68th OREGON LEGISLATIVE ASSEMBLY--1995 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 1254

                         House Bill 2736

Sponsored by Representative BROWN (at the request of Jane White,
  Susan Hunter)


                             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.

  Restricts crime of prostitution to persons who pay or offer or
agree to pay fee to engage in sexual conduct or contact.

                        A BILL FOR AN ACT
Relating to prostitution; amending ORS 12.117, 167.007 and
  419B.005.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 167.007 is amended to read:
  167.007. (1) A person commits the crime of prostitution if
 { - : - }
    { - (a) The person engages in or offers or agrees to engage
in sexual conduct or sexual contact in return for a fee; or - }
    { - (b) - }  the person pays or offers or agrees to pay a fee
to engage in sexual conduct or sexual contact.
  (2) Prostitution is a Class A misdemeanor.
  SECTION 2. 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 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  { - , - }  { +  or + } 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 3. ORS 419B.005 is amended to read:
  419B.005. As used in ORS 418.747, 418.748, 418.749 and 419B.005
to 419B.045, unless the context requires otherwise:
  (1) '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:
  (A) Contributing to the sexual delinquency of a minor, as
defined in ORS chapter 163, and any other conduct which 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 is designed to serve
educational or other legitimate purposes; and
  (B) Allowing, permitting  { - , - }  { +  or + } 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. However, any child who is
under care or treatment solely by spiritual means pursuant to the
religious beliefs or practices of the child or the child's parent
or guardian shall not, for this reason alone, be considered a
neglected or maltreated child under this section.
  (g) Threatened harm to a child, which means subjecting a child
to a substantial risk of harm to the child's health or welfare.
  (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 Resources, 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) Clergyman.
  (i) Licensed clinical social worker.
  (j) Optometrist.
  (k) Chiropractor.
  (L) Certified provider of day care or 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.
  (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.
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