163.687
Encouraging child sexual abuse in the third degree. (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 for the
purpose of arousing or satisfying the sexual desires 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 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 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 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
constitutes child abuse.
(2) Encouraging
child sexual abuse in the third degree is a Class A misdemeanor. [1995 c.768 §3a;
2011 c.515 §5]
Notes of Decisions
Cited in
10
cases (
2 in the last 5 years), 2006–2025 · leading case:
State v. Carey-Martin, 430 P.3d 98 (Or. Ct. App. 2018).
State v. Carey-Martin, 430 P.3d 98 (Or. Ct. App. 2018).
“670 as describing the most serious of a group of related offenses that concern the visual recording and observation of children engaged in sexually explicit conduct that also include encouraging child sexual abuse, ORS 163.”
State v. Dunlap, 168 P.3d 295 (Or. Ct. App. 2007).
“700, and convictions in Washington County for invasion of personal privacy and encouraging child sexual abuse in the third degree, ORS 163.687. Defendant was under the supervision of a Yamhill County parole and probation officer, Settell.”
State v. Smith, 372 P.3d 549 (Or. Ct. App. 2016).
“435 (contributing to the sexual delinquency of a minor); ORS 163.687 (third-degree encouraging child sexual abuse), it becomes apparent that the sentence is disproportionate.”
State v. Porter, 249 P.3d 139 (Or. Ct. App. 2011).
“Encouraging child sexual abuse in the third degree, ORS 163.687, generally prohibits the possession of depictions of sexually explicit conduct involving a child for purposes of arousing or satisfying sexual desire, while knowing or failing to be aware of a substantial and…”
State v. Davidson, 353 P.3d 2 (Or. Ct. App. 2015).
“415(2)), third-degree encouraging child sexual abuse (ORS 163.687(2)), contributing to the sexual delinquency of a minor (ORS 163.”
State v. Bates, 472 P.3d 768 (Or. Ct. App. 2020).
“686 and ORS 163.687, prohibit possessing, controlling, and accessing such a visual recording.”
State v. Propp, 345 Or. App. 376 (Or. Ct. App. 2025).
“686 (same for second-degree ECSA); ORS 163.687 (requiring as an element of third-degree ECSA that the person “[k]nows or fails to be aware of a substantial and unjustifiable risk” that child abuse is involved).”
State v. Propp, 345 Or. App. 376 (Or. Ct. App. 2025).
“686 (same for second-degree ECSA); ORS 163.687 (requiring as an element of third-degree ECSA that the person “[k]nows or fails to be aware of a substantial and unjustifiable risk” that child abuse is involved).”
State v. Porter, 249 P.3d 139 (Or. Ct. App. 2011).
“Encouraging child sexual abuse in the third degree, ORS 163.687, generally prohibits the possession of depictions of sexually explicit conduct involving a child for purposes of arousing or satisfying sexual desire, while knowing or failing to be aware of a substantial and…”
State v. Alvey, 131 P.3d 765 (Or. Ct. App. 2006).
“Defendant moved to dismiss on the ground that the statute under which he was charged contains the same substantive elements as ORS 163.687, a Class A misdemeanor. According to defendant, the two statutes thus impermissibly conferred on the district attorney discretion to charge…”
— Or. Rev. Stat. § 163.687(2) — 1 case
State v. Davidson, 353 P.3d 2 (Or. Ct. App. 2015).
“415(2)), third-degree encouraging child sexual abuse (ORS 163.687(2)), contributing to the sexual delinquency of a minor (ORS 163.”
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