Oregon Revised Statutes
Or. Rev. Stat. § 163.688 (2026)
Possession of materials depicting sexually explicit conduct of a child in the first degree
✓ current as of May 2026
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163.688 Possession of materials depicting sexually explicit conduct of a child in the first degree. (1) A person commits the crime of possession of materials depicting sexually explicit conduct of a child in the first degree if the person:
(a) Knowingly possesses, accesses or views a visual depiction of sexually explicit conduct involving a child or a visual depiction of sexually explicit conduct that appears to involve a child; and
(b) Uses the visual depiction to induce a child to participate or engage in sexually explicit conduct.
(2) Possession of materials depicting sexually explicit conduct of a child in the first degree is a Class B felony. [1997 c.719 §3; 2011 c.515 §6]
Notes of Decisions
Cited in 7
cases (1 in the last 5 years), 2005–2023 · leading case: State v. Barger, 247 P.3d 309 (Or. 2011).
State v. Barger, 247 P.3d 309 (Or. 2011). “In 1997, when the legislature enacted ORS 163.688 and ORS 163.689, [2] the legislature *318 demonstrated that it was capable of proscribing the possession of digital images, like those at issue here, for purposes of the Oregon Criminal Code.”
State v. Cannon, 450 P.3d 567 (Or. Ct. App. 2019). “dant, (2) “all” computers, including laptops, tablets, iPads, or iPods, and (3) “any and all” hard drives, gaming systems, flash drives, thumb drives, USB drives, SD cards, micro SD cards, CDs, DVDs, or any other similar devices that store electronic data for evidence related to…”
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. Porter, 249 P.3d 139 (Or. Ct. App. 2011). “Possession of materials depicting sexually explicit conduct of a child in the first degree, ORS 163.688, involves using such materials “to induce a child to participate or engage in sexually explicit conduct.”
State v. Cantrell, 536 P.3d 606 (Or. Ct. App. 2023). “In that case, police obtained a warrant to search for and then forensically analyze a broad range of electronic devices: “(1) ‘any’ cell phones determined to belong to defendant, (2) ‘all’ computers, including laptops, tablets, iPads, or iPods, and (3) ‘any and all’ hard drives,…”
State v. Patton, 119 P.3d 250 (Or. Ct. App. 2005). “Defendant pleaded no contest to one count of first-degree possession of materials depicting sexually explicit conduct of a child, ORS 163.688, and two counts of sexual abuse in the third degree, ORS 163.”
State v. Porter, 249 P.3d 139 (Or. Ct. App. 2011). “Possession of materials depicting sexually explicit conduct of a child in the first degree, ORS 163.688, involves using such materials "to induce a child to participate or engage in sexually explicit conduct.”
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