at sentencing,
makes the findings set forth in subsection (2) of this section
and finds that a substantial and compelling reason under the
rules of the Oregon Criminal Justice Commission justifies the
lesser sentence. When the court imposes a sentence under this
subsection, the person is eligible for a reduction in the
sentence as provided in ORS 421.121 and any other statute.
(b) In order to make a dispositional departure under this
section, the court must make the following additional findings on
the record:
(A) There exists a substantial and compelling reason not relied
upon in paragraph (a) of this subsection;
(B) A sentence of probation will be more effective than a
prison term in reducing the risk of offender recidivism; and
(C) A sentence of probation will better serve to protect
society.
(2) A conviction is subject to subsection (1) of this section
only if the sentencing court finds on the record by a
preponderance of the evidence:
(a) If the conviction is for manslaughter in the second degree:
(A) That the defendant is the mother or father of the victim;
(B) That the death of the victim was the result of an injury or
illness that was not caused by the defendant;
(C) That the defendant treated the injury or illness solely by
spiritual treatment in accordance with the religious beliefs or
practices of the defendant and based on a good faith belief that
spiritual treatment would bring about the victim's recovery from
the injury or illness;
(D) That no other person previously under the defendant's care
has died or sustained significant physical injury as a result of
or despite the use of spiritual treatment, regardless of whether
the spiritual treatment was used alone or in conjunction with
medical care; and
(E) That the defendant does not have a previous conviction for
a crime listed in subsection (4) of this section or for criminal
mistreatment in the second degree.
(b) If the conviction is for assault in the second degree:
(A) That the victim was not physically injured by means of a
deadly weapon;
(B) That the victim did not suffer a significant physical
injury; and
(C) That the defendant does not have a previous conviction for
a crime listed in subsection (4) of this section.
(c) If the conviction is for kidnapping in the second degree:
(A) That the victim was at least 12 years of age at the time
the crime was committed; and
(B) That the defendant does not have a previous conviction for
a crime listed in subsection (4) of this section.
(d) If the conviction is for robbery in the second degree:
(A) That the victim did not suffer a significant physical
injury;
(B) That, if the defendant represented by words or conduct that
the defendant was armed with a dangerous weapon, the
representation did not reasonably put the victim in fear of
imminent significant physical injury;
(C) That, if the defendant represented by words or conduct that
the defendant was armed with a deadly weapon, the representation
did not reasonably put the victim in fear of imminent physical
injury; and
(D) That the defendant does not have a previous conviction for
a crime listed in subsection (4) of this section.
(e) If the conviction is for rape in the second degree, sodomy
in the second degree or sexual abuse in the first degree:
(A) That the victim was at least 12 years of age, but under
{ - 14 - } { + 18 + } years of age, at the time of the
offense;
(B) That the defendant does not have a prior conviction for a
crime listed in subsection (4) of this section;
(C) That the defendant has not been previously found to be
within the jurisdiction of a juvenile court for an act that would
have been a felony sexual offense if the act had been committed
by an adult;
(D) That the defendant was no more than five years older than
the victim at the time of the offense;
(E) That the offense did not involve sexual contact with any
minor other than the victim; and
(F) That the victim's lack of consent was due solely to
incapacity to consent by reason of being under 18 years of age at
the time of the offense.
(f) If the conviction is for unlawful sexual penetration in the
second degree:
(A) That the victim was 12 years of age or older at the time of
the offense;
(B) That the defendant does not have a prior conviction for a
crime listed in subsection (4) of this section;
(C) That the defendant has not been previously found to be
within the jurisdiction of a juvenile court for an act that would
have been a felony sexual offense if the act had been committed
by an adult;
(D) That the defendant was no more than five years older than
the victim at the time of the offense;
(E) That the offense did not involve sexual contact with any
minor other than the victim;
(F) That the victim's lack of consent was due solely to
incapacity to consent by reason of being under 18 years of age at
the time of the offense; and
(G) That the object used to commit the unlawful sexual
penetration was the hand or any part thereof of the defendant.
(3) In making the findings required by subsections (1) and (2)
of this section, the court may consider any evidence presented at
trial and may receive and consider any additional relevant
information offered by either party at sentencing.
(4) The crimes to which subsection (2)(a)(E), (b)(C), (c)(B),
(d)(D), (e)(B) and (f)(B) of this section refer are:
(a) A crime listed in ORS 137.700 (2) or 137.707 (4);
(b) Escape in the first degree, as defined in ORS 162.165;
(c) Aggravated murder, as defined in ORS 163.095;
(d) Criminally negligent homicide, as defined in ORS 163.145;
(e) Assault in the third degree, as defined in ORS 163.165;
(f) Criminal mistreatment in the first degree, as defined in
ORS 163.205 (1)(b)(A);
(g) Rape in the third degree, as defined in ORS 163.355;
(h) Sodomy in the third degree, as defined in ORS 163.385;
(i) Sexual abuse in the second degree, as defined in ORS
163.425;
(j) Stalking, as defined in ORS 163.732;
(k) Burglary in the first degree, as defined in ORS 164.225,
when it is classified as a person felony under the rules of the
Oregon Criminal Justice Commission;
(L) Arson in the first degree, as defined in ORS 164.325;
(m) Robbery in the third degree, as defined in ORS 164.395;
(n) Intimidation in the first degree, as defined in ORS
166.165;
(o) Promoting prostitution, as defined in ORS 167.012; and
(p) An attempt or solicitation to commit any Class A or B
felony listed in paragraphs (a) to (L) of this subsection.
(5) Notwithstanding ORS 137.545 (5)(b), if a person sentenced
to probation under this section violates a condition of probation
by committing a new crime, the court shall revoke the probation
and impose the presumptive sentence of imprisonment under the
rules of the Oregon Criminal Justice Commission.
(6) As used in this section:
(a) 'Conviction' includes, but is not limited to:
(A) A juvenile court adjudication finding a person within the
court's jurisdiction under ORS 419C.005, if the person was at
least 15 years of age at the time the person committed the
offense that brought the person within the jurisdiction of the
juvenile court.
(B) A conviction in another jurisdiction for a crime that if
committed in this state would constitute a crime listed in
subsection (4) of this section.
(b) 'Previous conviction' means a conviction that was entered
prior to imposing sentence on the current crime provided that the
prior conviction is based on a crime committed in a separate
criminal episode. 'Previous conviction' does not include a
conviction for a Class C felony, including an attempt or
solicitation to commit a Class B felony, or a misdemeanor, unless
the conviction was entered within the 10-year period immediately
preceding the date on which the current crime was committed.
(c) 'Significant physical injury' means a physical injury that:
(A) Creates a risk of death that is not a remote risk;
(B) Causes a serious and temporary disfigurement;
(C) Causes a protracted disfigurement; or
(D) Causes a prolonged impairment of health or the function of
any bodily organ.
SECTION 10. ORS 163.345 is amended to read:
163.345. (1) In any prosecution under ORS { - 163.355, - }
163.365,
{ - 163.385, - } 163.395, 163.415, 163.425 { - , - } { +
or + } 163.427 { - or 163.435 - } in which the victim's lack
of consent was due solely to incapacity to consent by reason of
being less than a specified age, it is a defense that the actor
was less than three years older than the victim at the time of
the alleged offense.
(2) In any prosecution under ORS 163.408, when the object used
to commit the unlawful sexual penetration was the hand or any
part thereof of the actor and in which the victim's lack of
consent was due solely to incapacity to consent by reason of
being less than a specified age, it is a defense that the actor
was less than three years older than the victim at the time of
the alleged offense.
(3) In any prosecution under ORS 163.445 in which the victim's
lack of consent was due solely to incapacity to consent by reason
of being less than a specified age, it is a defense that the
actor was less than three years older than the victim at the time
of the alleged offense if the victim was at least 15 years of age
at the time of the alleged offense.
SECTION 11. ORS 336.455 is amended to read:
336.455. (1) Course material and instruction for all human
sexuality education courses that discuss human sexuality in
public elementary and secondary schools shall enhance students'
understanding of sexuality as a normal and healthy aspect of
human development. Course instruction shall be appropriate for
the age of the pupils and satisfy the following criteria:
(a) Be comprehensive.
(b) As an integral part of the health education curriculum,
include information about responsible sexual behaviors and
hygienic practices that eliminate or reduce the risks of
pregnancy, exposure to human immunodeficiency virus, hepatitis B
and other infectious or sexually transmitted diseases and shall
be designed to allay those fears concerning the risks that are
scientifically groundless.
(c) Promote abstinence for school-age youth and mutually
monogamous relationships with an uninfected partner for adults as
the safest and most responsible sexual behavior. However,
abstinence shall not be taught to the exclusion of other material
and instruction on contraceptive and disease reduction measures.
Human sexuality education courses shall acknowledge the value of
abstinence while not devaluing or ignoring those young people who
have had or are having sexual intercourse.
(d) Include a discussion of the possible emotional, physical
and psychological consequences of preadolescent and adolescent
sexual intercourse and the emotional, physical and psychological
consequences of unintended pregnancy. Pupils shall be provided
with statistics based on the latest medical information regarding
both the possible side effects and health benefits of all forms
of contraceptives, including the success and failure rates for
prevention of pregnancy.
(e) Stress that sexually transmitted diseases are serious
possible hazards of sexual contact. Pupils shall be provided with
statistics based on the latest medical information regarding the
efficacy of contraceptives in preventing human immunodeficiency
virus infection and other sexually transmitted diseases.
(f) Advise pupils of the laws pertaining to their financial
responsibility for their children.
(g) Advise pupils of the circumstances in which it is unlawful
under ORS { - 163.435 and - } 163.445 for persons { - 18
years of age or older - } to have sexual relations with persons
younger than 18 years of age to whom they are not married.
(h) Teach that no form of sexual expression is acceptable when
it physically or emotionally harms oneself or others and teach
pupils not to make unwanted physical and verbal sexual advances,
how to decline unwanted sexual advances or accept the refusal of
unwanted sexual advances. Pupils shall be taught that it is wrong
to take advantage of or to exploit another person. Materials and
information shall be presented in a manner sensitive to the fact
that there are students who have experienced sexual abuse.
(i) Validate through course material and instruction the
importance of honesty with oneself and others, respect for each
person's dignity and well-being, and responsibility for one's
actions.
(j) Assist students in the development and practice of
effective communication skills, the development of self-esteem
and the ability to resist peer pressure.
(k) Encourage family communication and involvement and help
students learn to make responsible decisions.
(2) Any course in any public elementary and secondary school,
the main purpose of which is to teach human sexuality education
or human immunodeficiency virus education, or both, shall
emphasize that abstinence from sexual contact is the only method
that is 100 percent effective against unintended pregnancy,
sexually transmitted diseases and human immunodeficiency virus
when transmitted sexually. Abstinence is to be stressed, but not
to the exclusion of other material and instruction on
contraceptive and disease reduction measures. Such courses are to
acknowledge the value of abstinence while not devaluing or
ignoring those young people who have had or are having sexual
intercourse.
(3) Nothing in this section prohibits instruction in
sanitation, hygiene or traditional courses in biology.
SECTION 12. ORS 419C.230 is amended to read:
419C.230. (1) A formal accountability agreement may be entered
into when a youth has been referred to a county juvenile
department, and a juvenile department counselor has probable
cause to believe that the youth may be found to be within the
jurisdiction of the juvenile court for one or more acts specified
in ORS 419C.005.
(2) Notwithstanding subsection (1) of this section, unless
authorized by the district attorney, a formal accountability
agreement may not be entered into when the youth:
(a) Is alleged to have committed an act that if committed by an
adult would constitute:
(A) A felony sex offense under ORS { - 163.355, - } 163.365,
163.375, { - 163.385, - } 163.395, 163.405, 163.408, 163.411,
163.425 or 163.427; or
(B) An offense involving the use or possession of a firearm, as
defined in ORS 166.210, or destructive device, as described in
ORS 166.382; or
(b) Is being referred to the county juvenile department for a
second or subsequent time for commission of an act that if
committed by an adult would constitute a felony.
SECTION 13. ORS 419B.005 is amended to read:
419B.005. As used in ORS 418.747, 418.748, 418.749 and 419B.005
to 419B.050, unless the context requires otherwise:
(1)(a) 'Abuse' means:
(A) Any assault, as defined in ORS chapter 163, of a child and
any physical injury to a child which has been caused by other
than accidental means, including any injury which appears to be
at variance with the explanation given of the injury.
(B) Any mental injury to a child, which shall include only
observable and substantial impairment of the child's mental or
psychological ability to function caused by cruelty to the child,
with due regard to the culture of the child.
(C) Rape of a child, which includes but is not limited to rape,
sodomy, unlawful sexual penetration and incest, as those acts are
defined in ORS chapter 163.
(D) Sexual abuse, as defined in ORS chapter 163.
(E) Sexual exploitation, including but not limited to:
(i) { - Contributing to the sexual delinquency of a minor, as
defined in ORS chapter 163, and any other conduct which - } { +
Conduct that + } allows, employs, authorizes, permits, induces or
encourages a child to engage in the performing for people to
observe or the photographing, filming, tape recording or other
exhibition which, in whole or in part, depicts sexual conduct or
contact, as defined in ORS 167.002 or described in ORS 163.665
and 163.670, sexual abuse involving a child or rape of a child,
but not including any conduct which is part of any investigation
conducted pursuant to ORS 419B.020 or { - which - }
{ + that + } is designed to serve educational or other
legitimate purposes; and
(ii) Allowing, permitting, encouraging or hiring a child to
engage in prostitution, as defined in ORS chapter 167.
(F) Negligent treatment or maltreatment of a child, including
but not limited to the failure to provide adequate food,
clothing, shelter or medical care that is likely to endanger the
health or welfare of the child.
(G) Threatened harm to a child, which means subjecting a child
to a substantial risk of harm to the child's health or welfare.
(H) Buying or selling a person under 18 years of age as
described in ORS 163.537.
(I) Permitting a person under 18 years of age to enter or
remain in a place where methamphetamines are being manufactured.
(b) 'Abuse' does not include reasonable discipline unless the
discipline results in one of the conditions described in
paragraph (a) of this subsection.
(2) 'Child' means an unmarried person who is under 18 years of
age.
(3) 'Public or private official' means:
(a) Physician, including any intern or resident.
(b) Dentist.
(c) School employee.
(d) Licensed practical nurse or registered nurse.
(e) Employee of the Department of Human Services, State
Commission on Children and Families, Child Care Division of the
Employment Department, the Oregon Youth Authority, a county
health department, a community mental health and developmental
disabilities program, a county juvenile department, a licensed
child-caring agency or an alcohol and drug treatment program.
(f) Peace officer.
(g) Psychologist.
(h) Member of the clergy.
(i) Licensed clinical social worker.
(j) Optometrist.
(k) Chiropractor.
(L) Certified provider of foster care, or an employee thereof.
(m) Attorney.
(n) Naturopathic physician.
(o) Licensed professional counselor.
(p) Licensed marriage and family therapist.
(q) Firefighter or emergency medical technician.
(r) A court appointed special advocate, as defined in ORS
419A.004.
(s) A child care provider registered or certified under ORS
657A.030 and 657A.250 to 657A.450.
(t) Member of the Legislative Assembly.
(4) 'Law enforcement agency' means:
(a) Any city or municipal police department.
(b) Any county sheriff's office.
(c) The Oregon State Police.
(d) A county juvenile department.
SECTION 14. { + ORS 163.355, 163.385 and 163.435 are
repealed. + }
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