Oregon Sexting Laws: A Comprehensive Guide for 2026
Last Updated: February 1, 2026
Navigating the legal landscape of digital communication in Oregon requires a clear understanding of current statutes. As technology evolves, so do the laws governing how intimate images are shared, stored, and disseminated. In Oregon, “sexting” is not a single legal term but rather an activity that intersects with several serious criminal statutes, including those related to child pornography, invasion of privacy, and computer crimes.
This comprehensive guide examines Oregon’s laws regarding sexting as of 2026. It covers the distinctions between adult and juvenile offenses, the specific crime of “revenge porn” (unlawful dissemination of an intimate image), and the severe penalties associated with these acts. We will explore the relevant Oregon Revised Statutes (ORS) to provide a factual and detailed overview of the legal risks involved.
The Legal Framework for Sexting in Oregon
Oregon law does not have a statute explicitly titled “sexting.” Instead, prosecutors use existing laws regarding child pornography, luring, and privacy violations to charge individuals involved in these activities. The severity of the charge often depends on the age of the participants and whether the images were shared without consent.
The primary statutes relevant to sexting in Oregon include:
- ORS 163.684: Encouraging child sexual abuse in the first degree.
- ORS 163.472: Unlawful dissemination of an intimate image (Revenge Porn).
- ORS 163.670: Using a child in a display of sexually explicit conduct.
- ORS 163.700 & 163.701: Invasion of personal privacy.
Teen Sexting and Child Pornography Laws
One of the most critical areas of Oregon law concerns minors involved in sexting. When a minor creates, sends, or possesses a nude image of themselves or another minor, it can technically trigger Oregon’s child pornography statutes. Oregon takes a strict approach to the sexual exploitation of children, and “child pornography” is defined broadly.
Encouraging Child Sexual Abuse
Under ORS 163.684, a person commits the crime of “encouraging child sexual abuse in the first degree” if they knowingly possess or view any visual recording of sexually explicit conduct involving a child. This statute is often the primary tool used in cases involving the possession of illicit images of minors.
“(1) A person commits the crime of encouraging child sexual abuse in the first degree if the person knowingly possesses or knowingly views any visual recording of sexually explicit conduct involving a child.”
This is a Class B felony. The law does not necessarily distinguish between a predator collecting images and a teenager possessing a photo sent by a peer. However, the context and the relationship between the parties are factors that prosecutors and judges may consider during charging and sentencing.
Using a Child in a Display of Sexually Explicit Conduct
If a person induces or causes a child to engage in sexually explicit conduct for the purpose of creating a visual recording, they may be charged under ORS 163.670. This is a Class A felony, one of the most serious classifications in Oregon law.
This statute applies if a person “knowingly creates, duplicates, publishes or exhibits any visual recording of sexually explicit conduct involving a child.”
In the context of sexting, asking a minor to send a nude photo could potentially be interpreted as “inducing” or “causing” the creation of the material, leading to severe felony charges.
Specific Provisions for Juvenile Offenders
Oregon recognizes that teenagers often engage in impulsive behavior. While the statutes themselves are strict, the juvenile justice system often handles cases involving minors differently than adult court. The goal in juvenile cases is typically rehabilitation rather than pure punishment.
In some instances, if both parties are minors and the age difference is small (often referred to as “Romeo and Juliet” scenarios), authorities may exercise discretion. However, there is no automatic statutory exemption in the primary child pornography laws that explicitly legalizes consensual sexting between minors. The act remains technically illegal, creating significant legal jeopardy for teenagers.
Revenge Porn: Unlawful Dissemination of an Intimate Image
Non-consensual pornography, commonly known as “revenge porn,” involves sharing private, sexually explicit images or videos of another person without their consent. Oregon has specific legislation to address this violation of privacy.
ORS 163.472: The Law Against Revenge Porn
Under ORS 163.472, it is a crime to unlawfully disseminate an intimate image. This statute targets individuals who share private images with the intent to harass, humiliate, or injure the victim.
A person commits this crime if they:
(a) Intentionally disseminate an intimate image of another person;
(b) Do so without the consent of the other person;
(c) Know that the other person understood that the image would remain private; and
(d) Have the intent to harass, humiliate or injure the other person.
Key Elements of the Crime:
- Intent: The prosecutor must prove the defendant intended to harass, humiliate, or injure the victim.
- Expectation of Privacy: The victim must have had a reasonable expectation that the image would remain private. Even if the victim originally consented to taking the photo or sending it to the defendant, that consent does not extend to sharing it with others.
- Lack of Consent: The dissemination itself must be non-consensual.
It is important to note that a second conviction for this offense, or a conviction where the defendant has a prior conviction for similar offenses, can elevate the crime or lead to harsher sentencing outcomes under Oregon’s sentencing guidelines.
Penalties and Sentencing Guidelines
The penalties for sexting-related offenses in Oregon vary widely depending on the specific charge. They range from misdemeanors to serious felonies requiring mandatory prison time and sex offender registration.
Encouraging Child Sexual Abuse (ORS 163.684)
As a Class B felony, a conviction can lead to:
- Up to 10 years in prison.
- Fines up to $250,000.
- Mandatory registration as a sex offender.
Using a Child in a Display (ORS 163.670)
As a Class A felony, the penalties are even more severe:
- Up to 20 years in prison.
- Fines up to $375,000.
- Mandatory minimum prison sentences under Measure 11 in certain aggravated circumstances.
- Lifetime sex offender registration.
Unlawful Dissemination (Revenge Porn) (ORS 163.472)
As a Class A misdemeanor:
- Up to 364 days in county jail.
- Probation (community supervision).
- Fines up to $6,250.
- Civil liability (the victim may sue for damages).
Sex Offender Registration
One of the most long-lasting consequences of a felony conviction related to sexting involving minors is the requirement to register as a sex offender. This status affects where a person can live, work, and travel. For minors adjudicated in juvenile court, registration requirements can vary and may sometimes be avoided or terminated earlier, but for adults convicted of these crimes, the stigma is often permanent.
Invasion of Personal Privacy
Beyond specific sexting laws, Oregon also criminalizes the act of secretly recording or photographing someone in a state of undress without their consent. This is known as “Invasion of Personal Privacy.”
ORS 163.700: Invasion of Personal Privacy in the Second Degree
This crime occurs if a person knowingly makes or records a visual recording of another person in a state of nudity where that person has a reasonable expectation of privacy, without their consent.
This is a Class A misdemeanor. It applies to acts like “upskirt” photos or setting up hidden cameras in bathrooms.
ORS 163.701: Invasion of Personal Privacy in the First Degree
This charge applies if a person violates ORS 163.700 and has a prior conviction, or if they share the illicitly obtained recording. If you take a secret photo (2nd Degree) and then text it to a friend (dissemination), it can be elevated to First Degree Invasion of Personal Privacy.
This is a Class C felony. It carries a potential penalty of up to 5 years in prison and a $125,000 fine.
Defenses and Legal Considerations
When facing charges related to sexting or image-based sexual abuse, several legal defenses may be applicable depending on the facts of the case.
Lack of Intent
For charges like unlawful dissemination (revenge porn), the state must prove the specific intent to harass, humiliate, or injure. If an image was shared accidentally or without malicious intent, this may be a viable defense.
Consent
If the defendant can prove that the victim consented to the distribution of the image, the charge of unlawful dissemination would not stand. However, consent to create the image is not consent to distribute it.
Age and Knowledge
In cases involving minors, a defendant might argue they did not know the age of the person in the image. However, strict liability often applies to the age of the victim in sex crimes, meaning “not knowing” is rarely a complete defense for adults interacting with minors. For peer-to-peer sexting, the similarity in age is a significant mitigating factor often handled by prosecutorial discretion or juvenile court diversion programs.
Search and Seizure Violations
Evidence in sexting cases is almost entirely digital. If law enforcement seized a phone or computer without a valid warrant or probable cause, a defense attorney may file a motion to suppress that evidence. If the evidence is suppressed, the case may be dismissed.
Coercion and Extortion (Sextortion)
Sextortion involves threatening to release intimate images unless the victim provides more images, money, or sexual favors. This behavior violates multiple Oregon laws.
Coercion (ORS 163.275)
A person commits coercion if they compel or induce another person to engage in conduct they have a legal right to abstain from by instilling fear. Threatening to release a nude photo unless the victim sends money is a classic example.
Coercion is a Class C felony.
Theft by Extortion (ORS 164.075)
If the demand is for property or money, the crime may also be charged as theft by extortion, which is generally a Class B felony.
What to Do If You Are Involved in a Sexting Incident
If you discover that an intimate image of you has been shared without your consent, or if you are accused of sharing such an image, taking immediate and appropriate action is vital.
For Victims
- Document the Evidence: Take screenshots of the posts, messages, or websites where the image appears. Do not delete the messages sent to you by the perpetrator.
- Contact Law Enforcement: Report the incident to your local police department. Oregon’s revenge porn law (ORS 163.472) empowers police to investigate these crimes.
- Seek Legal Counsel: A civil attorney can help you pursue a restraining order or sue for damages.
- Request Removal: Contact the websites or platforms hosting the content to request its removal based on non-consensual distribution policies.
For the Accused
- Remain Silent: Do not speak to police or investigators without an attorney present. Anything you say can be used against you.
- Do Not Destroy Evidence: Deleting photos or messages after being accused can lead to additional charges of tampering with evidence (ORS 162.295).
- Consult a Criminal Defense Attorney: These are serious charges with life-altering consequences. Professional legal representation is essential.
Frequently Asked Questions (FAQ)
Research conducted for the 2026 legal update series. Always refer to the official Oregon Legislature website for the most current statutes.