January 7, 2011
• Posted in

The decision is in response to a Supreme Court decision striking down two child pornography convictions

Attorney General John Kroger today said he would draft legislation to fix Oregon’s possession of child pornography law in response to an adverse court ruling.

“It is vitally important that we have every law enforcement tool available to fight child pornography,” said Attorney General Kroger.

A divided Oregon Supreme Court on Jan. 6 overturned two child pornography convictions, ruling that the crime of Encouraging Child Sexual Abuse requires proof that the defendants intended to download child pornography. The evidence of child pornography found on the defendants’ computers demonstrated that they had viewed child pornography online, but did not prove that they intended to download it, the majority ruled.

Chief Justice Paul DeMuniz, in a concurring opinion, suggested that the Legislature could clarify that they intended to cover the evidence of child pornography involved in the two cases.

“In writing today, I do not presume to instruct Oregon lawmakers on how to go about their business. My objective is simply to demonstrate that, with regard to the crime of encouraging child sexual abuse, Oregon can bring its laws into step with contemporaneous technological realities just as other states have done. Oregon’s citizens — and its justice system — will all benefit as a result,” Chief Justice DeMuniz wrote.

Attorney General Kroger will propose legislation that clarifies the Legislature’s intent that Encouraging Child Sexual Abuse includes the type of evidence involved in the two court cases.

Attorney General John Kroger leads the Oregon Department of Justice. The Department’s mission is to fight crime and fraud, protect the environment, improve child welfare, promote a positive business climate, and defend the rights of all Oregonians.


Tony Green, (503) 378-6002 |