Bill Text: OR HB2463 | 2011 | Regular Session | Enrolled
Bill Title: Relating to reporting child pornography.
Spectrum: Moderate Partisan Bill (Democrat 4-1)
Status: (Passed) 2011-05-19 - Chapter 109, (2011 Laws): Effective date January 1, 2012. [HB2463 Detail]
Download: Oregon-2011-HB2463-Enrolled.html
76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session
Enrolled
House Bill 2463
Sponsored by Representative GELSER; Representatives BARKER,
OLSON, Senators MONNES ANDERSON, VERGER (at the request of
Oregon Telecommunications Association) (Presession filed.)
CHAPTER ................
AN ACT
Relating to reporting child pornography; amending ORS 163.693.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 163.693 is amended to read:
163.693. { - (1) A person commits the crime of failure to
report child pornography if the person, in the course of
processing or producing a photograph, motion picture, videotape
or other visual recording, either commercially or privately, has
reasonable cause to believe that the visual recording being
processed or produced, or submitted for processing or production,
depicts sexually explicit conduct involving a child and fails to
report that fact to the appropriate law enforcement agency. - }
{ - (2) Failure to report child pornography is a Class A
misdemeanor. - }
{ + (1) As used in this section:
(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
photographic film into negatives, slides, prints, movies, digital
images or video.
(2) A processor of photographic images or a computer technician
who reasonably believes the processor or technician has observed
an image of a child involved in sexually explicit conduct shall
report the name and address, if known, of the person requesting
the processing or of the owner or person in possession of the
computer, computer network or computer system to:
(a) The CyberTipline at the National Center for Missing and
Exploited children;
(b) The local office of the Department of Human Services; or
(c) A law enforcement agency within the county where the
processor or technician making the report is located at the time
the image is observed.
(3) Nothing in this section requires a processor of
photographic images or a computer technician to monitor any user,
subscriber or customer or to search for prohibited materials or
media.
(4) Any person, their employer or a third party complying with
this section in good faith shall be immune from civil or criminal
Enrolled House Bill 2463 (HB 2463-A) Page 1
liability in connection with making the report, except for
willful or wanton misconduct.
(5) A person commits the crime of failure to report child
pornography if the person violates the provisions of this
section.
(6) Failure to report child pornography is a Class A
misdemeanor. + }
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Passed by House March 15, 2011
.............................................................
Ramona Kenady Line, Chief Clerk of House
.............................................................
Bruce Hanna, Speaker of House
.............................................................
Arnie Roblan, Speaker of House
Passed by Senate May 9, 2011
.............................................................
Peter Courtney, President of Senate
Enrolled House Bill 2463 (HB 2463-A) Page 2
Received by Governor:
......M.,............., 2011
Approved:
......M.,............., 2011
.............................................................
John Kitzhaber, Governor
Filed in Office of Secretary of State:
......M.,............., 2011
.............................................................
Kate Brown, Secretary of State
Enrolled House Bill 2463 (HB 2463-A) Page 3
