Chapter 163 — Chapter 163
199 sections in this chapter.
ORS 163.640 [Repealed by 1971 c.743 §432]
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[Repealed or reserved.]
ORS 163.650 [Repealed by 1971 c.743 §432]
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[Repealed or reserved.]
ORS 163.660 [Repealed by 1971 c.743 §432]
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VISUAL RECORDING OF SEXUAL CONDUCT OF CHILDREN
ORS 163.665 Definitions. As used in ORS 163.665 to 163.693
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(1) “Child” means a person who is less than 18 years of age, and any reference to a child in relation to a visual recording of the child is a reference to a person who was less than 18 years of age at the time the original image in the visual recording was created and not the age…
ORS 163.670 Using child in display of sexually explicit conduct. (1) A person commits the crime of using a child in a display of sexually explicit conduct if the person
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(a) Employs, authorizes, permits, compels or induces a child to participate or engage in sexually explicit conduct for any person to observe or to record in a visual recording; or (b) Knowingly records in a visual recording a child participating or engaging in sexually explicit c…
ORS 163.672 [1991 c.664 §2; repealed by 1995 c.768 §16]
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[Repealed or reserved.]
ORS 163.673 [1987 c.864 §4; 1991 c.664 §6; repealed by 1995 c.768 §16]
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[Repealed or reserved.]
ORS 163.675 [1985 c.557 §4; repealed by 1987 c.864 §15]
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[Repealed or reserved.]
ORS 163.676 Exemption from prosecution under ORS 163.684. (1) No employee is liable to prosecution under ORS 163.684 or under any city or home rule county ordinance for exhibiting or possessing with intent to exhibit any obscene matter or performance provided the employee is acting within the scope of regular employment at a showing open to the public
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(2) As used in this section, “employee” means any person regularly employed by the owner or operator of a motion picture theater if the person has no financial interest other than salary or wages in the ownership or operation of the motion picture theater, no financial interest i…
ORS 163.677 [1987 c.864 §5; 1991 c.664 §7; repealed by 1995 c.768 §16]
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[Repealed or reserved.]
ORS 163.680 [1985 c.557 §5; 1987 c.158 §26; 1987 c.864 §9; 1991 c.664 §8; repealed by 1995 c.768 §16]
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[Repealed or reserved.]
ORS 163.682 Exceptions to ORS 163.665 to 163.693. The provisions of ORS 163.665 to 163.693 do not apply to
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(1) Any legitimate medical procedure performed by or under the direction of a person licensed to provide medical services for the purpose of medical diagnosis or treatment, including the recording of medical procedures; (2) Any activity undertaken in the course of bona fide law e…
ORS 163.683 [1987 c.864 §11; repealed by 1991 c.664 §12]
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[Repealed or reserved.]
ORS 163.684 Encouraging child sexual abuse in the first degree. (1) A person commits the crime of encouraging child sexual abuse in the first degree if the person
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(a)(A) Knowingly develops, duplicates, publishes, prints, disseminates, exchanges, displays, finances, attempts to finance or sells a visual recording of sexually explicit conduct involving a child or knowingly possesses, accesses or views such a visual recording with the intent …
ORS 163.685 [1985 c.557 §6; 1987 c.864 §12; repealed by 1991 c.664 §12]
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[Repealed or reserved.]
ORS 163.686 Encouraging child sexual abuse in the second degree. (1) A person commits the crime of encouraging child sexual abuse in the second degree if the person
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(a)(A)(i) Knowingly possesses or controls, or knowingly accesses with the intent to view, a visual recording of sexually explicit conduct involving a child for the purpose of arousing or satisfying the sexual desires of the person or another person; or (ii) Knowingly pays, exchan…
ORS 163.687 Encouraging child sexual abuse in the third degree. (1) A person commits the crime of encouraging child sexual abuse in the third degree if the person
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(a)(A)(i) Knowingly possesses or controls, or knowingly accesses with the intent to view, a visual recording of sexually explicit conduct involving a child for the purpose of arousing or satisfying the sexual desires of the person or another person; or (ii) Knowingly pays, exchan…
ORS 163.688 Possession of materials depicting sexually explicit conduct of a child in the first degree. (1) A person commits the crime of possession of materials depicting sexually explicit conduct of a child in the first degree if the person
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(a) Knowingly possesses, accesses or views a visual depiction of sexually explicit conduct involving a child or a visual depiction of sexually explicit conduct that appears to involve a child; and (b) Uses the visual depiction to induce a child to participate or engage in sexuall…
ORS 163.689 Possession of materials depicting sexually explicit conduct of a child in the second degree. (1) A person commits the crime of possession of materials depicting sexually explicit conduct of a child in the second degree if the person
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(a) Knowingly possesses, accesses or views a visual depiction of sexually explicit conduct involving a child or a visual depiction of sexually explicit conduct that appears to involve a child; and (b) Intends to use the visual depiction to induce a child to participate or engage …
ORS 163.690 Lack of knowledge of age of child as affirmative defense. It is an affirmative defense to any prosecution under ORS 163.684, 163.686, 163.687 or 163.693 that the defendant, at the time of engaging in the conduct prohibited therein, did not know and did not have reason to know that the relevant sexually explicit conduct involved a child. [1985 c.557 §7; 1987 c.864 §13; 1991 c.664 §9; 1995 c.768 §7]
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[Repealed or reserved.]
ORS 163.693 Failure to report child pornography. (1) As used in this section
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(a) “Computer technician” means a person who repairs, installs or otherwise services a computer, computer network or computer system for compensation. (b) “Processor of photographic images” means a person who develops, processes, reproduces, transfers, edits or enhances photograp…
ORS 163.695 [1987 c.864 §8; 1991 c.664 §11; 1995 c.768 §7; repealed by 2001 c.666 §56]
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[Repealed or reserved.]
ORS 163.696 [2001 c.666 §49; repealed by 2005 c.830 §48]
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INVASION OF PRIVACY
ORS 163.700 Invasion of personal privacy in the second degree. (1) Except as provided in ORS 163.702, a person commits the crime of invasion of personal privacy in the second degree if
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(a)(A) For the purpose of arousing or gratifying the sexual desire of the person, the person is in a location to observe another person in a state of nudity without the consent of the other person; and (B) The other person is in a place and circumstances where the person has a re…
ORS 163.701 Invasion of personal privacy in the first degree. (1) Except as provided in ORS 163.702, a person commits the crime of invasion of personal privacy in the first degree if
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(a)(A) The person knowingly makes or records a photograph, motion picture, videotape or other visual recording of another person in a state of nudity without the consent of the other person; and (B) At the time the visual recording is made or recorded the person being recorded is…
ORS 163.702 Exceptions to ORS 163.700 and 163.701. (1) The provisions of ORS 163.700 and 163.701 do not apply to
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(a) Any legitimate medical procedure performed by or under the direction of a person licensed to provide medical service for the purpose of medical diagnosis, treatment, education or research, including, but not limited to, the recording of medical procedures; and (b) Any activit…
ORS 163.705 Polygraph examination of victims in certain criminal cases prohibited. No district attorney or other law enforcement officer or investigator involved in the investigation or prosecution of crimes, or any employee thereof, shall require any complaining witness in a case involving the use of force, violence, duress, menace or threat of physical injury in the commission of any sex crime under ORS 163.305 to 163.575, to submit to a polygraph examination as a prerequisite to filing an accusatory pleading. [1981 c.877 §1]
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[Repealed or reserved.]
ORS 163.707 Forfeiture of motor vehicle used in drive-by shooting. (1) A motor vehicle used by the owner in a drive-by shooting is subject to civil in rem forfeiture
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(2) Seizure and forfeiture proceedings under this section shall be conducted in accordance with ORS chapter 131A. (3) As used in this section, “drive-by shooting” means discharge of a firearm from a motor vehicle while committing or attempting to commit: (a) Aggravated murder und…
ORS 163.709 Unlawful directing of light from a laser pointer. (1) A person commits the offense of unlawful directing of light from a laser pointer if the person knowingly directs light from a laser pointer at another person without the consent of the other person and the other person is
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(a) A peace officer as defined in ORS 161.015 who is acting in the course of official duty; or (b) A uniformed private security professional as defined in ORS 181A.840 who is on duty. (2) The offense described in this section, unlawful directing of light from a laser pointer, is …
ORS 163.715 Unlawful use of a global positioning system device. (1) A person commits the crime of unlawful use of a global positioning system device if the person knowingly affixes a global positioning system device to a motor vehicle without consent of the owner of the motor vehicle
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(2)(a) Except as provided in paragraph (b) of this subsection, unlawful use of a global positioning system device is a Class A misdemeanor. (b) Unlawful use of a global positioning system device is a Class C felony if, at the time of the offense, the person: (A) Has been previous…
ORS 163.720 Unlawful disclosure of private information. (1) A person commits the crime of unlawful disclosure of private information if
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(a) The person, with the intent to stalk or injure another person, or to cause damage to another person’s property, knowingly causes the other person’s personal information to be disclosed; (b) The person knows or reasonably should have known that the other person did not consent…
ORS 163.730 Definitions for ORS 30.866 and 163.730 to 163.750. As used in ORS 30.866 and 163.730 to 163.750, unless the context requires otherwise
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(1) “Alarm” means to cause apprehension or fear resulting from the perception of danger. (2) “Coerce” means to restrain, compel or dominate by force or threat. (3) “Contact” includes but is not limited to: (a) Coming into the visual or physical presence of the other person; (b) F…
ORS 163.732 Stalking. (1) A person commits the crime of stalking if
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(a) The person knowingly alarms or coerces another person or a member of that person’s immediate family or household by engaging in repeated and unwanted contact with the other person; (b) It is objectively reasonable for a person in the victim’s situation to have been alarmed or…
ORS 163.735 Citation; form. (1) Upon a complaint initiated as provided in ORS 163.744, a law enforcement officer shall issue a citation ordering the person to appear in court within three judicial days and show cause why the court should not enter a court’s stalking protective order when the officer has probable cause to believe that
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(a) The person intentionally, knowingly or recklessly engages in repeated and unwanted contact with the other person or a member of that person’s immediate family or household thereby alarming or coercing the other person; (b) It is objectively reasonable for a person in the vict…
ORS 163.738 Effect of citation; contents; hearing; court’s order; use of statements made at hearing. (1)(a) A citation shall notify the respondent of a circuit court hearing where the respondent shall appear at the place and time set forth in the citation. The citation shall contain
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(A) The name of the court at which the respondent is to appear; (B) The name of the respondent; (C) A copy of the stalking complaint; (D) The date, time and place at which the citation was issued; (E) The name of the law enforcement officer who issued the citation; (F) The time, …
ORS 163.741 Service of stalking protective order; entry of order into law enforcement data systems. (1) Service of a stalking protective order shall be made by personal delivery of a copy of the order to the respondent. The respondent need not be served if an order of the court indicates that the respondent appeared in person before the court
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(2) Whenever a stalking protective order, as authorized by ORS 163.735 or 163.738, is served on a respondent, the person serving the order shall immediately deliver to the county sheriff a true copy of proof of service, on which it is stated that personal service of the order was…
ORS 163.744 Initiation of action seeking citation; complaint form. (1) A person may initiate an action seeking a citation under ORS 163.735 by presenting a complaint to a law enforcement officer or to any law enforcement agency. The complaint shall be a statement setting forth with particularity the conduct that is the basis for the complaint. The petitioner must affirm the truth of the facts in the complaint
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(2) The Department of State Police shall develop and distribute the form of the complaint. The form shall include the standards for reviewing the complaint and for action. The form shall be uniform throughout the state and shall include substantially the following material: _____…
ORS 163.747 [1993 c.626 §7; repealed by 1995 c.353 §10]
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[Repealed or reserved.]
ORS 163.750 Violating a court’s stalking protective order. (1) A person commits the crime of violating a court’s stalking protective order if
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(a) The person has been served with a court’s stalking protective order as provided in ORS 30.866 or 163.738, or service was waived under ORS 163.741 because the person appeared before the court; (b) The person, subsequent to the service of the order or the waiver of service, has…
ORS 163.753 Immunity of officer acting in good faith. A law enforcement officer acting in good faith shall not be liable in any civil action for issuing or not issuing a citation under ORS 163.735. [1993 c.626 §11; 1995 c.353 §9]
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Note: See note under 163.730.
ORS 163.755 Conduct for which stalking protective order may not be issued. (1) Nothing in ORS 30.866 or 163.730 to 163.750 shall be construed to permit the issuance of a court’s stalking protective order under ORS 30.866 or 163.738, the issuance of a citation under ORS 163.735, a criminal prosecution under ORS 163.732 or a civil action under ORS 30.866
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(a) For conduct that is authorized or protected by the labor laws of this state or of the United States. (b) By or on behalf of a person who is in the legal or physical custody of a law enforcement unit or is in custody under ORS chapter 419C. (c) By or on behalf of a person not …
ORS 163.760 Definitions for ORS 163.760 to 163.777. As used in ORS 163.760 to 163.777
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(1) “Declaration under penalty of perjury,” “family or household members,” “interfere,” “intimidate,” “menace” and “molest” have the meanings given those terms in ORS 107.705. (2) “Sexual abuse” means sexual contact with: (a) A person who does not consent to the sexual contact; o…
ORS 163.763 Petition to circuit court for relief; burden of proof. (1) A person who has been subjected to sexual abuse and who reasonably fears for the person’s physical safety may petition the circuit court for a restraining order if
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(a) The person and the respondent are not family or household members; (b) The respondent is at least 18 years of age; and (c) The respondent is not prohibited from contacting the person pursuant to a foreign restraining order as defined in ORS 24.190, an order issued under ORS 3…
ORS 163.765 Restraining order; service of order; request for hearing; duration of order. (1) When a petition is filed in accordance with ORS 163.763, the circuit court shall hold an ex parte hearing in person or by telephone on the day the petition is filed or on the following judicial day. Upon a finding that it is objectively reasonable for a person in the petitioner’s situation to fear for the person’s physical safety if an order granting relief under ORS 163.760 to 163.777 is not entered and that the respondent has subjected the petitioner to sexual abuse, the circuit court
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(a) Shall enter an order restraining the respondent from contacting the petitioner and from intimidating, molesting, interfering with or menacing the petitioner, or attempting to intimidate, molest, interfere with or menace the petitioner. (b) If the petitioner requests, may orde…
ORS 163.767 Hearing; order; certificate of compliance; consent agreement. (1) If the respondent requests a hearing under ORS 163.765 (6), the circuit court shall hold the hearing within 21 days after the request. At the hearing, the circuit court may terminate or modify the restraining order issued under ORS 163.765
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(2)(a) If service of a notice of hearing is inadequate to provide a party with sufficient notice of the hearing, the circuit court may extend the date of the hearing for up to five days so that the party may seek representation. (b) If one party is represented by an attorney at t…
ORS 163.770 Appearance by telephone or electronic communication device. (1) A party may file a motion under ORS 45.400 requesting that the circuit court allow the appearance of the party or a witness by telephone or by other two-way electronic communication device in a proceeding under ORS 163.760 to 163.777
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(2) In determining whether notice is given sufficiently in advance of the proceeding under ORS 45.400 (2), the circuit court shall consider the expedited nature of a proceeding under ORS 163.760 to 163.777. (3) In addition to the factors listed in ORS 45.400 (3)(b) that would sup…
ORS 163.773 Enforcement of restraining order; service by sheriff; termination order; contempt proceeding. (1)(a) When a restraining order is issued in accordance with ORS 163.760 to 163.777 and the person to be restrained has actual notice of the restraining order, the clerk of the court or any other person serving the petition and the restraining order shall immediately deliver to a county sheriff copies of the petition and the restraining order and a true copy of proof of service on which it is stated that the petition and the restraining order were served personally on the respondent. If alternative service is ordered by the court, the person performing service shall instead immediately deliver to the county sheriff copies of the petition, the restraining order and, if applicable, the summons, and a true copy of proof of service on which it is stated that alternative service was completed in accordance with ORCP 7 D(6). Proof of service may be made by affidavit or by declaration under penalty of perjury. If a restraining order entered by the circuit court recites that the respondent appeared in person before the court, the necessity for service of the restraining order and proof of service is waived
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(b) Upon receipt of a copy of the restraining order and notice of completion of any required service by a member of a law enforcement agency, the county sheriff shall immediately enter the restraining order into the Law Enforcement Data System maintained by the Department of Stat…
ORS 163.775 Renewal and modification of restraining order. (1)(a) A circuit court may renew a restraining order entered under ORS 163.760 to 163.777 upon a finding that it is objectively reasonable for a person in the petitioner’s situation to fear for the person’s physical safety if the restraining order is not renewed. A finding that the respondent has subjected the petitioner to additional sexual abuse is not required
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(b) A circuit court may renew a restraining order on the basis of an ex parte petition alleging facts supporting the required finding. The petition must include allegations made under oath or affirmation or a declaration under penalty of perjury. If the renewal order is granted, …
ORS 163.777 Fees or undertaking may not be required; forms and brochures. (1)(a) A filing fee, service fee or hearing fee may not be charged for proceedings seeking only the relief provided under ORS 163.760 to 163.777
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(b) An undertaking may not be required in any proceeding under ORS 163.760 to 163.777. (2) A proceeding under ORS 163.760 to 163.777 is in addition to any other available civil or criminal remedies. (3)(a) The State Court Administrator shall produce: (A) The forms for petitions a…