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83rd OREGON LEGISLATIVE ASSEMBLY--2025 Regular Session
Senate Bill 626
Sponsored by Senator BONHAM (Presession filed.)
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.The statement includes a measure digest written in compliance with applicable readability
standards.
Digest: The Act expands three crimes to include digitally-created images. The Act goes into ef-
fect when the Governor signs it. (Flesch Readability Score: 60.7).
Expands the crimes of encouraging child sexual abuse in the first degree, second degree and
third degree to include visual depictions of child abuse that are computer-generated.
Declares an emergency, effective on passage.
A BILL FOR AN ACT
Relating to encouraging child sexual abuse; amending ORS 163.665, 163.684, 163.686, 163.687 and
163.690; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 163.665 is amended to read:
163.665. As used in ORS 163.665 to 163.693:
(1) “Child” means a person who is less than 18 years of age, and any reference to a child in
relation to a visual recording of the child is a reference to a person who was less than 18 years of
age at the time the original image in the visual recording was created and not the age of the person
at the time of an alleged offense relating to the subsequent reproduction, use or possession of the
visual recording.
(2) “Child abuse” means conduct that constitutes, appears to constitute or would constitute if
committed in this state[,] a crime in which the victim is a child.
(3) “Sexually explicit conduct” means actual or simulated:
(a) Sexual intercourse or deviant sexual intercourse;
(b) Genital-genital, oral-genital, anal-genital or oral-anal contact, whether between persons of the
same or opposite sex or between humans and animals;
(c) Penetration of the vagina or rectum by any object other than as part of a medical diagnosis
or treatment or as part of a personal hygiene practice;
(d) Masturbation;
(e) Sadistic or masochistic abuse; or
(f) Lewd exhibition of sexual or other intimate parts.
(4) “Visual depiction” includes, but is not limited to, visual recordings, pictures and computer-
generated images, videos and pictures, whether made, altered or produced by electronic, mechan-
ical, digital or other means or by artificial intelligence.
(5) “Visual recording” includes, but is not limited to, photographs, films, videotapes and com-
puter and other digital pictures, regardless of the manner in which the recording is stored.
SECTION 2. ORS 163.684 is amended to read:
163.684. (1) A person commits the crime of encouraging child sexual abuse in the first degree if
NOTE:Matter in boldfaced type in an amended section is new; matter [italic and bracketed] is existing law to be omitted.
New sections are in boldfaced type.
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theperson:
(a)(A) Knowingly develops, duplicates, publishes, prints, disseminates, exchanges, displays, fi-
nances, attempts to finance or sells a visual recording of sexually explicit conduct involving a child
or a visual depiction of sexually explicit conduct that appears to involve a child, or knowingly
possesses, accesses or views such a visual recording or visual depiction with the intent to develop,
duplicate, publish, print, disseminate, exchange, display or sell it; or
(B) Knowingly brings into this state, or causes to be brought or sent into this state, for sale or
distribution, a visual recording of sexually explicit conduct involving a child or a visual depiction
of sexually explicit conduct that appears to involve a child; and
(b) Knows or is aware of and consciously disregards the fact that [creation of] the visual re-
cording or visual depiction of sexually explicit conduct [involved] portrays child abuse.
(2) Encouraging child sexual abuse in the first degree is a Class B felony.
SECTION 3. ORS 163.686 is amended to read:
163.686. (1) A person commits the crime of encouraging child sexual abuse in the second degree
if the person:
(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, or a visual depiction of sexually explicit
conduct that appears to involve a child, for the purpose of arousing or satisfying the sexual de-
sires of the person or another person; or
(ii) Knowingly pays, exchanges or gives anything of value to obtain or view a visual recording
of sexually explicit conduct involving a child, or a visual depiction of sexually explicit conduct
that appears to involve a child, for the purpose of arousing or satisfying the sexual desires of the
person or another person; and
(B) Knows or is aware of and consciously disregards the fact that [creation of] the visual re-
cording or visual depiction of sexually explicit conduct [involved] portrays 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 the sexual desire of the
person, sexually explicit conduct by a child; and
(B) Knows or is aware of and consciously disregards the fact that the conduct constitutes child
abuse.
(2) Encouraging child sexual abuse in the second degree is a Class C felony.
SECTION 4. ORS 163.687 is amended to read:
163.687. (1) A person commits the crime of encouraging child sexual abuse in the third degree
if the person:
(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, or a visual depiction of sexually explicit
conduct that appears to involve a child, for the purpose of arousing or satisfying the sexual de-
sires of the person or another person; or
(ii) Knowingly pays, exchanges or gives anything of value to obtain or view a visual recording
of sexually explicit conduct involving a child, or a visual depiction of sexually explicit conduct
that appears to involve a child, for the purpose of arousing or satisfying the sexual desires of the
person or another person; and
(B) Knows or fails to be aware of a substantial and unjustifiable risk that [the creation of] the
visual recording or visual depiction of sexually explicit conduct [involved] portrays child abuse;
or
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(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 the sexual desire of the
person, sexually explicit conduct by a child; and
(B) Knows or fails to be aware of a substantial and unjustifiable risk that the conduct consti-
tutes child abuse.
(2) Encouraging child sexual abuse in the third degree is a Class A misdemeanor.
SECTION 5. ORS 163.690 is amended to read:
163.690. It is an affirmative defense to any prosecution under ORS [163.684, 163.686, 163.687 or]
163.693 that the defendant, at the time of engaging in the conduct prohibited therein, did not know
and did not have reason to know that the relevant sexually explicit conduct involved a child.
SECTION 6.This 2025 Act being necessary for the immediate preservation of the public
peace, health and safety, an emergency is declared to exist, and this 2025 Act takes effect
on its passage.
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