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Oregon Revised Statutes

Or. Rev. Stat. § 163.689 (2026)

Possession of materials depicting sexually explicit conduct of a child in the second degree

✓ current as of May 2026
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      163.689 Possession of materials depicting sexually explicit conduct of a child in the second degree. (1) A person commits the crime of possession of materials depicting sexually explicit conduct of a child in the second 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) Intends to use 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 second degree is a Class C felony. [1997 c.719 §4; 2011 c.515 §7]

Notes of Decisions
Cited in 7 cases (2 in the last 5 years), 2001–2023 · leading case: State v. Barger, 247 P.3d 309 (Or. 2011).
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State v. Barger, 247 P.3d 309 (Or. 2011). · cites it 7× “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. 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. Bradley, 542 P.3d 56 (Or. Ct. App. 2023). “235 (burglar’s tools); ORS 163.689 (materials depicting sexually explicit conduct of a child).”
State v. Porter, 249 P.3d 139 (Or. Ct. App. 2011). “Possession of materials depicting sexually explicit conduct of a child in the second degree, ORS 163.689, involves possession of the materials depicting sexually explicit conduct with the intent to use them to induce a child to engage in sexually explicit conduct.”
State v. Bradley (Or. Ct. App. 2023). “Meekisho’s testimony at the suppression hearing clarify- ing the scope of his question was insufficient to place the question within the bounds of a constitutionally permissi- ble inquiry.”
State v. Evans, 37 P.3d 227 (Or. Ct. App. 2001). “665 to ORS 163.689. The description of the physical acts in 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 second degree, ORS 163.689, involves possession of the materials depicting sexually explicit conduct with the intent to use them to induce a child to engage in sexually explicit conduct.”
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