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STATE v. STONEMAN

CC 90-12-5153-C; CA A70085; SC S42085.

920 P.2d 535 (1996)

323 Or. 536

STATE of Oregon, Petitioner on Review, v. Michael R. STONEMAN, Respondent on Review.

Supreme Court of Oregon.

Decided July 18, 1996.

Attorney(s) appearing for the Case

Janet A. Metcalf, Assistant Attorney General, Salem, argued the cause for petitioner on review. With her on the briefs were Theodore R. Kulongoski, Attorney General, and Virginia L. Linder, Solicitor General.

Lawrence Matasar, of Hoffman & Matasar, Portland, argued the cause for respondent on review. With him on the brief was Janet L. Hoffman.

Leslie M. Roberts, Portland, and David Schuman, Eugene, filed a brief for amicus curiae American Civil Liberties Union of Oregon.

Kelly Clark, Wilsonville, filed a brief for amicus curiae The Oregon Women's Leadership Task Force.

Janet M. LaRue, Santa Ana, California, in association with Jay R. Jackson, Salem, filed a brief for amicus curiae The National Law Center for Children and Families.

Before CARSON, C.J., and GILLETTE, VAN HOOMISSEN, FADELEY, GRABER, and DURHAM, JJ.

GILLETTE, Justice.

In 1985, the legislature enacted a criminal statute directed at the producers, purveyors, and purchasers of visual reproductions of children engaged in sexually explicit conduct. In 1990, defendant was charged with violating one section of that statute, codified at ORS 163.680 (1987), by purchasing a magazine and a video that allegedly contained portrayals of the proscribed type. At that time, ORS 163.680 provided:

"(1) It is unlawful for...

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