What is the maximum sentence for the following crimes: use child dsp sx, Cont Sex Del Minor?

10/31/2007 - Criminal - State: OR #11325

Full Question:

What is the maximum sentence a judge can hand down for the following crimes: use child dsp sx, Cont Sex Del Minor?

Answer:

The following are Oregon statutes:

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 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 photograph, motion picture, videotape or other visual recording.
(2) Using a child in a display of sexually explicit conduct is a Class A felony.
163.415 Sexual abuse in the third degree.
(1) A person commits the crime of sexual abuse in the third degree if the person subjects another person to sexual contact and:
(a) The victim does not consent to the sexual contact; or
(b) The victim is incapable of consent by reason of being under 18 years of age.
(2) Sexual abuse in the third degree is a Class A misdemeanor.
163.435 Contributing to the sexual delinquency of a minor.
(1) A person 18 years of age or older commits the crime of contributing to the sexual delinquency of a minor if:
(a) Being a male, he engages in sexual intercourse with a female under 18 years of age; or
(b) Being a female, she engages in sexual intercourse with a male under 18 years of age; or
(c) The person engages in deviate sexual intercourse with another person under 18 years of age or causes that person to engage in deviate sexual intercourse.
(2) Contributing to the sexual delinquency of a minor is a Class A misdemeanor.
161.605 Maximum prison terms for felonies.

The maximum term of an indeterminate sentence of imprisonment for a felony is as follows:

(1) For a Class A felony, 20 years.
(2) For a Class B felony, 10 years.
(3) For a Class C felony, 5 years.
(4) For an unclassified felony as provided in the statute defining the crime.
161.615 Prison terms for misdemeanors.

Sentences for misdemeanors shall be for a definite term. The court shall fix the term of imprisonment within the following maximum limitations:

(1) For a Class A misdemeanor, 1 year.
(2) For a Class B misdemeanor, 6 months.
(3) For a Class C misdemeanor, 30 days.
(4) For an unclassified misdemeanor, as provided in the statute defining the crime.
161.625 Fines for felonies.
(1) A sentence to pay a fine for a felony shall be a sentence to pay an amount, fixed by the court, not exceeding:
(a) $500,000 for murder or aggravated murder.
(b) $375,000 for a Class A felony.
(c) $250,000 for a Class B felony.
(d) $125,000 for a Class C felony.
(2) A sentence to pay a fine for an unclassified felony shall be a sentence to pay an amount, fixed by the court, as provided in the statute defining the crime.
(3)(a) If a person has gained money or property through the commission of a felony, then upon conviction thereof the court, in lieu of imposing the fine authorized for the crime under subsection (1) or (2) of this section, may sentence the defendant to pay an amount, fixed by the court, not exceeding double the amount of the defendant's gain from the commission of the crime.
(b) The provisions of paragraph (a) of this subsection do not apply to the felony theft of a companion animal, as defined in ORS 164.055, or a captive wild animal.
(4) As used in this section, "gain" means the amount of money or the value of property derived from the commission of the felony, less the amount of money or the value of property returned to the victim of the crime or seized by or surrendered to lawful authority before the time sentence is imposed. "Value" shall be determined by the standards established in ORS 164.115.
(5) When the court imposes a fine for a felony the court shall make a finding as to the amount of the defendant's gain from the crime. If the record does not contain sufficient evidence to support a finding the court may conduct a hearing upon the issue.
(6) Except as provided in ORS 161.655, this section does not apply to a corporation.
161.635 Fines for misdemeanors.
(1) A sentence to pay a fine for a misdemeanor shall be a sentence to pay an amount, fixed by the court, not exceeding:
(a) $6,250 for a Class A misdemeanor.
(b) $2,500 for a Class B misdemeanor.
(c) $1,250 for a Class C misdemeanor.
(2) A sentence to pay a fine for an unclassified misdemeanor shall be a sentence to pay an amount, fixed by the court, as provided in the statute defining the crime.
(3) If a person has gained money or property through the commission of a misdemeanor, then upon conviction thereof the court, instead of imposing the fine authorized for the offense under this section, may sentence the defendant to pay an amount fixed by the court, not exceeding double the amount of the defendant's gain from the commission of the offense. In that event, ORS 161.625(4) and (5) apply.
(4) This section does not apply to corporations.
161.645 Standards for imposing fines.

In determining whether to impose a fine and its amount, the court shall consider:

(1) The financial resources of the defendant and the burden that payment of a fine will impose, with due regard to the other obligations of the defendant; and
(2) The ability of the defendant to pay a fine on an installment basis or on other conditions to be fixed by the court.
161.525 "Felony" described.
Except as provided in ORS 161.585 and 161.705, a crime is a felony if it is so designated in any statute of this state or if a person convicted under a statute of this state may be sentenced to a maximum term of imprisonment of more than one year.
161.535 Classification of felonies.
(1) Felonies are classified for the purpose of sentence into the following categories:
(a) Class A felonies;
(b) Class B felonies;
(c) Class C felonies; and
(d) Unclassified felonies.
(2) The particular classification of each felony defined in the Oregon Criminal Code, except murder under ORS 163.115 and treason under ORS 166.005, is expressly designated in the section defining the crime. An offense defined outside this code which, because of the express sentence provided is within the definition of ORS 161.525, shall be considered an unclassified felony.
161.545 "Misdemeanor" described.
A crime is a misdemeanor if it is so designated in any statute of this state or if a person convicted thereof may be sentenced to a maximum term of imprisonment of not more than one year.
161.555 Classification of misdemeanors.
(1) Misdemeanors are classified for the purpose of sentence into the following categories:
(a) Class A misdemeanors;
(b) Class B misdemeanors;
(c) Class C misdemeanors; and
(d) Unclassified misdemeanors.
(2) The particular classification of each misdemeanor defined in the Oregon Criminal Code is expressly designated in the section defining the crime. An offense defined outside this code which, because of the express sentence provided is within the definition of ORS 161.545, shall be considered an unclassified misdemeanor.
(3) An offense defined by a statute of this state, but without specification as to its classification or as to the penalty authorized upon conviction, shall be considered a Class A misdemeanor.
161.585 Classification of certain crimes determined by punishment.
(1) When a crime punishable as a felony is also punishable by imprisonment for a maximum term of one year or by a fine, the crime shall be classed as a misdemeanor if the court imposes a punishment other than imprisonment under ORS 137.124(1).
(2) Notwithstanding the provisions of ORS 161.525, upon conviction of a crime punishable as described in subsection (1) of this section, the crime is a felony for all purposes until one of the following events occurs, after which occurrence the crime is a misdemeanor for all purposes:
(a) Without imposing a sentence of probation, the court imposes a sentence of imprisonment other than to the legal and physical custody of the Department of Corrections.
(b) Without imposing a sentence of probation, the court imposes a fine.
(c) Upon revocation of probation, the court imposes a sentence of imprisonment other than to the legal and physical custody of the Department of Corrections.
(d) Upon revocation of probation, the court imposes a fine.
(e) The court declares the offense to be a misdemeanor, either at the time of imposing a sentence of probation, upon suspension of imposition of a part of a sentence, or on application of defendant or the parole and probation officer of the defendant thereafter.
(f) The court imposes a sentence of probation on the defendant without imposition of any other sentence upon conviction and defendant is thereafter discharged without any other sentence.
(g) Without imposing a sentence of probation and without imposing any other sentence, the court declares the offense to be a misdemeanor and discharges the defendant.
(3) The provisions of this section shall apply only to persons convicted of a felony committed prior to November 1, 1989.


10/31/2007 - Category: Criminal - State: OR #11325

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