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State v. Porter

241 Or. App. 26, 249 P.3d 139 (2011)

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State v. Porter

Oregon Court of Appeals

241 Or. App. 26, 249 P.3d 139 (2011)

Facts

Norman Porter (defendant) rented a home in Oregon. Porter’s wife, Leblanc-Porter, and two other unrelated friends, Davies and Clements, lived with Porter in the Oregon house but were not on the lease and did not pay rent. The household members engaged in frequent sexual activities with each other. Subsequently, Leblanc-Porter brought her 15-year-old daughter from a prior marriage, D, to come live in Porter’s house. Leblanc-Porter and Davies sexually abused D. On multiple occasions, D was abused in the public areas of the house while Porter witnessed, and took pleasure from, the abuse. Porter never directly participated in abusing D but did not do anything to stop Leblanc-Porter or Davies from abusing D in Porter’s home. The State of Oregon (plaintiff) charged Porter for permitting a minor, D, to participate in a live display of sexually explicit conduct, a Class A felony. Porter filed a motion for judgment of acquittal, arguing that he could not have permitted D to engage in a live display of sexually explicit conduct because he had no legal authority over D. The trial court dismissed Porter’s motion and convicted him. Porter appealed.

Rule of Law

Issue

Holding and Reasoning (Brewer, C.J.)

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