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Child Pornography


Defending Against Child Pornography Charges in Oregon

The most common form of illegal pornography is Child Pornography.

Is there a difference between Child Pornography and Child Sexual Abuse Materials (CSAM)?  Child pornography is the word used in Oregon laws prohibiting possessing, viewing, purchasing, duplicating, or distributing child pornography. The modern term for child pornography is Child Sexual Abuse Materials. So essentially, they mean the same thing.

Although there are other forms of illegal pornography, the most commonly prosecuted cases involve Child Pornography – CSAM.

Child Pornography Charges in Oregon

Encouraging Child Sexual Abuse in the Second Degree, ORS 163.686, includes possessing, purchasing, or viewing child pornography, such as on the internet.

Encouraging Child Sexual Abuse in the First Degree, ORS 163.684, includes duplicating or disseminating child pornography, which includes downloading it from the Internet or sharing a photo or video with another person. 

The Reality of Pornography Addiction and Legal Implications

Good but vulnerable people can get caught up in child pornography addiction.  Fortunately, addiction to pornography is treatable.   Attorney O’Rourke knows that child pornography addiction does not make someone a sexual predator.  Nor does it mean that a person is a pedophile.  Nevertheless, there is a lot of stigma attached to child pornography convictions, and sentences for such offenses often include terms in state prison or county jail.  Convictions also require supervised probation and some level of sex offender registration.

Why Hire James O'Rourke

James O’Rourke uses his time-tested and successful four-step approach in defending child pornography cases.

  1. Attack: James O’Rourke and his team carefully review every step of the police investigation and all of the state’s evidence. Mr. O’Rourke files motions to suppress evidence that was improperly seized without a valid search warrant.  If the motion to suppress is granted, the State has no admissible evidence, and the related charges must be dismissed.
  2. Negotiate: James O’Rourke’s effective negotiation strategies help his clients get the best possible results for their cases, including reduced charges and minimal sentences.
  3. Mitigate: James O’Rourke uses proven methods to get prosecutors and judges to impose appropriate sentences for his clientsMr. O’Rourke works to understand each client’s situation and to effectively tell their story.  This personal attention combined with his understanding of the legal system based on over 40 years of experience and expertise in addiction, help him get lenient sentences for his clients through negotiation or contested sentencing hearings.
  4. Turn Negatives into Positives: James O’Rourke knows that good people can become addicted to child pornography.  He knows that underlying conditions like trauma, PTSD and other addictions contribute people getting addicted to pornography.  He uses experienced experts to verify that his clients are not pedophiles and not a danger to the public.  They also verify that the client’s addiction to pornography is a treatable condition.  He helps clients begin their recovery from addiction with trusted treatment providers.  Clients who choose to follow his suggestions can turn their negatives into positives by using successful treatment of pornography addiction and its underlying causes and related conditions to get exceptional results from prosecutors and the court.

What are the Penalties for Child Pornography in Oregon?

Encouraging Child Sexual Abuse in the first or second degree are felonies.  A conviction of just one charge of First-Degree Encouraging Child Sexual Abuse or convictions of two charges of Second-Degree Encouraging Child Sexual Abuse can result in a prison sentence even if you have no prior criminal convictions.  Convictions for either crime require some level of sex offender registration. 

Sex Offender Registration in Oregon

There are three levels of Sex Offender Registration.  Level 1 is the lowest level, which requires reporting only to people who live with the registrant.

Level 2 requires significantly more reporting, including to residential neighbors and churches; community parks, schools, and childcare centers; convenience stores and businesses; long-term residential care facilities; and anywhere else that “children or potential victims may frequent.”

The most impactful is Level 3, which requires the most public reporting, including to media sources and on the public Oregon State Police Sex Offender Registry website. 

After 5 years as Level One (lowest level), a person may be relieved of the requirement of registering as a sex offender.  The lower the level that you start with, the sooner you may get relief from sex offender registration.  

Commonly Asked Questions

What is the difference between child pornography and CSAM in Oregon law?

In Oregon law, child pornography refers to the illegal possession, viewing, purchasing, duplicating, or distributing of materials depicting minors in sexual contexts. CSAM, which stands for Child Sexual Abuse Materials, is a modern term that essentially means the same thing as child pornography. Both terms are used to describe content that exploits children and is strictly prohibited by law.

What legal consequences can one face for child pornography charges in Oregon?

In Oregon, charges related to child pornography, such as Encouraging Child Sexual Abuse in the First or Second Degree, are considered felonies. Convictions can lead to state prison sentences, even for first-time offenders. Additionally, those convicted are required to register as sex offenders, which carries its own set of restrictions and societal implications.

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Personal Service With Integrity
We prioritize integrity by offering compassionate support at every legal stage. Our team is committed to defending your rights and providing empathetic guidance, ensuring you feel understood and supported throughout your case.

Why Choose James O'Rourke?

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