Eugene man pleads guilty in sex abuse case involving teen.
Byline: Bill Bishop The Register-Guard
A Eugene man was convicted Wednesday on 50 charges alleging that he downloaded Internet child pornography Child pornography is the visual representation of minors under the age of 18 engaged in sexual activity or the visual representation of minors engaging in lewd or erotic behavior designed to arouse the viewer's sexual interest. and passed it to a 15-year-old boy in order to induce the boy into sexual acts.
Kurt Allen Downs, 53, entered a plea deal in the case for a maximum 20-year term, in part to appeal his convictions and challenge the Oregon Supreme Court's rulings that make his actions a crime, defense lawyer Elizabeth Baker said.
Even if he wins the appeal, he won't avoid prison.
Downs, who also was convicted of molesting two boys in 1984, pleaded guilty Wednesday to second-degree sexual abuse, third-degree sodomy sodomy
Noncoital carnal copulation. Sodomy is a crime in some jurisdictions. Some sodomy laws, particularly in Middle Eastern countries and those jurisdictions observing Shari'ah law, provide penalties as severe as life imprisonment for homosexual intercourse, even if the and first-degree encouraging child sexual abuse Child sexual abuse is an umbrella term describing criminal and civil offenses in which an adult engages in sexual activity with a minor or exploits a minor for the purpose of sexual gratification. for sexual activities with the 15-year-old.
The appeal on the 50 other charges, relating to relating to relate prep → concernant
relating to relate prep → bezüglich +gen, mit Bezug auf +acc Downs obtaining and passing along Internet child pornography, could test Oregon's laws making both downloading and sharing child pornography illegal, Baker said.
Recent U.S. Supreme Court rulings indicate the nation's highest court may consider downloading child pornography for personal use to be protected as a free speech issue.
The highest court also indicated that transmitting child porn may not be a crime unless prosecutors have proof of the sender's intent.
The Oregon Supreme Court The Oregon Supreme Court (OSC) is the highest state court in the U.S. state of Oregon. The only court that may reverse or modify a decision of the Oregon Supreme Court is the Supreme Court of the United States. currently holds that transmitters of child pornography are presumed to have the intent to induce someone else to engage in sexual activity, Baker said.
For the case to reach the nation's highest court, it first must be appealed through the Oregon Court of Appeals The Oregon Court of Appeals is the state intermediate appellate court in the U.S. state of Oregon. Except for death penalty cases, which are reserved to the Oregon Supreme Court, and tax court cases, it has jurisdiction to hear all civil and criminal appeals from circuit courts, and Oregon Supreme Court, which may refuse to hear it. The case must then follow the same course in the federal court system, a process that will take years.
The Downs case came to light in June when the 15-year-old victim was charged with molesting a 4-year-old boy. The 15-year-old told police he was acting on Downs' suggestions when he victimized the 4-year-old, according to according to
1. As stated or indicated by; on the authority of: according to historians.
2. In keeping with: according to instructions.
3. a search warrant affidavit filed by investigators in the case.
Downs and the 15-year-old met on the Internet at a site designated for gay Oregon teen-agers, the affidavit says. The boy told police he visited Downs' home in Eugene a half-dozen times.
Downs could have faced up to 67 years in prison if convicted on all the charges in the case. Lane County Circuit Judge Lyle Velure ve·lure
Velvet or a velvetlike fabric.
[Alteration of French velours; see velour.] set sentencing for Monday.