Legal Question in Technology Law in Oregon

Re: Which countries law counts in cybersex across two countries.

Putting aside for the moment whether the exchange actually would constitute a crime if it occurred solely in OR between OR residents, let's look at the "choice of law" issue that you are raising. The dominant theory in the US is that of "interest analysis" to determine which jurisdiction's laws should apply to a given set of facts. In the case you describe, a court in OR would likely determine that the purpose of the OR laws is to protect its residents irrespective of the domicile of the other person involved, and that the more permissive laws of the UK are not intended to protect its residents from stricter standards of other jurisdictions. Thus, an OR court would apply the laws of OR rather than UK.

Asserting criminal jurisdiction over a UK resident is not done lightly, and it probably would not rise to the level of an extradictable offense, BUT if there is an indictment filed the UK resident could get a very nasty surprise if he ever travelled into the US -- there is a federal watch list relating to criminal cases.

Best advice: just refrain from this kind of activity absent a well-founded knowledge of the age of the other participant.

Best wishes,

LDWG