Bill Text: OR HB3239 | 2011 | Regular Session | Enrolled
Bill Title: Relating to sexual assault of animals.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Passed) 2011-06-28 - Chapter 531, (2011 Laws): Effective date January 1, 2012. [HB3239 Detail]
Download: Oregon-2011-HB3239-Enrolled.html
76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session
Enrolled
House Bill 3239
Sponsored by Representative BARKER
CHAPTER ................
AN ACT
Relating to sexual assault of animals; creating new provisions;
and amending ORS 181.594.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 181.594 is amended to read:
181.594. As used in this section and ORS 181.595, 181.596,
181.597, 181.603, 181.826, 181.830 and 181.833:
(1) 'Another United States court' means a federal court, a
military court, the tribal court of a federally recognized Indian
tribe or a court of:
(a) A state other than Oregon;
(b) The District of Columbia;
(c) The Commonwealth of Puerto Rico;
(d) Guam;
(e) American Samoa;
(f) The Commonwealth of the Northern Mariana Islands; or
(g) The United States Virgin Islands.
(2) 'Attends' means is enrolled on a full-time or part-time
basis.
(3)(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.
(4) 'Institution of higher education' means a public or private
educational institution that provides a program of post-secondary
education.
(5) '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;
Enrolled House Bill 3239 (HB 3239-A) Page 1
(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 if the
offender reasonably believed the child to be more than five years
younger than the offender;
{ + (r) Sexual assault of an animal; + }
{ - (r) - } { + (s) + } Any attempt to commit any of the
crimes set forth in paragraphs (a) to { - (q) - } { + (r) + }
of this subsection;
{ - (s) - } { + (t) + } Burglary, when committed with
intent to commit any of the offenses listed in paragraphs (a) to
{ - (q) - } { + (r) + } or { - (t) - } { + (u) + } of this
subsection; or
{ - (t) - } { + (u) + } Public indecency or private
indecency, if the person has a prior conviction for a crime
listed in this subsection.
(6) '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;
(d) Is paroled to this state under ORS 144.610 after being
convicted in another United States court of a crime that would
constitute a sex crime if committed in this state; or
(e) Is paroled to or otherwise placed in this state after
having been found by another United States court to have
committed an act while the person was under 18 years of age that
would constitute a sex crime if committed in this state by an
adult.
(7) '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 2. { + The amendments to ORS 181.594 by section 1 of
this 2011 Act apply only to persons convicted of a crime, or
adjudicated for an act, committed on or after the effective date
of this 2011 Act. + }
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Enrolled House Bill 3239 (HB 3239-A) Page 2
Passed by House April 27, 2011
Repassed by House June 15, 2011
.............................................................
Ramona Kenady Line, Chief Clerk of House
.............................................................
Bruce Hanna, Speaker of House
.............................................................
Arnie Roblan, Speaker of House
Passed by Senate June 13, 2011
.............................................................
Peter Courtney, President of Senate
Enrolled House Bill 3239 (HB 3239-A) Page 3
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 3239 (HB 3239-A) Page 4
