Skip to main content The Oregon Senate Judiciary Committee has introduced two bills that would, under certain circumstances, lessen the punishment of teenagers younger than 18 who "sext."
This December cover story describes how Oregon law says teens who exchange sexually explicit images through cellphones or other electronic means can be prosecuted for "use of a child in the display of sexually explicit conduct." That felony, ORS 163.670, dates back to the mid-1980s when federal and state lawmakers wanted stricter punishments for child pornographers. Twenty-five years ago, the law was intended to go after adult perverts; lawmakers didn't envision a time when teens themselves could manufacture and disseminate naughty photos of themselves by themselves.
Voter-approved Measure 73, which took effect in December, further complicated the scenario for teens who "sext." That's because the measure imposed new mandatory minimum sentences for repeat sexual offenders, including those convicted of multiple counts of ORS 163.670. (Under the guidelines of Measure 73, sending two dirty photos at two different times could be enough to land a teenager in court for two counts of ORS 163.670.)
Senate Bill 677 [PDF] is the first of the two proposed measures introduced late last week by the Senate Judiciary Committee. The measure, if passed:
As an alternative, Senate Bill 678 [PDF] would create the same new exceptions, yet also allow leeway to do more. It would [emphasis mine]:
WWeek 2015