(1) it's a defense to prosecution if suspect was less than three (3) years older than the victim at time of alleged offense & the victim's lack of consent was due only to the incapacity to consent by reason of being less than a specified age for prosecution of:

• 163.355 (rape 3)

• 163.365 (rape 2)

• 163.385 (sodomy 3)

• 163.395 (sodomy 2)

• 163.415 (sexual abuse 3)

• 163.425 (sexual abuse 2)

• 163.427 (sexual abuse 1)

• 163.435 (contributing to the sexual delinquency of a minor)

• 163.408 (unlawful sexual penetration 2) when the object used was any part of the suspect's hand

• 163.445 (sexual misconduct) if victim was >= 15 years of age at the time of crime

(1) the suspect is older than 18:

(a) male: engages in sexual intercourse with a female < 18; OR

(b) female, engages in sexual intercourse with a male < 18 OR

(c) engages in oral intercourse or anal intercourse with another who's < 18 or causes them to engage in oral intercourse or anal intercourse

• 163.345 (age defense) applies

• 163.325 (ignorance or mistake as a defense) applies

In any prosecution under 167.075 (exhibiting an obscene performance to a minor) & 167.080 (displaying obscene materials to minors), it is an affirmative defense for the defendant to prove that:

(1) they were in a parental or guardianship relationship with the minor

(2) they were a bona fide school, museum or public library, or were acting in the course of employment as an employee of such organization or of a retail outlet affiliated with & serving the educational purpose of such organization

(3) they were charged with furnishing, showing, exhibiting or displaying an item, those portions of which might otherwise be contraband forming merely an incidental part of an otherwise non-offending whole, and serving some purpose therein other than titillation OR

(4) they had reasonable cause to believe that the person involved was not a minor

(1) being the owner, operator or manager of a business or acting in a managerial capacity, the suspect knowingly or recklessly permits a minor who isn't accompanied by their parent or lawful guardian to enter or remain on the premises, if in the part of the premises where the minor is permitted to be, there is visibly displayed:

(a) any picture, photograph, drawing, sculpture or other visual representation or image of a person or portion of the human body that depicts nudity, sexual conduct, sexual excitement or sadomasochistic abuse OR

(b) any book, magazine, paperback, pamphlet or other written or printed matter, however reproduced, that reveals a person or portion of the human body that depicts nudity, sexual conduct, sexual excitement or sadomasochistic abuse.

(1) the suspect:

(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

• knowingly possesses, accesses or views such a visual recording with the intent to develop, duplicate, publish, print, disseminate, exchange, display or sell it OR

(B) knowingly brings into Oregon, or causes to be brought or sent into this state, for sale or distribution, a visual recording of sexually explicit conduct involving a child AND

(b) knows or is aware of & consciously disregards the fact that creation of the visual recording of sexually explicit conduct involved child abuse.

See 163.676 (exemption from prosecution under ors 163.684) regarding exemptions to prosecution under this statute

(1) the suspect:

(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 their or another's sexual desires OR

(ii) knowingly pays, exchanges or gives anything of value to obtain or view a visual recording of sexually explicit conduct involving a child for the purpose of arousing or satisfying the their or another's sexual desires AND

(B) knows or is aware of & consciously disregards the fact that the creation of the visual recording of sexually explicit conduct involved child abuse OR

(b)(A) knowingly pays, exchanges or gives anything of value to observe sexually explicit conduct by a child or knowingly observes, for the purpose of arousing or gratifying their sexual desire sexually explicit conduct by a child AND

(B) knows or is aware of & consciously disregards the fact that the conduct constitutes child abuse

(1) the suspect:

(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 their or another's sexual desires OR

(ii) knowingly pays, exchanges or gives anything of value to obtain or view a visual recording of sexually explicit conduct involving a child for the purpose of arousing or satisfying the their or another's sexual desires AND

(B) knows or fails to be aware of a substantial & unjustifiable risk that the creation of the visual recording of sexually explicit conduct involved child abuse OR

(b)(A) knowingly pays, exchanges or gives anything of value to observe sexually explicit conduct by a child or knowingly observes, for the purpose of arousing or gratifying their sexual desire sexually explicit conduct by a child AND

(B) knows or fails to be aware of a substantial and unjustifiable risk that the conduct constitutes child abuse

(1) no employee is liable to prosecution under 163.684 (encouraging child sexual abuse 1) 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

(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 in or control over the selection of the motion pictures shown in the theater, and is working within the motion picture theater where the person is regularly employed, but does not include a manager of the motion picture theater

(1) if a minor is unaccompanied by the parent or lawful guardian of the minor, & for a monetary consideration or other valuable commodity or service, the suspect knowingly or recklessly:

(a) exhibits an obscene performance to the minor OR

(b) sells an admission ticket or other means to gain entrance to an obscene performance to the minor OR

(c) permits the admission of the minor to premises whereon there is exhibited an obscene performance.

(2) no employee is liable to prosecution under this section or under any city or home-rule county ordinance for exhibiting or possessing with intent to exhibit any obscene motion picture provided the employee is acting within the scope of regular employment at a showing open to the public

(3) 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 in or control over the selection of the motion pictures shown in the theater, & is working within the motion picture theater where the person is regularly employed, but does not include a manager of the motion picture theater

(1)(a) Computer technician is a person who repairs, installs or otherwise services a computer, computer network or computer system for compensation

(b) Processor of photographic images is 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 they have observed a visual recording of a child involved in sexually explicit conduct will, if known, report the name and address,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 Cyber Tip line 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 person making the report is located at the time the visual recording 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) except for willful or wanton misconduct, any person, their employer or a 3rd party complying with this section in good faith will be immune from civil or criminal liability in connection with making the report

It is an affirmative defense to any prosecution under Encouraging child sexual 1, 2, 2 or 163.693 (failure to report child pornography) that the defendant, at the time of engaging in the prohibited conduct, didn't know & didn't have reason to know that the relevant sexually explicit conduct involved a child

(1) furnishes to or uses with a minor, a police officer posing as a minor or an agent of a police officer posing as minor, a visual representation, 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) it's not a violation if the sexual content merely forms an incidental part of an otherwise non-offending whole & serves some purpose other than titillation

(1) violates 163.432 (online sexual corruption of a child 2) & intentionally takes a substantial step toward physically meeting with or encountering the child

• 163.325 (ignorance or mistake as a defense) applies

(1) suspect is 18 or older AND

(a) for the purpose of arousing or gratifying their or another's sexual desire, knowingly uses online communication to solicit a child to engage in sexual contact or sexually explicit conduct AND

(b) offers or agrees to physically meet with the child

• 163.325 (ignorance or mistake as a defense) applies

(1)(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 sexually explicit conduct

(1)(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 in sexually explicit conduct

(1) F(c): pays, offers or agrees to pay a fee to engage in sexual intercourse or sexual contact with a minor, a police officer posing as minor or an agent of a police officer posing as a minor

(2) suspect is 18 or older AND

(a) if having no prior conviction for this section at the time of the offense, the suspect may use 163.325 (ignorance or mistake as a defense) if the age of minor, or the age reported to the suspect by the police officer or agent of the police officer posing as a minor is 16 or older

(b) F(b): prior convictions under this section at the time of the offense

• 163.325 (ignorance or mistake as a defense) applies

(1) sexual intercourse & victim is under 14

• 163.345 (age defense) applies

(1) sexual intercourse & the victim is under 16

• 163.345 (age defense) applies

• 163.325 (ignorance or mistake as a defense) applies

(1) sexual intercourse, oral intercourse or anal intercourse with an unmarried person under 18

• 163.345 (age defense) applies if victim 15 & older

• 163.325 (ignorance or mistake as a defense) applies

(1) engages in oral intercourse or anal intercourse with the victim or causes victim to engage in oral intercourse or anal intercourse & the victim is under 14

• 163.345 (age defense) applies

(1) engages in oral intercourse or anal intercourse with another person under 16 or causes that victim to engage in oral intercourse or anal intercourse

• 163.345 (age defense) applies

(1) penetrates the penis, anus, or vagina of the victim with an object other than penis or mouth AND

(a) the victim is subject to forcible compulsion

(b) victim is under 12 OR

(c) the victim is incapable of consent by reason of mental incapacitation, physical helplessness or incapability of appraising the nature of the victim's conduct.

• 163.325 (ignorance or mistake as a defense) applies

(1) penetrates the victim's penis, anus or vagina with other than penis or mouth & the victim is under 14

• 163.345 (age defense) applies if only hand is used

• 163.325 (ignorance or mistake as a defense) applies

(1) the suspect employs, authorizes, permits, compels or induces a child to participate or engage in sexually explicit conduct for anyone to observe or to record in a visual recording