Legal Question in Civil Rights Law in Oregon
internet sex chat
if i met a girl on a 18+ site and have been speaking with her sexually an 3 days later her mother writes me an says shes 12 and is giving my email to the police can i be in trouble when i was under the impression she was of age
1 Answer from Attorneys
Re: internet sex chat
Here is the criminal law in Oregon. It requires that the offender believed that the person he was communicating with was a child. Thus, it is not a crime, if you did not reasonably believe that the other person was under 16.
163.431 Definitions for ORS 163.432 to 163.434. As used in ORS 163.432 to 163.434:
(1) �Child� means a person who the defendant reasonably believes to be under 16 years of age.
(2) �Online communication� means communication that occurs via electronic mail, personal or instant messaging, chat rooms, bulletin boards or any other method of communicating over the Internet.
(3) �Sexual contact� has the meaning given that term in ORS 163.305.
(4) �Sexually explicit conduct� has the meaning given that term in ORS 163.665.
(5) �Solicit� means to invite, request, seduce, lure, entice, persuade, prevail upon, coax, coerce or attempt to do so. [2007 c.876 �1]
163.432 Online sexual corruption of a child in the second degree. (1) A person commits the crime of online sexual corruption of a child in the second degree if the person is 18 years of age or older and:
(a) For the purpose of arousing or gratifying 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
(b) Offers or agrees to physically meet with the child.
(2) Online sexual corruption of a child in the second degree is a Class C felony. [2007 c.876 �2]
163.433 Online sexual corruption of a child in the first degree. (1) A person commits the crime of online sexual corruption of a child in the first degree if the person violates ORS 163.432 and intentionally takes a substantial step toward physically meeting with or encountering the child.
(2) Online sexual corruption of a child in the first degree is a Class B felony. [2007 c.876 �3]
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