limited

167.830 limited

PROSTITUTION AND RELATED OFFENSES

����� 167.002 Definitions for ORS 167.002 to 167.027. As used in ORS 167.002 to 167.027, unless the context requires otherwise:

����� (1) �Place of prostitution� means any place where prostitution is practiced.

����� (2) �Prostitute� means a male or female person who engages in sexual conduct or sexual contact for a fee.

����� (3) �Prostitution enterprise� means an arrangement whereby two or more prostitutes are organized to conduct prostitution activities.

����� (4) �Sexual conduct� means sexual intercourse or oral or anal sexual intercourse.

����� (5) �Sexual contact� means any touching of the sexual organs or other intimate parts of a person not married to the actor for the purpose of arousing or gratifying the sexual desire of either party. [1971 c.743 �249; 1973 c.699 �5; 2017 c.318 �14]

����� 167.005 [Repealed by 1971 c.743 �432]

����� 167.007 Prostitution. (1) A person commits the crime of prostitution if the person engages in, or offers or agrees to engage in, sexual conduct or sexual contact in return for a fee.

����� (2) Prostitution is a Class A misdemeanor.

����� (3) It is an affirmative defense to prosecution under this section that the defendant, at the time of the alleged offense, was a victim of the crime of trafficking in persons as described in ORS 163.266 (1)(b) or (c). [1971 c.743 �250; 1973 c.52 �1; 1973 c.699 �6; 2011 c.151 �1; 2017 c.246 �1]

����� 167.008 Commercial sexual solicitation. (1) A person commits the crime of commercial sexual solicitation if the person pays, or offers or agrees to pay, a fee to engage in sexual conduct or sexual contact.

����� (2) Commercial sexual solicitation is a Class A misdemeanor. [2011 c.151 �3; 2013 c.720 �2; 2015 c.98 �1]

����� 167.010 [Repealed by 1971 c.743 �432]

����� 167.012 Promoting prostitution. (1) A person commits the crime of promoting prostitution if, with intent to promote prostitution, the person knowingly:

����� (a) Owns, controls, manages, supervises or otherwise maintains a place of prostitution or a prostitution enterprise;

����� (b) Induces or causes a person to engage in prostitution or to remain in a place of prostitution;

����� (c) Receives or agrees to receive money, goods, property, services or something else of value, other than as a prostitute being compensated for personally rendered prostitution services, pursuant to an agreement or understanding that the money, goods, property, services or something else of value is derived from a prostitution activity; or

����� (d) Engages in any conduct that institutes, aids or facilitates an act or enterprise of prostitution.

����� (2) Promoting prostitution is a Class C felony. [1971 c.743 �251; 2016 c.10 �1]

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

����� 167.017 Compelling prostitution. (1) A person commits the crime of compelling prostitution if the person knowingly:

����� (a) Uses force or intimidation to compel another to engage in prostitution or attempted prostitution;

����� (b) Induces or causes a person under 18 years of age to engage in prostitution;

����� (c) Aids or facilitates the commission of prostitution or attempted prostitution by a person under 18 years of age; or

����� (d) Induces or causes the spouse, child or stepchild of the person to engage in prostitution.

����� (2) Compelling prostitution is a Class B felony.

����� (3) In a prosecution under subsection (1)(b) or (c) of this section, the state is not required to prove that the defendant knew the other person was under 18 years of age and it is no defense that the defendant did not know the person�s age or that the defendant reasonably believed the person to be older than 18 years of age. [1971 c.743 �252; 2011 c.334 �1; 2013 c.271 �1]

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

����� 167.022 [1971 c.743 �253; repealed by 1979 c.248 �1]

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

����� 167.027 Evidence required to show place of prostitution. (1) On the issue of whether a place is a place of prostitution as defined in ORS 167.002, its general repute and repute of persons who reside in or frequent the place shall be competent evidence.

����� (2) Notwithstanding ORS 136.655, in any prosecution under ORS 167.012 and 167.017, spouses are competent and compellable witnesses for or against either party. [1971 c.743 �254]

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

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

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

����� 167.045 [1953 c.641 ��1,7; 1955 c.636 �6; repealed by 1971 c.743 �432]

����� 167.050 [1953 c.641 �7; 1955 c.636 �7; 1963 c.353 �1; repealed by 1971 c.743 �432]

OBSCENITY AND RELATED OFFENSES

����� 167.051 Definitions for ORS 167.057. As used in ORS 167.057:

����� (1) �Furnishes� means to sell, give, rent, loan or otherwise provide.

����� (2) �Minor� means a person under 18 years of age.

����� (3) �Sexual conduct� means:

����� (a) Human masturbation or sexual intercourse;

����� (b) Genital-genital, oral-genital, anal-genital or oral-anal contact, whether between persons of the same or opposite sex or between humans and animals;

����� (c) Penetration of the vagina or rectum by any object other than as part of a medical diagnosis or as part of a personal hygiene practice; or

����� (d) Touching of the genitals, pubic areas or buttocks of the human male or female or of the breasts of the human female. [2007 c.869 �1; 2011 c.681 �1]

����� 167.054 [2007 c.869 �2; repealed by 2011 c.681 �10]

����� 167.055 [1955 c.636 �9; 1963 c.513 �1; repealed by 1971 c.743 �432]

����� 167.057 Luring a minor. (1) A person commits the crime of luring a minor if the person:

����� (a) Furnishes to, or uses with, a minor, a police officer posing as a minor or an agent of a police officer posing as a minor, a visual representation or explicit verbal description or narrative account of sexual conduct for the purpose of inducing the minor or purported minor to engage in sexual conduct; or

����� (b) Engages in sexual conduct in the immediate presence of a minor for the purpose of inducing the minor to engage in sexual conduct.

����� (2) A person is not liable to prosecution for violating subsection (1) of this section if the person furnishes or uses a representation, description or account of sexual conduct that forms merely an incidental part of an otherwise nonoffending whole and serves some purpose other than titillation.

����� (3) In a prosecution under subsection (1) of this section, it is an affirmative defense:

����� (a) That the representation, description or account was furnished or used for the purpose of psychological or medical treatment and was furnished by a treatment provider or by another person acting on behalf of the treatment provider;

����� (b) That the defendant had reasonable cause to believe that the person to whom the representation, description or account was furnished or with whom the representation, description or account was used, or the person in the immediate presence of whom the defendant engaged in sexual conduct, was not a minor; or

����� (c) That the defendant was less than three years older than the minor or, in the case of a police officer or agent of a police officer posing as a minor, the age of the purported minor as reported to the defendant at the time of the alleged offense.

����� (4) Luring a minor is a Class C felony.

����� (5)(a) The court may designate luring a minor as a sex crime under ORS 163A.005 if the court determines that:

����� (A) The offender reasonably believed the minor or, in the case of a police officer or agent of a police officer posing as a minor, the purported minor to be more than five years younger than the offender or under 16 years of age; and

����� (B) Given the nature of the offense, the age of the minor or purported minor as reported to the defendant and the person�s criminal history, designation of the offense as a sex crime is necessary for the safety of the community.

����� (b) The court shall indicate the designation and the findings supporting the designation in the judgment.

����� (6) As used in this section, �police officer� has the meaning given that term in ORS 181A.355. [2007 c.869 �3; 2011 c.681 �2; 2013 c.293 �1; 2015 c.101 �1; 2023 c.198 �2]

����� 167.060 Definitions for ORS 167.060 to 167.095. As used in ORS 167.060 to 167.095, unless the context requires otherwise:

����� (1) �Advertising purposes� means purposes of propagandizing in connection with the commercial sale of a product or type of product, the commercial offering of a service, or the commercial exhibition of an entertainment.

����� (2) �Displays publicly� means the exposing, placing, posting, exhibiting, or in any fashion displaying in any location, whether public or private, an item in such a manner that it may be readily seen and its content or character distinguished by normal unaided vision viewing it from a public thoroughfare, depot or vehicle.

����� (3) �Furnishes� means to sell, give, rent, loan or otherwise provide.

����� (4) �Minor� means an unmarried person under 18 years of age.

����� (5) �Nudity� means uncovered, or less than opaquely covered, post-pubertal human genitals, pubic areas, the post-pubertal human female breast below a point immediately above the top of the areola, or the covered human male genitals in a discernibly turgid state. For purposes of this definition, a female breast is considered uncovered if the nipple only or the nipple and areola only are covered.

����� (6) �Obscene performance� means a play, motion picture, dance, show or other presentation, whether pictured, animated or live, performed before an audience and which in whole or in part depicts or reveals nudity, sexual conduct, sexual excitement or sadomasochistic abuse, or which includes obscenities or explicit verbal descriptions or narrative accounts of sexual conduct.

����� (7) �Obscenities� means those slang words currently generally rejected for regular use in mixed society, that are used to refer to genitals, female breasts, sexual conduct or excretory functions or products, either that have no other meaning or that in context are clearly used for their bodily, sexual or excretory meaning.

����� (8) �Public thoroughfare, depot or vehicle� means any street, highway, park, depot or transportation platform, or other place, whether indoors or out, or any vehicle for public transportation, owned or operated by government, either directly or through a public corporation or authority, or owned or operated by any agency of public transportation that is designed for the use, enjoyment or transportation of the general public.

����� (9) �Sadomasochistic abuse� means flagellation or torture by or upon a person who is nude or clad in undergarments or in revealing or bizarre costume, or the condition of being fettered, bound or otherwise physically restrained on the part of one so clothed.

����� (10) �Sexual conduct� means human masturbation, sexual intercourse, or any touching of the genitals, pubic areas or buttocks of the human male or female, or the breasts of the female, whether alone or between members of the same or opposite sex or between humans and animals in an act of apparent sexual stimulation or gratification.

����� (11) �Sexual excitement� means the condition of human male or female genitals or the breasts of the female when in a state of sexual stimulation, or the sensual experiences of humans engaging in or witnessing sexual conduct or nudity. [1971 c.743 �255]

����� 167.062 Sadomasochistic abuse or sexual conduct in live show. (1) It is unlawful for any person to knowingly engage in sadomasochistic abuse or sexual conduct in a live public show.

����� (2) Violation of subsection (1) of this section is a Class A misdemeanor.

����� (3) It is unlawful for any person to knowingly direct, manage, finance or present a live public show in which the participants engage in sadomasochistic abuse or sexual conduct.

����� (4) Violation of subsection (3) of this section is a Class C felony.

����� (5) As used in ORS 167.002, 167.007 and this section unless the context requires otherwise:

����� (a) �Live public show� means a public show in which human beings, animals, or both appear bodily before spectators or customers.

����� (b) �Public show� means any entertainment or exhibition advertised or in some other fashion held out to be accessible to the public or member of a club, whether or not an admission or other charge is levied or collected and whether or not minors are admitted or excluded. [1973 c.699 ��2,3; 2007 c.869 �9]

����� 167.065 [1971 c.743 �256; repealed by 2007 c.869 �11]

����� 167.070 [1971 c.743 �257; repealed by 2007 c.869 �11]

����� 167.075 Exhibiting an obscene performance to a minor.

(1) A person commits the crime of exhibiting an obscene performance to a minor if the minor is unaccompanied by the parent or lawful guardian of the minor, and for a monetary consideration or other valuable commodity or service, the person knowingly or recklessly:

����� (a) Exhibits an obscene performance to the minor; or

����� (b) Sells an admission ticket or other means to gain entrance to an obscene performance to the minor; or

����� (c) Permits the admission of the minor to premises whereon there is exhibited an obscene performance.

����� (2) No employee is liable to prosecution under this section or under any city or home-rule county ordinance for exhibiting or possessing with intent to exhibit any obscene motion picture provided the employee is acting within the scope of regular employment at a showing open to the public.

����� (3) As used in this section, �employee� means any person regularly employed by the owner or operator of a motion picture theater if the person has no financial interest other than salary or wages in the ownership or operation of the motion picture theater, no financial interest in or control over the selection of the motion pictures shown in the theater, and is working within the motion picture theater where the person is regularly employed, but does not include a manager of the motion picture theater.

����� (4) Exhibiting an obscene performance to a minor is a Class A misdemeanor. Notwithstanding ORS