74th OREGON LEGISLATIVE ASSEMBLY--2007 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 1184
House Bill 3515
Sponsored by Representatives ROBLAN, SHIELDS, GELSER, MACPHERSON;
Representatives BARKER, BARNHART, COWAN, C EDWARDS, GALIZIO,
HUNT
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.
Creates crime of online sexual corruption of child in second
degree. Punishes by maximum of five years' imprisonment, $125,000
fine, or both.
Creates crime of online sexual corruption of child in first
degree. Punishes by maximum of 10 years' imprisonment, $250,000
fine, or both.
Requires person convicted of online sexual corruption of child
in any degree to report as sex offender and authorizes seizure of
instrumentalities of crime.
A BILL FOR AN ACT
Relating to crime; creating new provisions; and amending ORS
131.602, 181.594 and 342.143.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Sections 2 to 4 of this 2007 Act are added to
and made a part of ORS 163.305 to 163.467. + }
SECTION 2. { + (1) A person commits the crime of online sexual
corruption of a child in the second degree if the person is more
than 21 years of age and, for the purpose of arousing or
gratifying the sexual desire of the person or another, knowingly
uses an online communication to:
(a) Solicit a child to engage in sexual contact or sexually
explicit conduct; or
(b) Subject a child to an explicit verbal description or
narrative account of sexual contact or sexually explicit conduct.
(2) Online sexual corruption of a child in the second degree is
a Class C felony. + }
SECTION 3. { + (1) A person commits the crime of online sexual
corruption of a child in the first degree if the person violates
section 2 of this 2007 Act and:
(a) Offers or agrees to physically meet with the child; or
(b) Takes a substantial step toward physically meeting with the
child.
(2) Online sexual corruption in the first degree is a Class B
felony. + }
SECTION 4. { + (1) As used in sections 2 and 3 of this 2007
Act:
(a) 'Child' means a person:
(A) Who represents the person as being less than 16 years of
age; or
(B) Whom the defendant reasonably believes to be less than 16
years of age.
(b) 'Online communication' means communication that occurs via
electronic mail, personal or instant messaging, chat rooms,
bulletin boards or any other method of communicating over the
Internet.
(c) 'Sexual contact' has the meaning given that term in ORS
163.305.
(d) 'Sexually explicit conduct' has the meaning given that term
in ORS 163.665.
(e) 'Solicit' means to seduce, lure, entice, persuade, prevail
upon, coax, coerce or attempt to do so.
(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 more than 16 years
of age.
(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. + }
SECTION 5. ORS 181.594 is amended to read:
181.594. As used in ORS 181.595, 181.596, 181.597 and 181.603:
(1) 'Attends' means is enrolled on a full-time or part-time
basis.
(2)(a) 'Correctional facility' means any place used for the
confinement of persons:
(A) Charged with or convicted of a crime or otherwise confined
under a court order.
(B) Found to be within the jurisdiction of the juvenile court
for having committed an act that if committed by an adult would
constitute a crime.
(b) 'Correctional facility' applies to a state hospital or a
secure intensive community inpatient facility only as to persons
detained therein charged with or convicted of a crime, or
detained therein after being found guilty except for insanity
under ORS 161.290 to 161.370.
(3) 'Institution of higher education' means a public or private
educational institution that provides a program of post-secondary
education.
(4) 'Sex crime' means:
(a) Rape in any degree;
(b) Sodomy in any degree;
(c) Unlawful sexual penetration in any degree;
(d) Sexual abuse in any degree;
(e) Incest with a child victim;
(f) Using a child in a display of sexually explicit conduct;
(g) Encouraging child sexual abuse in any degree;
(h) Transporting child pornography into the state;
(i) Paying for viewing a child's sexually explicit conduct;
(j) Compelling prostitution;
(k) Promoting prostitution;
(L) Kidnapping in the first degree if the victim was under 18
years of age;
(m) Contributing to the sexual delinquency of a minor;
(n) Sexual misconduct if the offender is at least 18 years of
age;
(o) Possession of materials depicting sexually explicit conduct
of a child in the first degree;
(p) Kidnapping in the second degree if the victim was under 18
years of age, except by a parent or by a person found to be
within the jurisdiction of the juvenile court;
{ + (q) Online sexual corruption of a child in any
degree; + }
{ - (q) - } { + (r) + } Any attempt to commit any of the
crimes set forth in paragraphs (a) to { - (p) - } { + (q) + }
of this subsection;
{ - (r) - } { + (s) + } Burglary, when committed with
intent to commit any of the offenses listed in paragraphs (a) to
{ - (p) - } { + (q) + } or { - (s) - } { + (t) + } of this
subsection; or
{ - (s) - } { + (t) + } Public indecency or private
indecency, if the person has a prior conviction for a crime
listed in this subsection.
(5) 'Sex offender' means a person who:
(a) Has been convicted of a sex crime;
(b) Has been found guilty except for insanity of a sex crime;
(c) Has been found to be within the jurisdiction of the
juvenile court for having committed an act that if committed by
an adult would constitute a sex crime; or
(d) Is paroled to this state under ORS 144.610 after being
convicted in another jurisdiction of a crime that would
constitute a sex crime if committed in this state.
(6) 'Works' or 'carries on a vocation' means full-time or
part-time employment for more than 14 days within one calendar
year whether financially compensated, volunteered or for the
purpose of governmental or educational benefit.
SECTION 6. ORS 131.602 is amended to read:
131.602. The crimes to which ORS 131.550 (11)(b) applies are:
(1) Bribe giving, as defined in ORS 162.015.
(2) Bribe receiving, as defined in ORS 162.025.
(3) Public investment fraud, as defined in ORS 162.117.
(4) Bribing a witness, as defined in ORS 162.265.
(5) Bribe receiving by a witness, as defined in ORS 162.275.
(6) Simulating legal process, as defined in ORS 162.355.
(7) Official misconduct in the first degree, as defined in ORS
162.415.
(8) Custodial interference in the second degree, as defined in
ORS 163.245.
(9) Custodial interference in the first degree, as defined in
ORS 163.257.
(10) Buying or selling a person under 18 years of age, as
defined in ORS 163.537.
(11) Using a child in a display of sexually explicit conduct,
as defined in ORS 163.670.
(12) Encouraging child sexual abuse in the first degree, as
defined in ORS 163.684.
(13) Encouraging child sexual abuse in the second degree, as
defined in ORS 163.686.
(14) Encouraging child sexual abuse in the third degree, as
defined in ORS 163.687.
(15) Possession of materials depicting sexually explicit
conduct of a child in the first degree, as defined in ORS
163.688.
(16) Possession of materials depicting sexually explicit
conduct of a child in the second degree, as defined in ORS
163.689.
(17) Theft in the second degree, as defined in ORS 164.045.
(18) Theft in the first degree, as defined in ORS 164.055.
(19) Aggravated theft in the first degree, as defined in ORS
164.057.
(20) Theft by extortion, as defined in ORS 164.075.
(21) Theft by deception, as defined in ORS 164.085, if it is a
felony or a Class A misdemeanor.
(22) Theft by receiving, as defined in ORS 164.095, if it is a
felony or a Class A misdemeanor.
(23) Theft of services, as defined in ORS 164.125, if it is a
felony or a Class A misdemeanor.
(24) Unauthorized use of a vehicle, as defined in ORS 164.135.
(25) Mail theft or receipt of stolen mail, as defined in ORS
164.162.
(26) Laundering a monetary instrument, as defined in ORS
164.170.
(27) Engaging in a financial transaction in property derived
from unlawful activity, as defined in ORS 164.172.
(28) Burglary in the second degree, as defined in ORS 164.215.
(29) Burglary in the first degree, as defined in ORS 164.225.
(30) Possession of a burglary tool or theft device, as defined
in ORS 164.235.
(31) Unlawful entry into a motor vehicle, as defined in ORS
164.272.
(32) Arson in the second degree, as defined in ORS 164.315.
(33) Arson in the first degree, as defined in ORS 164.325.
(34) Computer crime, as defined in ORS 164.377.
(35) Robbery in the third degree, as defined in ORS 164.395.
(36) Robbery in the second degree, as defined in ORS 164.405.
(37) Robbery in the first degree, as defined in ORS 164.415.
(38) Unlawful labeling of a sound recording, as defined in ORS
164.868.
(39) Unlawful recording of a live performance, as defined in
ORS 164.869.
(40) Unlawful labeling of a videotape recording, as defined in
ORS 164.872.
(41) A violation of ORS 164.877.
(42) Endangering aircraft, as defined in ORS 164.885.
(43) Interference with agricultural operations, as defined in
ORS 164.887.
(44) Forgery in the second degree, as defined in ORS 165.007.
(45) Forgery in the first degree, as defined in ORS 165.013.
(46) Criminal possession of a forged instrument in the second
degree, as defined in ORS 165.017.
(47) Criminal possession of a forged instrument in the first
degree, as defined in ORS 165.022.
(48) Criminal possession of a forgery device, as defined in ORS
165.032.
(49) Criminal simulation, as defined in ORS 165.037.
(50) Fraudulently obtaining a signature, as defined in ORS
165.042.
(51) Fraudulent use of a credit card, as defined in ORS
165.055.
(52) Negotiating a bad check, as defined in ORS 165.065.
(53) Possessing a fraudulent communications device, as defined
in ORS 165.070.
(54) Unlawful factoring of a payment card transaction, as
defined in ORS 165.074.
(55) Falsifying business records, as defined in ORS 165.080.
(56) Sports bribery, as defined in ORS 165.085.
(57) Sports bribe receiving, as defined in ORS 165.090.
(58) Misapplication of entrusted property, as defined in ORS
165.095.
(59) Issuing a false financial statement, as defined in ORS
165.100.
(60) Obtaining execution of documents by deception, as defined
in ORS 165.102.
(61) A violation of ORS 165.543.
(62) Cellular counterfeiting in the third degree, as defined in
ORS 165.577.
(63) Cellular counterfeiting in the second degree, as defined
in ORS 165.579.
(64) Cellular counterfeiting in the first degree, as defined in
ORS 165.581.
(65) Identity theft, as defined in ORS 165.800.
(66) A violation of ORS 166.190.
(67) Unlawful use of a weapon, as defined in ORS 166.220.
(68) A violation of ORS 166.240.
(69) Unlawful possession of a firearm, as defined in ORS
166.250.
(70) A violation of ORS 166.270.
(71) Unlawful possession of a machine gun, short-barreled
rifle, short-barreled shotgun or firearms silencer, as defined in
ORS 166.272.
(72) A violation of ORS 166.275.
(73) Unlawful possession of armor piercing ammunition, as
defined in ORS 166.350.
(74) A violation of ORS 166.370.
(75) Unlawful possession of a destructive device, as defined in
ORS 166.382.
(76) Unlawful manufacture of a destructive device, as defined
in ORS 166.384.
(77) Possession of a hoax destructive device, as defined in ORS
166.385.
(78) A violation of ORS 166.410.
(79) Providing false information in connection with a transfer
of a firearm, as defined in ORS 166.416.
(80) Improperly transferring a firearm, as defined in ORS
166.418.
(81) Unlawfully purchasing a firearm, as defined in ORS
166.425.
(82) A violation of ORS 166.429.
(83) A violation of ORS 166.470.
(84) A violation of ORS 166.480.
(85) A violation of ORS 166.635.
(86) A violation of ORS 166.638.
(87) Unlawful paramilitary activity, as defined in ORS 166.660.
(88) A violation of ORS 166.720.
(89) Prostitution, as defined in ORS 167.007.
(90) Promoting prostitution, as defined in ORS 167.012.
(91) Compelling prostitution, as defined in ORS 167.017.
(92) Exhibiting an obscene performance to a minor, as defined
in ORS 167.075.
(93) Unlawful gambling in the second degree, as defined in ORS
167.122.
(94) Unlawful gambling in the first degree, as defined in ORS
167.127.
(95) Possession of gambling records in the second degree, as
defined in ORS 167.132.
(96) Possession of gambling records in the first degree, as
defined in ORS 167.137.
(97) Possession of a gambling device, as defined in ORS
167.147.
(98) Possession of a gray machine, as defined in ORS 167.164.
(99) Cheating, as defined in ORS 167.167.
(100) Tampering with drug records, as defined in ORS 167.212.
(101) A violation of ORS 167.262.
(102) Research and animal interference, as defined in ORS
167.312.
(103) Animal abuse in the first degree, as defined in ORS
167.320.
(104) Aggravated animal abuse in the first degree, as defined
in ORS 167.322.
(105) Animal neglect in the first degree, as defined in ORS
167.330.
(106) Interfering with an assistance, a search and rescue or a
therapy animal, as defined in ORS 167.352.
(107) Involvement in animal fighting, as defined in ORS
167.355.
(108) Dogfighting, as defined in ORS 167.365.
(109) Participation in dogfighting, as defined in ORS 167.370.
(110) Unauthorized use of a livestock animal, as defined in ORS
167.385.
(111) Interference with livestock production, as defined in ORS
167.388.
(112) A violation of ORS 167.390.
(113) A violation of ORS 471.410.
(114) Failure to report missing precursor substances, as
defined in ORS 475.955.
(115) Illegally selling drug equipment, as defined in ORS
475.960.
(116) Providing false information on a precursor substances
report, as defined in ORS 475.965.
(117) Unlawful delivery of an imitation controlled substance,
as defined in ORS 475.912.
(118) A violation of ORS 475.840, if it is a felony or a Class
A misdemeanor.
(119) A violation of ORS 475.914, if it is a felony or a Class
A misdemeanor.
(120) A violation of ORS 475.916.
(121) A violation of ORS 475.906, if it is a felony or a Class
A misdemeanor.
(122) A violation of ORS 475.904 { - (2) - } .
(123) Misuse of an identification card, as defined in ORS
807.430.
(124) Unlawful production of identification cards, licenses,
permits, forms or camera cards, as defined in ORS 807.500.
(125) Transfer of documents for the purposes of
misrepresentation, as defined in ORS 807.510.
(126) Using an invalid license, as defined in ORS 807.580.
(127) Permitting misuse of a license, as defined in ORS
807.590.
(128) Using another's license, as defined in ORS 807.600.
(129) Criminal driving while suspended or revoked, as defined
in ORS 811.182, when it is a felony.
(130) Driving while under the influence of intoxicants, as
defined in ORS 813.010, when it is a felony.
(131) Unlawful distribution of cigarettes, as defined in ORS
323.482.
(132) A violation of ORS 180.440 (2).
(133) A violation described in ORS 475.846 to 475.894, if it is
a felony.
{ + (134) Online sexual corruption of a child in the second
degree, as defined in section 2 of this 2007 Act.
(135) Online sexual corruption of a child in the first degree,
as defined in section 3 of this 2007 Act. + }
{ - (134) - } { + (136) + } An attempt, conspiracy or
solicitation to commit a crime in subsections (1) to
{ - (133) - } { + (135) + } of this section if the attempt,
conspiracy or solicitation is a felony or a Class A misdemeanor.
SECTION 7. ORS 342.143 is amended to read:
342.143. (1) No teaching, personnel service or administrative
license shall be issued to any person until the person has
attained the age of 18 years and has furnished satisfactory
evidence of proper educational training.
(2) The Teacher Standards and Practices Commission may also
require an applicant for a teaching, personnel service or
administrative license to furnish evidence satisfactory to the
commission of good moral character, mental and physical health,
and such other evidence as it may deem necessary to establish the
applicant's fitness to serve as a teacher.
(3) Without limiting the powers of the Teacher Standards and
Practices Commission under subsection (2) of this section
{ - and notwithstanding ORS 670.280 - } :
(a) No teaching, personnel service or administrative license or
registration as a public charter school teacher shall be issued
to any person who:
(A) Has been convicted of a crime listed in ORS 163.095,
163.115, 163.185, 163.235, 163.355, 163.365, 163.375, 163.385,
163.395, 163.405, 163.408, 163.411, 163.415, 163.425, 163.427,
163.435, 163.445, 163.465, 163.515, 163.525, 163.547, 163.575,
163.670, 163.675 (1985 Replacement Part), 163.680 (1993 Edition),
163.684, 163.686, 163.687, 163.688, 163.689, 164.325, 164.415,
166.005, 166.087, 167.007, 167.012, 167.017, 167.062, 167.065,
167.070, 167.075, 167.080, 167.087, 167.090, 475.848, 475.852,
475.858, 475.860, 475.862, 475.864 (4), 475.868, 475.872,
475.878, 475.880, 475.882, 475.888, 475.890, 475.892, 475.904 or
475.906 { + or section 2 or 3 of this 2007 Act + };
(B) Has been convicted under ORS 161.405 of an attempt to
commit any of the crimes listed in subparagraph (A) of this
paragraph; or
(C) Has been convicted in another jurisdiction of a crime that
is substantially equivalent, as defined by rule, to any of the
crimes listed in subparagraphs (A) and (B) of this paragraph.
(b) The Teacher Standards and Practices Commission may refuse
to issue a license or registration to any person who has been
convicted of a crime involving the illegal use, sale or
possession of controlled substances.
(4) In denying the issuance of a license or registration under
this section, the commission shall follow the procedure set forth
in ORS 342.176 and 342.177.
(5) The Department of Education shall provide school districts
and public charter schools a copy of the list contained in
subsection (3) of this section.
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