77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .

LC 887

                         House Bill 2780

Sponsored by Representative GELSER; Representatives BARTON,
  GARRETT, KENY-GUYER, OLSON, TOMEI

                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.

  Creates crime of facilitating sex tourism. Punishes by maximum
of one year's imprisonment, $6,250 fine, or both, or, if person
is 18 years of age or older at time person commits crime and
victim is minor, by maximum of five years' imprisonment, $125,000
fine, or both. Requires additional imposition of $20,000 fine.
  Declares emergency, effective on passage.

                        A BILL FOR AN ACT
Relating to sex tourism; creating new provisions; amending ORS
  131.602; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + Section 2 of this 2013 Act is added to and made
a part of ORS 167.007 to 167.017. + }
  SECTION 2.  { + (1) A person commits the crime of facilitating
sex tourism if the person knowingly facilitates the travel of
another person for the purpose of enabling the other person to
engage in sexual conduct or sexual contact in return for a fee.
  (2)(a) Facilitating sex tourism is a Class A misdemeanor.
  (b) Notwithstanding paragraph (a) of this subsection,
facilitating sex tourism is a Class C felony if the person
convicted of facilitating sex tourism was 18 years of age or
older at the time the person committed the crime and the travel
was facilitated for the purpose of enabling another person to
engage in sexual conduct or sexual contact in return for a fee
with an individual who was under 18 years of age at the time the
person committed the crime.
  (c) In a prosecution in which it is alleged that paragraph (b)
of this subsection applies, the state need not prove that the
person facilitating the travel knew that the individual with whom
the other person engaged in sexual conduct or sexual contact was
under 18 years of age, and it is no defense that the person did
not know the individual's age or that the person reasonably
believed the individual to be 18 years of age or older.
  (3) In addition to any other sentence of imprisonment or fine
that a court may impose and notwithstanding ORS 161.625 or
161.635, a court shall sentence a person convicted under this
section to a fine of $20,000. + }
  SECTION 3. ORS 131.602 is amended to read:
  131.602. The crimes to which ORS 131.550 (12)(b) applies are:
  (1) Bribe giving, as defined in ORS 162.015.
  (2) Bribe receiving, as defined in ORS 162.025.
  (3) Public investment fraud, as defined in ORS 162.117.
  (4) Bribing a witness, as defined in ORS 162.265.
  (5) Bribe receiving by a witness, as defined in ORS 162.275.
  (6) Simulating legal process, as defined in ORS 162.355.
  (7) Official misconduct in the first degree, as defined in ORS
162.415.
  (8) Assisting another person to commit suicide, as defined in
ORS 163.193.
  (9) Custodial interference in the second degree, as defined in
ORS 163.245.
  (10) Custodial interference in the first degree, as defined in
ORS 163.257.
  (11) Buying or selling a person under 18 years of age, as
defined in ORS 163.537.
  (12) Using a child in a display of sexually explicit conduct,
as defined in ORS 163.670.
  (13) Encouraging child sexual abuse in the first degree, as
defined in ORS 163.684.
  (14) Encouraging child sexual abuse in the second degree, as
defined in ORS 163.686.
  (15) Encouraging child sexual abuse in the third degree, as
defined in ORS 163.687.
  (16) Possession of materials depicting sexually explicit
conduct of a child in the first degree, as defined in ORS
163.688.
  (17) Possession of materials depicting sexually explicit
conduct of a child in the second degree, as defined in ORS
163.689.
  (18) Theft in the second degree, as defined in ORS 164.045.
  (19) Theft in the first degree, as defined in ORS 164.055.
  (20) Aggravated theft in the first degree, as defined in ORS
164.057.
  (21) Theft by extortion, as defined in ORS 164.075.
  (22) Theft by deception, as defined in ORS 164.085, if it is a
felony or a Class A misdemeanor.
  (23) Theft by receiving, as defined in ORS 164.095, if it is a
felony or a Class A misdemeanor.
  (24) Theft of services, as defined in ORS 164.125, if it is a
felony or a Class A misdemeanor.
  (25) Unauthorized use of a vehicle, as defined in ORS 164.135.
  (26) Mail theft or receipt of stolen mail, as defined in ORS
164.162.
  (27) Laundering a monetary instrument, as defined in ORS
164.170.
  (28) Engaging in a financial transaction in property derived
from unlawful activity, as defined in ORS 164.172.
  (29) Burglary in the second degree, as defined in ORS 164.215.
  (30) Burglary in the first degree, as defined in ORS 164.225.
  (31) Possession of a burglary tool or theft device, as defined
in ORS 164.235.
  (32) Unlawful entry into a motor vehicle, as defined in ORS
164.272.
  (33) Arson in the second degree, as defined in ORS 164.315.
  (34) Arson in the first degree, as defined in ORS 164.325.
  (35) Computer crime, as defined in ORS 164.377.
  (36) Robbery in the third degree, as defined in ORS 164.395.
  (37) Robbery in the second degree, as defined in ORS 164.405.
  (38) Robbery in the first degree, as defined in ORS 164.415.
  (39) Unlawful labeling of a sound recording, as defined in ORS
164.868.
  (40) Unlawful recording of a live performance, as defined in
ORS 164.869.
  (41) Unlawful labeling of a videotape recording, as defined in
ORS 164.872.
  (42) A violation of ORS 164.886.
  (43)(a) Endangering aircraft in the first degree, as defined in
ORS 164.885.
  (b) Endangering aircraft in the second degree, as defined in
ORS 164.885.
  (44) Interference with agricultural operations, as defined in
ORS 164.887.
  (45) Forgery in the second degree, as defined in ORS 165.007.
  (46) Forgery in the first degree, as defined in ORS 165.013.
  (47) Criminal possession of a forged instrument in the second
degree, as defined in ORS 165.017.
  (48) Criminal possession of a forged instrument in the first
degree, as defined in ORS 165.022.
  (49) Criminal possession of a forgery device, as defined in ORS
165.032.
  (50) Criminal simulation, as defined in ORS 165.037.
  (51) Fraudulently obtaining a signature, as defined in ORS
165.042.
  (52) Fraudulent use of a credit card, as defined in ORS
165.055.
  (53) Negotiating a bad check, as defined in ORS 165.065.
  (54) Possessing a fraudulent communications device, as defined
in ORS 165.070.
  (55) Unlawful factoring of a payment card transaction, as
defined in ORS 165.074.
  (56) Falsifying business records, as defined in ORS 165.080.
  (57) Sports bribery, as defined in ORS 165.085.
  (58) Sports bribe receiving, as defined in ORS 165.090.
  (59) Misapplication of entrusted property, as defined in ORS
165.095.
  (60) Issuing a false financial statement, as defined in ORS
165.100.
  (61) Obtaining execution of documents by deception, as defined
in ORS 165.102.
  (62) A violation of ORS 165.543.
  (63) Cellular counterfeiting in the third degree, as defined in
ORS 165.577.
  (64) Cellular counterfeiting in the second degree, as defined
in ORS 165.579.
  (65) Cellular counterfeiting in the first degree, as defined in
ORS 165.581.
  (66) Identity theft, as defined in ORS 165.800.
  (67) A violation of ORS 166.190.
  (68) Unlawful use of a weapon, as defined in ORS 166.220.
  (69) A violation of ORS 166.240.
  (70) Unlawful possession of a firearm, as defined in ORS
166.250.
  (71) A violation of ORS 166.270.
  (72) Unlawful possession of a machine gun, short-barreled
rifle, short-barreled shotgun or firearms silencer, as defined in
ORS 166.272.
  (73) A violation of ORS 166.275.
  (74) Unlawful possession of armor piercing ammunition, as
defined in ORS 166.350.
  (75) A violation of ORS 166.370.
  (76) Unlawful possession of a destructive device, as defined in
ORS 166.382.
  (77) Unlawful manufacture of a destructive device, as defined
in ORS 166.384.
  (78) Possession of a hoax destructive device, as defined in ORS
166.385.
  (79) A violation of ORS 166.410.
  (80) Providing false information in connection with a transfer
of a firearm, as defined in ORS 166.416.
  (81) Improperly transferring a firearm, as defined in ORS
166.418.

  (82) Unlawfully purchasing a firearm, as defined in ORS
166.425.
  (83) A violation of ORS 166.429.
  (84) A violation of ORS 166.470.
  (85) A violation of ORS 166.480.
  (86) A violation of ORS 166.635.
  (87) A violation of ORS 166.638.
  (88) Unlawful paramilitary activity, as defined in ORS 166.660.
  (89) A violation of ORS 166.720.
  (90) Prostitution, as defined in ORS 167.007.
  (91) Patronizing a prostitute, as defined in ORS 167.008.
  (92) Promoting prostitution, as defined in ORS 167.012.
  (93) Compelling prostitution, as defined in ORS 167.017.
  (94) Exhibiting an obscene performance to a minor, as defined
in ORS 167.075.
  (95) Unlawful gambling in the second degree, as defined in ORS
167.122.
  (96) Unlawful gambling in the first degree, as defined in ORS
167.127.
  (97) Possession of gambling records in the second degree, as
defined in ORS 167.132.
  (98) Possession of gambling records in the first degree, as
defined in ORS 167.137.
  (99) Possession of a gambling device, as defined in ORS
167.147.
  (100) Possession of a gray machine, as defined in ORS 167.164.
  (101) Cheating, as defined in ORS 167.167.
  (102) Tampering with drug records, as defined in ORS 167.212.
  (103) A violation of ORS 167.262.
  (104) Research and animal interference, as defined in ORS
167.312.
  (105) Animal abuse in the first degree, as defined in ORS
167.320.
  (106) Aggravated animal abuse in the first degree, as defined
in ORS 167.322.
  (107) Animal neglect in the first degree, as defined in ORS
167.330.
  (108) Interfering with an assistance, a search and rescue or a
therapy animal, as defined in ORS 167.352.
  (109) Involvement in animal fighting, as defined in ORS
167.355.
  (110) Dogfighting, as defined in ORS 167.365.
  (111) Participation in dogfighting, as defined in ORS 167.370.
  (112) Unauthorized use of a livestock animal, as defined in ORS
167.385.
  (113) Interference with livestock production, as defined in ORS
167.388.
  (114) A violation of ORS 167.390.
  (115) Participation in cockfighting, as defined in ORS 167.431.
  (116) A violation of ORS 471.410.
  (117) Failure to report missing precursor substances, as
defined in ORS 475.955.
  (118) Illegally selling drug equipment, as defined in ORS
475.960.
  (119) Providing false information on a precursor substances
report, as defined in ORS 475.965.
  (120) Unlawful delivery of an imitation controlled substance,
as defined in ORS 475.912.
  (121) A violation of ORS 475.752, if it is a felony or a Class
A misdemeanor.
  (122) A violation of ORS 475.914, if it is a felony or a Class
A misdemeanor.
  (123) A violation of ORS 475.916.
  (124) A violation of ORS 475.906, if it is a felony or a Class
A misdemeanor.
  (125) A violation of ORS 475.904.
  (126) Misuse of an identification card, as defined in ORS
807.430.
  (127) Unlawful production of identification cards, licenses,
permits, forms or camera cards, as defined in ORS 807.500.
  (128) Transfer of documents for the purposes of
misrepresentation, as defined in ORS 807.510.
  (129) Using an invalid license, as defined in ORS 807.580.
  (130) Permitting misuse of a license, as defined in ORS
807.590.
  (131) Using another's license, as defined in ORS 807.600.
  (132) Criminal driving while suspended or revoked, as defined
in ORS 811.182, when it is a felony.
  (133) Driving while under the influence of intoxicants, as
defined in ORS 813.010, when it is a felony.
  (134) Unlawful distribution of cigarettes, as defined in ORS
323.482.
  (135) Unlawful distribution of tobacco products, as defined in
ORS 323.632.
  (136) A violation of ORS 180.440 (2) or 180.486 (2).
  (137) A violation described in ORS 475.806 to 475.894, if it is
a felony.
  (138) Subjecting another person to involuntary servitude in the
first degree, as defined in ORS 163.264.
  (139) Subjecting another person to involuntary servitude in the
second degree, as defined in ORS 163.263.
  (140) Trafficking in persons, as defined in ORS 163.266.
  (141) Luring a minor, as defined in ORS 167.057.
  (142) Online sexual corruption of a child in the second degree,
as defined in ORS 163.432.
  (143) Online sexual corruption of a child in the first degree,
as defined in ORS 163.433.
   { +  (144) Facilitating sex tourism, as defined in section 2
of this 2013 Act. + }
    { - (144) - }   { + (145) + } An attempt, conspiracy or
solicitation to commit a crime in subsections (1) to
 { - (143) - }   { + (144) + } of this section if the attempt,
conspiracy or solicitation is a felony or a Class A misdemeanor.
  SECTION 4.  { + This 2013 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2013 Act takes effect on its
passage. + }
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