State v. Porter
241 Or. App. 26
| Or. Ct. App. | 2011Background
- Porter was convicted on three counts of using a child in a display of sexually explicit conduct under ORS 163.670.
- The trial court denied a judgment of acquittal; the state must prove Porter permitted a child to participate or engage in sexually explicit conduct for observation or recording.
- The abuse involved Porter’s stepdaughter D, 15, who was in a household with Porter, Leblanc-Porter, Davies, and Clements.
- D was sexually abused by Leblanc-Porter and Davies in the home, with Porter present at times in the room.
- D testified Porter appeared to enjoy watching the abuse, though Porter did not actively participate in the sexual acts.
- The court analyzes whether Porter’s presence or toleration constitutes “permitting” under the statute and whether evidence supports acquittal denial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Meaning of permits in ORS 163.670(1) | Porter | Porter | Permits means allow or make possible (broader than strict authority) |
| Does evidence show Porter permitted a child to participate or engage in sexually explicit conduct? | Porter asserts lack of legal relationship defeats liability | Porter argues no permission to engage by his authority | Evidence supports that Porter permitted the conduct; acquittal denial sustained |
| Relation to statutory scheme and purpose | Porter’s role would still fit within the harms targeted by ORS 163.670 | N/A | Statutory context supports broader meaning of permit to cover producers/observers of child sexual displays |
Key Cases Cited
- State v. Reiland, 153 Or.App. 601, 958 P.2d 900 (1998) (permit and allow interchangeable in child endangerment context)
- State v. Pyritz, 90 Or.App. 601, 752 P.2d 1310 (1988) (permitting entails authority to permit or tacit consent)
- State v. Stoneman, 323 Or. 536, 920 P.2d 535 (1996) (OR S 163.670 aims to prevent underlying harm of child sexual abuse)
- Lemery v. Leonard, 99 Or. 670, 196 P. 376 (1921) (permit meaning can be broad, allowing tacit consent)
- State v. Casey, 346 Or. 54, 203 P.3d 202 (2009) (contextual standard for reviewing evidence in light of statute)