Bill Text: OR HB3501 | 2013 | Regular Session | Introduced

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Bill Title: Relating to crime; declaring an emergency.

Spectrum: Bipartisan Bill

Status: (Failed) 2013-07-08 - In committee upon adjournment. [HB3501 Detail]

Download: Oregon-2013-HB3501-Introduced.html

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     77th OREGON LEGISLATIVE ASSEMBLY--2013 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 3925

                         House Bill 3501

Sponsored by Representative CONGER

                             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 exploitation of a child. Punishes by maximum
of one year's imprisonment, $6,250 fine, or both. Punishes by
maximum of six months' imprisonment, $2,500 fine, or both if
defense established. Adds distributing visual recording of person
under 18 years of age to crime of harassment.
  Declares emergency, effective on passage.

                        A BILL FOR AN ACT
Relating to crime; creating new provisions; amending ORS 166.065;
  and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + Section 2 of this 2013 Act is added to and made
a part of ORS 163.665 to 163.693. + }
  SECTION 2.  { + (1) A person commits the crime of exploitation
of a child if the person employs, authorizes, permits, compels or
induces a child within three years of age of the person to
participate or engage in sexually explicit conduct for any person
to observe or to record in a visual recording.
  (2) Exploitation of a child is a Class A misdemeanor.
  (3) Notwithstanding subsection (2) of this section,
exploitation of a child is a Class B misdemeanor if the defendant
establishes the following affirmative defense:
  (a) The victim was 12 years of age or older at the time of the
offense;
  (b) The defendant does not have a prior conviction for
exploitation of a child or for a sex crime as defined in ORS
181.594;
  (c) The defendant has not been found to be within the
jurisdiction of a juvenile court for an act which, if committed
by an adult, would constitute a felony sex crime as defined in
ORS 181.594;
  (d) The offense did not involve sexual contact with any minor
other than the victim;
  (e) The victim knowingly and voluntarily permitted the sexually
explicit conduct to be observed or recorded; and
  (f) The victim knowingly and voluntarily participated or
engaged in the sexually explicit conduct at the time it was being
observed or recorded. + }
  SECTION 3. ORS 166.065 is amended to read:
  166.065. (1) A person commits the crime of harassment if the
person intentionally:
  (a) Harasses or annoys another person by:
  (A) Subjecting such other person to offensive physical contact;
 { - or - }
  (B) Publicly insulting such other person by abusive words or
gestures in a manner intended and likely to provoke a violent
response; { +  or
  (C) Distributing a visual recording of the other person engaged
in sexually explicit conduct, as those terms are defined in ORS
163.665, or in a state of nudity, as defined in ORS 163.700, when
the other person is under 18 years of age at the time of the
recording; + }
  (b) Subjects another to alarm by conveying a false report,
known by the conveyor to be false, concerning death or serious
physical injury to a person, which report reasonably would be
expected to cause alarm; or
  (c) Subjects another to alarm by conveying a telephonic,
electronic or written threat to inflict serious physical injury
on that person or to commit a felony involving the person or
property of that person or any member of that person's family,
which threat reasonably would be expected to cause alarm.
  (2)(a) A person is criminally liable for harassment if the
person knowingly permits any telephone or electronic device under
the person's control to be used in violation of subsection (1) of
this section.
  (b) Harassment that is committed under the circumstances
described in subsection (1)(c) of this section is committed in
either the county in which the communication originated or the
county in which the communication was received.
  (3) Harassment is a Class B misdemeanor.
  (4) Notwithstanding subsection (3) of this section, harassment
is a Class A misdemeanor if a person violates:
  (a) Subsection (1)(a)(A) of this section by subjecting another
person to offensive physical contact and the offensive physical
contact consists of touching the sexual or other intimate parts
of the other person;   { - or - }
   { +  (b) Subsection (1)(a)(C) of this section; or + }
    { - (b) - }  { +  (c) + } Subsection (1)(c) of this section
and:
  (A) The person has a previous conviction under subsection
(1)(c) of this section and the victim of the current offense was
the victim or a member of the family of the victim of the
previous offense;
  (B) At the time the offense was committed, the victim was
protected by a stalking protective order, a restraining order as
defined in ORS 24.190 or any other court order prohibiting the
person from contacting the victim;
  (C) At the time the offense was committed, the person
reasonably believed the victim to be under 18 years of age and
more than three years younger than the person; or
  (D)(i) The person conveyed a threat to kill the other person or
any member of the family of the other person;
  (ii) The person expressed the intent to carry out the threat;
and
  (iii) A reasonable person would believe that the threat was
likely to be followed by action.
   { +  (5) It is not a defense to a charge under subsection
(1)(a)(C) of this section that the defendant did not know the age
of the victim. + }
    { - (5) - }  { +  (6) + } As used in this section,
'electronic threat ' means a threat conveyed by electronic mail,
the Internet, a telephone text message or any other transmission
of information by wire, radio, optical cable, cellular system,
electromagnetic system or other similar means.
  SECTION 4.  { + This 2013 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency

is declared to exist, and this 2013 Act takes effect on its
passage. + }
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