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SERVICES - Child Pornography, Molestation of a Child

CHILD PORNOGRAPHY, MOLESTATION OF A CHILD - OREGON

General Statement for Downloading/Possession of Child Pornography

You will most likely not be arrested immediately for possession or downloading of child pornography. Officers will acquire a search a warrant and seize computer equipment to analyze the contents. The case is then brought before a grand jury on charges of encouraging child sexual abuse. At that time you may be arrested on an indictment warrant.

Oregon Investigation of Child Pornography (from Oregon Revised Statute)

Law enforcement officers monitor file sharing sites. When they observe an IP address accessing child pornography, they contact / subpoena the internet service provider (ISP) to see which household uses that IP address. Once they determine who the address belongs to, they apply for a search warrant for the owner's computer and residence. If child porn is found on the computer, felony charges follow.

Other times, a person discovers child porn on a computer / hard drive of another and then contacts law enforcement. Law enforcement then obtains a warrant.

Online Sexual Corruption of a Child Charges

Oregon Revised Statute / Charge Offense Level How Committed Sentence Range
ORS 163.432 / Online Sexual Corruption of a Child, 2nd degree Class C felony A person is 18 years of age or older and:
  • For the purpose of arousing or gratifying of the sexual desire of the person or another person, knowingly uses an online communication to solicit a child to engage in sexual contact or sexually explicit conduct; and
  • Offers or agrees to physically meet with the child
From probation with jail - to possible prison term.
ORS 163.433 / Online Sexual Corruption of a Child, 1st degree Class B felony Measure 11 offense A person violates ORS 163.432 (above) and intentionally takes a substantial step toward physically meeting with or encountering the child Significant prison term

Contributing to the Sexual Delinquency of a Minor (ORS 163.433)

  • A person commits the crime of sexual delinquency of a minor if the person is 18 years of age or older and:
    • Being a male, he engages in sexual intercourse with a female under 18 years of age, or
    • Being a female, she engages in sexual intercourse with a male under 18 years of age; or
    • The person engages in deviate sexual intercourse with another person under 18 years of age or causes that person to engage in deviate sexual intercourse
  • Class A misdemeanor
  • Penalty: Probation and possible jail time
  • Ignorance of age is not a defense
  • Exception: Age Spread Defense
    • It may be a defense in some sex crimes where lack of consent is based solely on being under age, but the parties ages are within three years of each other

Encouraging Child Sexual Abuse Charges

Oregon Revised Statute / Charge Offense Level How Committed Sentence Range
ORS 163.684 / Encouraging Child Sexual Abuse, 1st degree Class B felony Measure 11 Offense If the person:
  • Knowingly develops, duplicates, publishes, prints, disseminates, exchanges, displays, finances, attempts to finance or sells any photograph, motion picture, videotape or other visual recording of sexual explicit conduct involving a child or possesses such matter with the intent to develop, duplicate, publish, print, disseminate, exchange, display or sell it; or
  • Knowingly brings into this state, or causes to be brought into this state, for sale or distribution, any photograph, motion picture, videotape or other visual recording of sexually explicit conduct involving a child; and
  • Knows or is aware of an consciously disregards the fact that creation of the visual recording of sexually explicit conduct involved child abuse
This offense is mot often seen when a person accesses / downloads child porn on the internet
Significant prison term
ORS 163.686 / Encouraging Child Sexual Abuse, 2nd degree Class C felony If the person:
  • Knowingly possess or controls any photograph, motion picture, video tape or other visual recording of sexually explicit conduct involving a child for the purpose of arousing or satisfying the sexual desires of the person or another person; or
  • Knowingly pays, exchanges or gives anything of value to obtain or view a photograph, motion picture, video tape or other visual recording of sexually explicit conduct involving a child for the purpose of arousing or satisfying the sexual desires of the person or another person; or
  • Knows or is aware of and consciously disregards the fact that creation of the visual recording of sexually explicit conduct involved child abuse; or
  • 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 the sexual desire of the person, sexually explicit conduct by a child; and
  • Knows or is aware of and consciously disregards the fact that the conduct constitutes child abuse
From Probation with jail - to possible prison term
ORS 163.687 / Encouraging Child Sexual Abuse, 3rd degree Class A misd. The person:
  • Knowingly possess or controls any photograph, motion picture, video tape or other visual recording of sexually explicit conduct involving a child for the purpose of arousing or satisfying the sexual desires of the person or another person; or
  • Knowingly pays, exchanges or gives anything of value to obtain or view a photograph, motion picture, video tape or other visual recording of sexually explicit conduct involving a child for the purpose of arousing or satisfying the sexual desires of the person or another person; or
  • Knows or fails to be aware of a substantial and unjustifiable risk that the creation of the visual recording of sexually explicit conduct involved child abuse; or
  • 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 the sexual desire of the person, sexually explicit conduct by a child; and
  • Knows are fails to be aware of a substantial and unjustifiable risk that the conduct constitutes child abuse
Probation and possible jail time

Possession of Materials Depicting Sexually Explicit Conduct of a Child

Oregon Revised Statute / Charge Offense Level How Committed Sentence Range
ORS 163.688 / Possession of Materials Depicting Sexually Explicit Conduct of a Child, 1st degree Class B felony Measure 11 Offense The person:
  • Knowingly possesses any visual depiction of sexually explicit conduct that appears to involve a child in the first degree; and
  • Uses the visual depiction to induce a child to participate or engage in sexually explicit conduct
Significant prison term
ORS 163.689 Class C felony The person:
  • Knowingly possesses any visual depiction of sexually explicit conduct that appears to involve a child in the first degree; and
  • Intends to use the visual depiction to induce a child to participate or engage in sexually explicit conduct
From probation with jail - to possible prison term

Failure to Report Child Pornography (ORS 163.693)

IMPORTANT: Cell Phones and Juveniles:

The Oregon Revised Statute provides the following note:

  • School age children commonly commit the crime of encouraging child sexual abuse and / or using a child in a display of sexually explicit conduct. Using cell phone cameras and other digital devices, children (persons under the age of 18) photograph one another in a state of undress or while engaged in sexual acts. The photographs are often shown (displayed) to other individuals over and over.
  • Using a child in a display of sexually explicit conduct is a Measure 11 Offense
    • Measure 11 pulls juvenile offenders (15-18 years of age) into adult court and conviction.
    • The mandatory minimum sentence for this offense is 5 years and 10 months
    • If the image or images are shown to multiple people or there are multiple images the offense is subject the sentencing scheme under Measure 73 and the mandatory minimum for this offense is 25 years even for a juvenile who has sent to a friend two text message images of herself in a state of undress.

 

CHILD PORNOGRAPHY, RAPE OF A CHILD, MOLESTATION OF A CHILD - WASHINGTON STATE

General Statement

Law enforcement officers monitor file sharing sites. When they observe an IP address accessing child pornography, they contact / subpoena the internet service provider (ISP) to see which household uses that IP address. Once they determine who the address belongs to, they apply for a search warrant for the owner's computer and residence. If child porn is found on the computer, felony charges follow.

Other times, a person discovers child porn on a computer / hard drive of another and then contacts law enforcement. Law enforcement then obtains a warrant

Rape of a Child Charges

Revised Code of Washington / Charge Offense Level How Committed Sentence Range
RCW 9A.44.073 / Rape of a Child, 1st degree Class A felony The person has sexual intercourse with another who is less than 12 years old and not married to the perpetrator and the perpetrator is at least 24 months (2 years) older than the victim Seriousness level XI; depending on offender score: 90 - 185 months
RCW 9A.44.076 / Rape of a Child, 2nd degree Class A felony The person has sexual intercourse with another who is 12 - 14 years old and not married to the perpetrator; and the perpetrator is at least 36 months (3 years) older than the victim Seriousness level X; depending on offender score: 66 - 150 months
RCW 9A.44.079 / Rape of a Child, 3rd degree Class C felony The person has sexual intercourse with another who is 14 - 16 years old and not married to the perpetrator; and the perpetrator is at least 48 months (4 years) older than the victim Varies

Rap

Revised Code of Washington / Charge Offense Level How Committed Sentence Range
RC Clas The Seriousne

Child Molestation

Revised Code of Washington / Charge Offense Level How Committed Sentence Range
RCW 9A.44.083 / Child Molestation, 1st degree Class A felony The person has, or knowingly causes another person under the age of eighteen to have sexual contact with another who is less than twelve years of age and not married to the perpetrator and the perpetrator is at least 36 months (3 years) older than the victim  
RCW 9A.44.086 / Child Molestation, 2nd degree Class B felony The person has, or knowingly causes another person under the age of eighteen to have, sexual contact with another who is 12 - 14 years old and not married to the perpetrator; and the perpetrator is at least 36 months (3 years) older than the victim Seriousness level VII; depending upon offender score: 18 - 78 months
RCW 9A.44.089 / Child Molestation, 3rd degree Class C felony The person has, or knowingly causes another person under the age of eighteen to have, sexual contact with another who is 14 - 16 years old and not married to the perpetrator; and the perpetrator is at least 48 months (4 years) older than the victim Seriousness level V; depending on offender score: 9 - 60 months

Sexual Misconduct with a Minor

Revised Code of Washington / Charge Offense Level How Committed Sentence Range
RCW 9A.44.093 / Sexual Misconduct with a Minor, 1st degree Class C felony The person:
  • Has, or knowingly causes another person under the age of eighteen to have, sexual intercourse with another person who is 16 - 18 years old and not married to the perpetrator
    • If the perpetrator is at least 60 months (5 years) older than the victim, is in a significant relationship to the victim, and abuses a supervisory position within that relationship in order to engage in or cause another person under the age of eighteen to engage in sexual intercourse with the victim;
  • Is a school employee who has, or knowingly cause another person under the age of 18 to have sexual intercourse with an enrolled student of the school who is between 16-21 years old and not married to the employee, if the employee is at least 36 months (3 years) older than the student; or
  • Is a foster parent who has, or knowingly causes another person under the age of 18 to have sexual intercourse with his or her foster child who is at least 16
Seriousness level V; depending on offender score: 9 - 60 months
RCW 9A.44.096 Gross Misd. Same as above Varies

Sexual Exploitation of a Minor (formerly child pornography)(RCW 9.68A.040)

  • A person is guilty of sexual exploitation of a minor if the person:
    • Compels a minor by threat or force to engage in sexually explicit conduct; knowing that such conduct will be photographed or part of a live performance
    • Aids, invites, employs, authorizes, or causes a minor to engage in sexually explicit conduct, knowing that such conduct will be photographed or part of a live performance; or
    • Being a parent, legal guardian, or person having custody or control of a minor, permits the minor to engage in sexually explicit conduct, knowing that such conduct will be photographed or part of a live performance
  • Class B felony

Dealing in Depictions of Minor Engaged in Sexually Explicit Conduct (RCW 9.68A.050)

Each depiction or image of visual or printed matter constitutes a separate offense

The difference between a class B and a class C felony depends upon the extent and nature of the conduct. See RCW 9.68A.011Definitions below

Revised Code of Washington / Charge Offense Level How Committed Sentence Range
RCW 9.68A.050 / Dealing in Depictions..., 1st degree Class B felony The person:
  • Knowingly, or possesses with intent, develops, duplicates, publishes, prints, disseminates, exchanges, finances, attempts to finance, or sells a visual or printed matter that depicts a minor engaged in an act of sexually explicit conduct as defined in RCW 9.68A.011 (a) - (e)
Seriousness level VII; depending on offender score: 18 - 78 months
RCW 9.68A.050 / Dealing in Depictions..., 2nd degree Class C felony The person:
  • Knowingly, or possesses with intent, develops, duplicates, publishes, prints, disseminates, exchanges, finances, attempts to finance, or sells a visual or printed matter that depicts a minor engaged in an act of sexually explicit conduct as defined in RCW 9.68A.011 (f) or (g)
Varies

Possession of Depictions of Minor Engaged in Sexually Explicit Conduct (RCW 9.68A.070)

Revised Code of Washington / Charge Offense Level How Committed Sentence Range
RCW 9.68A.070 / Possession of Depictions..., 1st degree Class B felony The person:
  • Intentionally views over the internet visual or printed matter depicting a minor engaged in sexually explicit conduct as defined in RCW 9.68A.011 (a) - (e)
Varies
RCW 9.68A.070 / Possession of Depictions..., 2nd degree Class C felony The person:
  • Intentionally views over the internet visual or printed matter depicting a minor engaged in sexually explicit conduct as defined in RCW 9.68A.011 (f) or (g)
Varies

RCW 9.68A.011 Definitions

  1. An "internet session" means a period of time during which an internet user, using a specific internet protocol address, visits or is logged into an internet site for an uninterrupted period of time.
  2. To "photograph" means to make a print, negative, slide, digital image, motion picture, or videotape. A "photograph" means anything tangible or intangible produced by photographing.
  3. "Visual or printed matter" means any photograph or other material that contains a reproduction of a photograph.
  4. "Sexually explicit conduct" means actual or simulated:
    1. Sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex or between humans and animals;
    2. Penetration of the vagina or rectum by any object;
    3. Masturbation;
    4. Sadomasochistic abuse;
    5. Defecation or urination for the purposes of sexual stimulation of the viewer
    6. Depiction of the genitals or unclothes pubis or rectal areas of any minor, or any unclothes breast of a female minor, for the purpose of sexual stimulation of the viewer. It is not necessary that the minor know that he or she is participating in the described conduct
    7. Touching of a person's clothes or unclothes genitals, pubic area, buttocks, or breast area for the purpose of sexual stimulation of the viewer
  5. "Minor" means any person under 18 years of age
  6. "Live performance" means any play, show, skit, dance, or other exhibition performed or presented to or before an audience of one or more

Commercial Sexual Abuse of a Minor (RCW 9.68A.100)

  • A person is guilty of commercial sexual abuse of a minor if:
    • He or she pays a fee to a minor or third person as compensation for a minor having engaged in sexual conduct with him or her;
    • He or she pays or agrees to pay a minor or a third person with the understanding that the minor will engage in sexual conduct with him or her;
    • He or she solicits, offers, or requests to engage in sexual conduct with a minor in a return for a fee
  • Class B felony

Promoting Commercial Sexual Abuse of a Minor (RCW 9.68A.101)

  • A person is guilty of promoting commercial sexual abuse of a minor if he or she knowingly advances commercial sexual abuse of a minor or profits from a minor engaged in sexual conduct
  • Class A felony

Promoting Travel for Commercial Sexual Abuse of a Minor (RCW 9.68A102)

  • A person commits the offense of promoting travel for commercial sexual abuse of a minor if he or she knowingly sells or offers to sell travel services that include or facilitate travel for the purpose of engaging in commercial sexual abuse of a minor or promoting sexual commercial sexual abuse of a minor, if occurring in this state
  • Class C felony

Promoting Commercial Sexual Abuse of a Minor (RCW 9.68A.103)

  • A person is guilty of permitting commercial sexual abuse of a minor if, having possession or control of premises which he or she knows are being used for the purpose of commercial sexual abuse of a minor, he or she fails without lawful excuse to make a reasonable effort to halt or abate such use and to make a reasonable effort to notify law enforcement of such use
  • Gross misdemeanor

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