2015 ORS 167.057¹
Luring a minor

(1) A person commits the crime of luring a minor if the person furnishes to, or uses with, a minor, a police officer posing as a minor or an agent of a police officer posing as a minor, a visual representation or explicit verbal description or narrative account of sexual conduct for the purpose of inducing the minor or purported minor to engage in sexual conduct.

(2) A person is not liable to prosecution for violating subsection (1) of this section if the person furnishes or uses a representation, description or account of sexual conduct that forms merely an incidental part of an otherwise nonoffending whole and serves some purpose other than titillation.

(3) In a prosecution under subsection (1) of this section, it is an affirmative defense:

(a) That the representation, description or account was furnished or used for the purpose of psychological or medical treatment and was furnished by a treatment provider or by another person acting on behalf of the treatment provider;

(b) That the defendant had reasonable cause to believe that the person to whom the representation, description or account was furnished or with whom the representation, description or account was used was not a minor; or

(c) That the defendant was less than three years older than the minor or, in the case of a police officer or agent of a police officer posing as a minor, the age of the purported minor as reported to the defendant at the time of the alleged offense.

(4) Luring a minor is a Class C felony.

(5)(a) The court may designate luring a minor as a sex crime under ORS 163A.005 (Definitions for ORS 163A.005 to 163A.235) if the court determines that:

(A) The offender reasonably believed the minor or, in the case of a police officer or agent of a police officer posing as a minor, the purported minor to be more than five years younger than the offender or under 16 years of age; and

(B) Given the nature of the offense, the age of the minor or purported minor as reported to the defendant and the person’s criminal history, designation of the offense as a sex crime is necessary for the safety of the community.

(b) The court shall indicate the designation and the findings supporting the designation in the judgment.

(6) As used in this section, "police officer" has the meaning given that term in ORS 181A.355 (Definitions for ORS 181A.355 to 181A.670). [2007 c.869 §3; 2011 c.681 §2; 2013 c.293 §1; 2015 c.101 §1]

Note: See note under 167.051 (Definitions for ORS 167.057).

Notes of Decisions

2010 version of this pro­vi­sion is overbroad and violative of First Amend­ment. Powell's Books, Inc. v. Kroger, 622 F3d 1202 (9th Cir. 2010)

Where defendant sent victim text message stating defendant wished to "bang" victim, defendant's text was ex­plic­it verbal descrip­tion of sexual con­duct for purposes of this sec­tion because text included ex­plic­it identifica­tion of sexual con­duct that intended to bring graphic sexual image to mind of recipient. State v. King, 278 Or App 65, 373 P3d 1205 (2016)

Chapter 167

Atty. Gen. Opinions

Exemp­tion of nuisance laws from constitu­tional require­ment for pay­ments based on govern­ment regula­tions restricting use of prop­erty, (2001) Vol 49, p 284

Law Review Cita­tions

51 OLR 427-637 (1972)

  • Anime News Network, Sep 21, 2010
    “The U.S. Court of Appeals for the Ninth Circuit, which represents the western region of the country, has struck down two Oregon laws on the furnishing of obscenity to mi­nors on Monday.”

1 Legislative Counsel Committee, CHAPTER 167—Offenses Against General Welfare and Animals, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors167.­html (2015) (last ac­cessed Jul. 16, 2016).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2015, Chapter 167, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano167.­html (2015) (last ac­cessed Jul. 16, 2016).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.