and 167.080, it is an affirmative defense for the defendant to prove:

167.075 and 167.080, it is an affirmative defense for the defendant to prove:

����� (1) That the defendant was in a parental or guardianship relationship with the minor;

����� (2) That the defendant was a bona fide school, museum or public library, or was acting in the course of employment as an employee of such organization or of a retail outlet affiliated with and serving the educational purpose of such organization;

����� (3) That the defendant was charged with furnishing, showing, exhibiting or displaying an item, those portions of which might otherwise be contraband forming merely an incidental part of an otherwise nonoffending whole, and serving some purpose therein other than titillation; or

����� (4) That the defendant had reasonable cause to believe that the person involved was not a minor. [1971 c.743 �260; 1993 c.18 �27; 2001 c.607 �1]

����� 167.087 [1973 c.699 �4; repealed by 2007 c.869 �11]

����� 167.089 [1975 c.272 �2; repealed by 2007 c.869 �11]

����� 167.090 Publicly displaying nudity or sex for advertising purposes. (1) A person commits the crime of publicly displaying nudity or sex for advertising purposes if, for advertising purposes, the person knowingly:

����� (a) Displays publicly or causes to be displayed publicly a picture, photograph, drawing, sculpture or other visual representation or image of a person or portion of the human body that depicts nudity, sadomasochistic abuse, sexual conduct or sexual excitement, or any page, poster or other written or printed matter bearing such representation or a verbal description or narrative account of such items or activities, or any obscenities; or

����� (b) Permits any display described in this section on premises owned, rented or operated by the person.

����� (2) Publicly displaying nudity or sex for advertising purposes is a Class A misdemeanor. [1971 c.743 �261]

����� 167.095 Defenses in prosecutions under ORS 167.090. In any prosecution for violation of ORS 167.090, it shall be an affirmative defense for the defendant to prove:

����� (1) That the public display, even though in connection with a commercial venture, was primarily for artistic purposes or as a public service; or

����� (2) That the public display was of nudity, exhibited by a bona fide art, antique or similar gallery or exhibition, and visible in a normal display setting. [1971 c.743 �262]

����� 167.100 Application of ORS 167.060 to 167.100. ORS 167.060 to 167.100 shall be applicable and uniform throughout the state and all political subdivisions and municipalities therein, and no local authority shall enact any ordinances, rules or regulations in conflict with the provisions thereof. [1971 c.743 �262a]

����� 167.105 [Repealed by 1971 c.743 �432]

GAMBLING OFFENSES

����� 167.108 Definitions for ORS 167.109 and 167.112. As used in ORS 167.109 and 167.112:

����� (1) �Credit� and �credit card� have the meaning given those terms under the federal Consumer Credit Protection Act (P.L. 90-321, 82 Stat. 146, 15 U.S.C. 1601).

����� (2) �Electronic funds transfer� has the meaning given that term in ORS 293.525.

����� (3) �Financial institution� has the meaning given that term in ORS 706.008.

����� (4) �Money transmission� has the meaning given that term in ORS 717.200. [2001 c.502 �4]

����� 167.109 Internet gambling. (1) A person engaged in an Internet gambling business may not knowingly accept, in connection with the participation of another person in unlawful gambling using the Internet:

����� (a) Credit, or the proceeds of credit, extended to or on behalf of such other person, including credit extended through the use of a credit card;

����� (b) An electronic funds transfer or funds transmitted by or through a money transmission business, or the proceeds of an electronic funds transfer or money transmission service, from or on behalf of the other person;

����� (c) Any check, draft or similar instrument that is drawn by or on behalf of the other person and is drawn on or payable at or through any financial institution; or

����� (d) The proceeds of any other form of financial transaction that involves a financial institution as a payor or financial intermediary on behalf of or for the benefit of the other person.

����� (2) Violation of subsection (1) of this section is a Class C felony. [2001 c.502 �2]

����� 167.110 [Repealed by 1971 c.743 �432]

����� 167.112 Liability of certain entities engaged in certain financial transactions. Notwithstanding any other provision of law, a creditor, credit card issuer, financial institution, operator of a terminal at which an electronic funds transfer may be initiated, money transmission business or any national, regional or local network utilized to effect a credit transaction, electronic funds transfer or money transmission service that is not liable under ORS 167.109:

����� (1) May collect on any debt arising out of activities that are illegal under ORS 167.109;

����� (2) Shall not be deemed to be participating in any activities that are illegal under ORS 167.109 by reason of their processing transactions arising out of such activities or collecting debts arising out of such activities; and

����� (3) Shall not be liable under any provision of ORS 166.715 to 166.735, 336.184 or 646.605 to