Title 163 · ORS Chapter 163

453.912. �� (b) As used in this subsection, �vehicle� and �premises� do not include public places, as defined in ORS 161.015. �� (2) Child neglect in the first degree is a Class B felony. ��

Citation: ORS 453.912

Section: 453.912

453.912.

�� (b) As used in this subsection, �vehicle� and �premises� do not include public places, as defined in ORS 161.015.

�� (2) Child neglect in the first degree is a Class B felony.

�� (3) Subsection (1) of this section does not apply if the controlled substance is marijuana and is delivered for no consideration.

�� (4) The Oregon Criminal Justice Commission shall classify child neglect in the first degree as crime category 6 of the sentencing guidelines grid of the commission if the controlled substance being delivered or manufactured is methamphetamine. [1991 c.832 �1; 2001 c.387 �1; 2001 c.870 �11; 2005 c.708 �2; 2017 c.21 �44]

�� Note: 163.547 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 163 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 163.555 Criminal nonsupport. (1) A person commits the crime of criminal nonsupport if, being the parent, lawful guardian or other person lawfully charged with the support of a child under 18 years of age, born in or out of wedlock, the person knowingly fails to provide support for such child.

�� (2) It is no defense to a prosecution under this section that either parent has contracted a subsequent marriage, that issue has been born of a subsequent marriage, that the defendant is the parent of issue born of a prior marriage, that the child is being supported by another person or agency or that the defendant was adjudicated not to be a parent of the child under ORS 109.148.

�� (3) It is an affirmative defense to a prosecution under this section that the defendant has a lawful excuse for failing to provide child support.

�� (4) If the defendant intends to rely on the affirmative defense created in subsection (3) of this section, the defendant must give the district attorney written notice of the intent to do so at least 30 days prior to trial. The notice must describe the nature of the lawful excuse upon which the defendant proposes to rely. If the defendant fails to file notice as required by this subsection, the defendant may not introduce evidence of a lawful excuse unless the court finds there was just cause for the defendant�s failure to file the notice within the required time.

�� (5) Criminal nonsupport is a Class C felony. [1971 c.743 �175; 1993 c.33 �308; 1999 c.954 �3; 2005 c.502 �1; 2025 c.592 �100]

�� 163.565 Evidence of parentage; confidentiality between spouses not applicable; spouses competent and compellable witnesses. (1) Proof that a child was born during the time a person lived and cohabited with the child�s mother, or held the child�s mother out as that person�s spouse in a marriage, is prima facie evidence that the person is the parent of the child. This subsection does not exclude any other legal evidence tending to establish the parental relationship.

�� (2) No provision of law prohibiting the disclosure of confidential communications between spouses in a marriage apply to prosecutions for criminal nonsupport. A spouse is a competent and compellable witness for or against either party. [1971 c.743 �176; 2015 c.629 �30; 2017 c.651 �36]

�� 163.575 Endangering the welfare of a minor. (1) A person commits the offense of endangering the welfare of a minor if the person knowingly:

�� (a) Induces, causes or permits an unmarried person under 18 years of age to witness an act of sexual conduct or sadomasochistic abuse as defined in ORS 167.060;

�� (b) Permits a person under 18 years of age to enter or remain in a place where unlawful activity involving controlled substances or cannabis is maintained or conducted;

�� (c) Induces, causes or permits a person under 18 years of age to participate in gambling as defined in ORS 167.117; or

�� (d) Sells to a person under 18 years of age any device in which cannabis, cocaine or any controlled substance, as defined in ORS 475.005, is burned and the principal design and use of which is directly or indirectly to deliver cannabis smoke, cocaine smoke or smoke from any controlled substance into the human body, including but not limited to:

�� (A) Pipes, water pipes, hookahs, wooden pipes, carburetor pipes, electric pipes, air driven pipes, corncob pipes, meerschaum pipes and ceramic pipes, with or without screens, permanent screens, hashish heads or punctured metal bowls;

�� (B) Carburetion tubes and devices, including carburetion masks;

�� (C) Bongs;

�� (D) Chillums;

�� (E) Ice pipes or chillers;

�� (F) Rolling papers and rolling machines; and

�� (G) Cocaine free basing kits.

�� (2) Endangering the welfare of a minor is a Class A misdemeanor. [1971 c.743 �177; 1973 c.827 �20; 1979 c.744 �8; 1981 c.838 �1; 1983 c.740 �31; 1991 c.970 �5; 1995 c.79 �52; 1999 c.1051 �153; 2011 c.597 �79; 2014 c.20 �1; 2015 c.158 �5; 2017 c.21 �45; 2017 c.701 �18]

�� 163.577 Failing to supervise a child. (1) A person commits the offense of failing to supervise a child if the person is the parent, lawful guardian or other person lawfully charged with the care or custody of a child under 15 years of age and the child:

�� (a) Commits an act that brings the child within the jurisdiction of the juvenile court under ORS 419C.005;

�� (b) Violates a curfew law of a county or any other political subdivision; or

�� (c) Fails to attend school as required under ORS 339.010.

�� (2) Nothing in this section applies to a child-caring agency as defined in ORS 418.205 or to foster parents.

�� (3) In a prosecution of a person for failing to supervise a child under subsection (1)(a) of this section, it is an affirmative defense that the person:

�� (a) Is the victim of the act that brings the child within the jurisdiction of the juvenile court; or

�� (b) Reported the act to the appropriate authorities.

�� (4) In a prosecution of a person for failing to supervise a child under subsection (1) of this section, it is an affirmative defense that the person took reasonable steps to control the conduct of the child at the time the person is alleged to have failed to supervise the child.

�� (5)(a) Except as provided in subsection (6) or (7) of this section, in a prosecution of a person for failing to supervise a child under subsection (1)(a) of this section, the court shall order the person to pay restitution under ORS 137.103 to 137.109 to a victim for economic damages arising from the act of the child that brings the child within the jurisdiction of the juvenile court.

�� (b) The amount of restitution ordered under this subsection may not exceed $2,500.

�� (6) If a person pleads guilty or is found guilty of failing to supervise a child under this section and if the person has not previously been convicted of failing to supervise a child, the court:

�� (a) Shall warn the person of the penalty for future convictions of failing to supervise a child and shall suspend imposition of sentence.

�� (b) May not order the person to pay restitution under this section.

�� (7)(a) If a person pleads guilty or is found guilty of failing to supervise a child under this section and if the person has only one prior conviction for failing to supervise a child, the court, with the consent of the person, may suspend imposition of sentence and order the person to complete a parent effectiveness program approved by the court. Upon the person�s completion of the parent effectiveness program to the satisfaction of the court, the court may discharge the person. If the person fails to complete the parent effectiveness program to the satisfaction of the court, the court may impose a sentence authorized by this section.

�� (b) There may be only one suspension of sentence under this subsection with respect to a person.

�� (8) The juvenile court has jurisdiction over a first offense of failing to supervise a child under this section.

�� (9) Failing to supervise a child is a Class A violation. [1995 c.593 �1; 1999 c.1051 �154; 2003 c.670 �5; 2005 c.564 �8]

�� Note: 163.577 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 163 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 163.580 Display of sign concerning sale of smoking devices. (1) A person who sells any of the smoking devices listed in ORS 163.575 (1)(d) shall display a sign clearly stating that the sale of such devices to persons under 18 years of age is prohibited by law.

�� (2) A person who violates this section commits a Class B violation. [1981 c.838 �2; 1999 c.1051 �155; 2015 c.158 �32; 2017 c.701 �19]

�� Note: 163.580 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 163 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 163.605 [1971 c.743 �287; repealed by 1985 c.366 �1]

�� 163.610 [Repealed by 1971 c.743 �432]

�� 163.620 [Repealed by 1971 c.743 �432]

�� 163.630 [Repealed by 1971 c.743 �432]

�� 163.635 [1955 c.308 �1; repealed by 1971 c.743 �432]

�� 163.640 [Repealed by 1971 c.743 �432]

�� 163.650 [Repealed by 1971 c.743 �432]

�� 163.660 [Repealed by 1971 c.743 �432]

VISUAL RECORDING OF SEXUAL CONDUCT OF CHILDREN

�� 163.665 Definitions. As used in ORS 163.665 to 163.693:

�� (1) �Child� means a person who is less than 18 years of age, and any reference to a child in relation to a visual recording of the child is a reference to a person who was less than 18 years of age at the time the original image in the visual recording was created and not the age of the person at the time of an alleged offense relating to the subsequent reproduction, use or possession of the visual recording.

�� (2) �Child abuse� means conduct that constitutes, or would constitute if committed in this state, a crime in which the victim is a child.

�� (3) �Sexually explicit conduct� means actual or simulated:

�� (a) Sexual intercourse or deviant sexual intercourse;

�� (b) Genital-genital, oral-genital, anal-genital or oral-anal contact, whether between persons of the same or opposite sex or between humans and animals;

�� (c) Penetration of the vagina or rectum by any object other than as part of a medical diagnosis or treatment or as part of a personal hygiene practice;

�� (d) Masturbation;

�� (e) Sadistic or masochistic abuse; or

�� (f) Lewd exhibition of sexual or other intimate parts.

�� (4) �Visual depiction� includes, but is not limited to, visual recordings, pictures and computer-generated images and pictures, whether made or produced by electronic, mechanical or other means.

�� (5) �Visual recording� includes, but is not limited to, photographs, films, videotapes and computer and other digital pictures, regardless of the manner in which the recording is stored. [1985 c.557 �2; 1987 c.864 �1; 1991 c.664 �4; 1995 c.768 �4; 1997 c.719 �5; 2011 c.515 �1]

�� 163.670 Using child in display of sexually explicit conduct. (1) A person commits the crime of using a child in a display of sexually explicit conduct if the person:

�� (a) Employs, authorizes, permits, compels or induces a child to participate or engage in sexually explicit conduct for any person to observe or to record in a visual recording; or

�� (b) Knowingly records in a visual recording a child participating or engaging in sexually explicit conduct.

�� (2) Using a child in a display of sexually explicit conduct is a Class A felony. [1985 c.557 �3; 1987 c.864 �3; 1991 c.664 �5; 2011 c.515 �2; 2023 c.407 �2]

�� 163.672 [1991 c.664 �2; repealed by 1995 c.768 �16]

�� 163.673 [1987 c.864 �4; 1991 c.664 �6; repealed by 1995 c.768 �16]

�� 163.675 [1985 c.557 �4; repealed by 1987 c.864 �15]

�� 163.676 Exemption from prosecution under ORS 163.684. (1) No employee is liable to prosecution under ORS