Oregon Laws

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Oregon Sexting Laws
Oregon Cyberbullying Laws

 

State Sexting Laws - As of July 2015

Law

Federal
Total States
Oregon

“Sexting” law

No
20
No

Includes “Sexting”

9

Addresses under 18 sending

20

Addresses under 18 receiving

18

Penalty: Diversion

11

Penalty: Informal

10

Penalty: Misdem

11

Penalty: Felony

4

Revenge Porn Law

26
Yes

Other information

Notes: “Includes sexting” – includes “sexting” in the statute; “Addresses under 18 sending or receiving” – includes provisions if minors have sent or received sexually explicit images of other minors; “Diversion” – includes an option to pursue the case outside of the criminal/juvenile justice system; “Informal” – allows for/prescribes counseling or another informal sanction; “Misdem” – potential for a misdemeanor punishment; “Felony” – potential for a felony punishment. All states have some variation of a law that prohibits sending explicit or obscene material to—or depicting—minors that might apply (child pornography)

Source: cyberbullying.org/state-sexting-laws.pdf

State Cyberbullying Laws - As of January 2016

Law

Federal
Total States
Oregon

Bullying law

No
50
Yes

Include “cyberbullying” 1

Proposed-2009
23
Yes

Include electronic harassment

Proposed
48
Yes

Criminal sanction

Proposed
18
No

School sanction

No
45
Yes

Requires School Policy

No
49
Yes

Include off campus behaviors? 2

No
14
No

1 Indicates laws that actually include the terms “cyberbullying” or “cyber-bullying.” This is compared to states that simply refer to electronic harassment or bullying using electronic means. See actual law for more details.

2 Federal case law allows schools to discipline students for off-campus behavior that results in a substantial disruption of the learning environment at school. These states have simply codified that standard in state statute.

3 See Oregon info below for more details.

Source: cyberbullying.org/Bullying-and-Cyberbullying-Laws.pdf

Bullying and Cyberbullying: Oregon


Senate Bill 1555 (July 1, 2012): “Each school district shall adopt a policy prohibiting harassment, intimidation or bullying and prohibiting cyberbullying.” “(B) Require a school employee to report an act of harassment, intimidation or bullying or an act of cyberbullying…”

“School districts must incorporate into existing training programs for students and school employees information related to: (a) The prevention of, and the appropriate response to, acts of harassment, intimidation and bullying and acts of cyberbullying[.];”

Source: docs.google.com/viewer?url=http://www.leg.state.or.us/12reg/measpdf/sb1500.dir/sb1555.en.pdf

Chapter 647 Oregon Laws 2007

339.351. As used in ORS 339.351 to 339.364[,]:

(1) “Cyberbullying” means the use of any electronic communication device to harass, intimidate or bully.

(2) “Harassment, intimidation or bullying” means any act that substantially interferes with a student’s educational benefits, opportunities or performance, that takes place on or immediately adjacent to school grounds, at any school-sponsored activity, on school-provided transportation or at any official school bus stop, and that has the effect of:

[(1)] (a) Physically harming a student or damaging a student’s property;

[(2)] (b) Knowingly placing a student in reasonable fear of physical harm to the student or damage to the student’s property; or

[(3)] (c) Creating a hostile educational environment.

339.353. (1) The Legislative Assembly finds that:

(a) A safe and civil environment is necessary for students to learn and achieve high academic standards.

(b) Harassment, intimidation or bullying and cyberbullying, like other disruptive or violent behavior, [is] are conduct that disrupts a student’s ability to learn and a school’s ability to educate its students in a safe environment.

Source: www.leg.state.or.us/07orlaws/sess0600.dir/0647.htm

Sexting Laws- Oregon


No sexting law.

Revenge porn: (SB 188 “unlawful dissemination of an intimate image” - signed by Governor on 6/11/2015)

(1) A person commits the crime of unlawful dissemination of an intimate image if:

(a) The person, with the intent to harass, humiliate or injure another person, knowingly causes to be disclosed through an Internet website an identifiable image of the other person whose intimate parts are visible or who is engaged in sexu-al conduct;

(b) The person knows or reasonably should have known that the other person does not consent to the disclosure;

(c) The other person is harassed, humiliated or injured by the disclosure; and

(d) A reasonable person would be harassed, humiliated or injured by the disclosure.

Source: olis.leg.state.or.us/liz/2015R1/Downloads/MeasureDocument/SB188/Enrolled

 
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