167.057 Luring
a minor. (1) A
person commits the crime of luring a minor if the person:
(a) Furnishes to,
or uses with, a minor, a police officer posing as a minor or an agent of a
police officer posing as a minor, a visual representation or explicit verbal
description or narrative account of sexual conduct for the purpose of inducing
the minor or purported minor to engage in sexual conduct; or
(b) Engages in
sexual conduct in the immediate presence of a minor for the purpose of inducing
the minor to engage in sexual conduct.
(2) A person is
not liable to prosecution for violating subsection (1) of this section if the
person furnishes or uses a representation, description or account of sexual
conduct that forms merely an incidental part of an otherwise nonoffending whole
and serves some purpose other than titillation.
(3) In a
prosecution under subsection (1) of this section, it is an affirmative defense:
(a) That the
representation, description or account was furnished or used for the purpose of
psychological or medical treatment and was furnished by a treatment provider or
by another person acting on behalf of the treatment provider;
(b) That the
defendant had reasonable cause to believe that the person to whom the
representation, description or account was furnished or with whom the
representation, description or account was used, or the person in the immediate
presence of whom the defendant engaged in sexual conduct, was not a minor; or
(c) That the
defendant was less than three years older than the minor or, in the case of a
police officer or agent of a police officer posing as a minor, the age of the
purported minor as reported to the defendant at the time of the alleged
offense.
(4) Luring a
minor is a Class C felony.
(5)(a) The court
may designate luring a minor as a sex crime under ORS 163A.005 if the court
determines that:
(A) The offender
reasonably believed the minor or, in the case of a police officer or agent of a
police officer posing as a minor, the purported minor to be more than five
years younger than the offender or under 16 years of age; and
(B) Given the
nature of the offense, the age of the minor or purported minor as reported to
the defendant and the person’s criminal history, designation of the offense as
a sex crime is necessary for the safety of the community.
(b) The court
shall indicate the designation and the findings supporting the designation in
the judgment.
(6) As used in
this section, “police officer” has the meaning given that term in ORS 181A.355.
[2007 c.869 §3; 2011 c.681 §2; 2013 c.293 §1; 2015 c.101 §1; 2023 c.198 §2]
Notes of Decisions
Cited in
43
cases (
36 in the last 5 years), 2008–2026 · leading case:
State v. King, 373 P.3d 1205 (Coos Cty. Cir. Ct., O.R. 2016).
State v. King, 373 P.3d 1205 (Coos Cty. Cir. Ct., O.R. 2016).
· cites it 25× “Defendant appeals a judgment of conviction, following a bench trial, for the crime of luring a minor, ORS 167.057, 1 assigning error to the denial of his motion for judgment of acquittal.”
Powell's Books, Inc. v. Myers, 599 F. Supp. 2d 1226 (D. Or. 2008).
· cites it 18× “§ 167.057. The challenged portion of the statute provides, A person commits the crime of luring a minor if the person: (a) Furnishes to, or uses with, a minor a visual representation or explicit verbal description or narrative account of sexual conduct; and (b) Furnishes or uses…”
State v. Street, 505 P.3d 425 (Or. Ct. App. 2022).
· cites it 3× “The court acquitted him of two counts of luring a minor child, ORS 167.057 (Counts 3 and 4). On appeal, defendant asserts that the trial court erred by denying his motion for judgment of acquittal on the two counts of first-degree online sexual corruption of a child.”
State v. Wampler, 530 P.3d 133 (Or. Ct. App. 2023).
· cites it 3× “nts of conviction and in his first three assignments of error challenges (1) the denial of his motion to suppress evidence after he was stopped in his car by an officer without reasonable suspicion, (2) the denial of his motion to suppress evidence obtained in violation of his…”
State v. Propp, 345 Or. App. 376 (Or. Ct. App. 2025).
· cites it 5× “670; four counts of luring a minor, ORS 167.057; two counts of second-degree sexual abuse, ORS 163.”
State v. Smith, 452 P.3d 492 (Or. Ct. App. 2019).
· cites it 2× “Deschutes County Circuit Court 16CR66235; A166334 452 P3d 492 Defendant appeals a judgment of conviction for luring a minor, ORS 167.057, first-degree online sexual corruption of a child, ORS 163.”
State v. DiMolfetto, 342 Or. App. 456 (Or. Ct. App. 2025).
· cites it 2× “” ORS 167.057. Defendant, as he did below, argues that he was entitled to judgments of acquittal on each of the charges for UCDSEC and ECSA.”
State v. Rogers, 340 Or. App. 625 (Or. Ct. App. 2025).
· cites it 6× “Despite the court’s efforts to prevent such testimony, a witness’s testimony occasion- ally can be interpreted as an opinion on another witness’s truthfulness in regards to a particular statement.”
State v. Rudd, 478 P.3d 603 (Or. Ct. App. 2020).
· cites it 3× “Cite as 307 Or App 610 (2020) 611 PER CURIAM Defendant appeals a judgment of conviction pursu- ant to a bench trial for three sex offenses, including one count of luring a minor in violation of ORS 167.057. He assigns error to the trial court’s denial of his motion for judgment…”
State v. McGee, 341 Or. App. 237 (Or. Ct. App. 2025).
“427 (Counts 2, 3, 6, 7, 10, 11, and 13) and one count of luring a minor, ORS 167.057 (Count 12).1 The court merged Count 3 into Count 2 and Count 6 into Count 7, and sentenced defendant to an aggregate term of 225 months in prison, with 45 months of post-prison supervision.”
State v. Meyers, 565 P.3d 463 (Or. Ct. App. 2025).
“432 and “intentionally take[ ] a substantial step toward physically meeting with or encountering the child”); ORS 167.057(1) (a person commits the crime of luring a minor if the person “[f]urnishes to, or uses with, a minor, a police officer posing as a minor or an agent of a…”
State v. Kurz, 342 Or. App. 772 (Or. Ct. App. 2025).
“427; one count of luring a minor, ORS 167.057; one count of second-degree unlawful sexual penetration, ORS 163.”
— Or. Rev. Stat. § 167.057(1) — 9 cases
State v. King, 373 P.3d 1205 (Coos Cty. Cir. Ct., O.R. 2016).
“Defendant appeals a judgment of conviction, following a bench trial, for the crime of luring a minor, ORS 167.057, 1 assigning error to the denial of his motion for judgment of acquittal.”
Powell's Books, Inc. v. Myers, 599 F. Supp. 2d 1226 (D. Or. 2008).
“§ 167.057. The challenged portion of the statute provides, A person commits the crime of luring a minor if the person: (a) Furnishes to, or uses with, a minor a visual representation or explicit verbal description or narrative account of sexual conduct; and (b) Furnishes or uses…”
State v. Meyers, 565 P.3d 463 (Or. Ct. App. 2025).
“432 and “intentionally take[ ] a substantial step toward physically meeting with or encountering the child”); ORS 167.057(1) (a person commits the crime of luring a minor if the person “[f]urnishes to, or uses with, a minor, a police officer posing as a minor or an agent of a…”
State v. Rudd, 478 P.3d 603 (Or. Ct. App. 2020).
“Cite as 307 Or App 610 (2020) 611 PER CURIAM Defendant appeals a judgment of conviction pursu- ant to a bench trial for three sex offenses, including one count of luring a minor in violation of ORS 167.057. He assigns error to the trial court’s denial of his motion for judgment…”
State v. Rogers, 340 Or. App. 625 (Or. Ct. App. 2025).
“Despite the court’s efforts to prevent such testimony, a witness’s testimony occasion- ally can be interpreted as an opinion on another witness’s truthfulness in regards to a particular statement.”
— Or. Rev. Stat. § 167.057(1)(a) — 8 cases
State v. Propp, 345 Or. App. 376 (Or. Ct. App. 2025).
“670; four counts of luring a minor, ORS 167.057; two counts of second-degree sexual abuse, ORS 163.”
State v. DiMolfetto, 342 Or. App. 456 (Or. Ct. App. 2025).
“” ORS 167.057. Defendant, as he did below, argues that he was entitled to judgments of acquittal on each of the charges for UCDSEC and ECSA.”
State v. Rogers, 340 Or. App. 625 (Or. Ct. App. 2025).
“Despite the court’s efforts to prevent such testimony, a witness’s testimony occasion- ally can be interpreted as an opinion on another witness’s truthfulness in regards to a particular statement.”
— Or. Rev. Stat. § 167.057(2) — 1 case
Powell's Books, Inc. v. Myers, 599 F. Supp. 2d 1226 (D. Or. 2008).
“§ 167.057. The challenged portion of the statute provides, A person commits the crime of luring a minor if the person: (a) Furnishes to, or uses with, a minor a visual representation or explicit verbal description or narrative account of sexual conduct; and (b) Furnishes or uses…”
— Or. Rev. Stat. § 167.057(3)(a) — 2 cases
Powell's Books, Inc. v. Myers, 599 F. Supp. 2d 1226 (D. Or. 2008).
“§ 167.057. The challenged portion of the statute provides, A person commits the crime of luring a minor if the person: (a) Furnishes to, or uses with, a minor a visual representation or explicit verbal description or narrative account of sexual conduct; and (b) Furnishes or uses…”
— Or. Rev. Stat. § 167.057(3)(b) — 3 cases
State v. Propp, 345 Or. App. 376 (Or. Ct. App. 2025).
“670; four counts of luring a minor, ORS 167.057; two counts of second-degree sexual abuse, ORS 163.”
Powell's Books, Inc. v. Myers, 599 F. Supp. 2d 1226 (D. Or. 2008).
“§ 167.057. The challenged portion of the statute provides, A person commits the crime of luring a minor if the person: (a) Furnishes to, or uses with, a minor a visual representation or explicit verbal description or narrative account of sexual conduct; and (b) Furnishes or uses…”
— Or. Rev. Stat. § 167.057(5)(a) — 2 cases
— Or. Rev. Stat. § 167.057(l)(b) — 1 case
Powell's Books, Inc. v. Myers, 599 F. Supp. 2d 1226 (D. Or. 2008).
“§ 167.057. The challenged portion of the statute provides, A person commits the crime of luring a minor if the person: (a) Furnishes to, or uses with, a minor a visual representation or explicit verbal description or narrative account of sexual conduct; and (b) Furnishes or uses…”
— Or. Rev. Stat. § 167.057(l)(b)(A) — 1 case
Powell's Books, Inc. v. Myers, 599 F. Supp. 2d 1226 (D. Or. 2008).
“§ 167.057. The challenged portion of the statute provides, A person commits the crime of luring a minor if the person: (a) Furnishes to, or uses with, a minor a visual representation or explicit verbal description or narrative account of sexual conduct; and (b) Furnishes or uses…”
— Or. Rev. Stat. § 167.057(l)(b)(B) — 1 case
Powell's Books, Inc. v. Myers, 599 F. Supp. 2d 1226 (D. Or. 2008).
“§ 167.057. The challenged portion of the statute provides, A person commits the crime of luring a minor if the person: (a) Furnishes to, or uses with, a minor a visual representation or explicit verbal description or narrative account of sexual conduct; and (b) Furnishes or uses…”
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