Chapter 167 — Chapter 167
223 sections in this chapter.
ORS 167.002 Definitions for ORS 167.002 to 167.027. As used in ORS 167.002 to 167.027, unless the context requires otherwise
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(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 …
ORS 167.005 [Repealed by 1971 c.743 §432]
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[Repealed or reserved.]
ORS 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
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(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; 1…
ORS 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
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(2) Commercial sexual solicitation is a Class A misdemeanor. [2011 c.151 §3; 2013 c.720 §2; 2015 c.98 §1]
ORS 167.010 [Repealed by 1971 c.743 §432]
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[Repealed or reserved.]
ORS 167.012 Promoting prostitution. (1) A person commits the crime of promoting prostitution if, with intent to promote prostitution, the person knowingly
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(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, service…
ORS 167.015 [Repealed by 1971 c.743 §432]
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[Repealed or reserved.]
ORS 167.017 Compelling prostitution. (1) A person commits the crime of compelling prostitution if the person knowingly
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(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…
ORS 167.020 [Repealed by 1971 c.743 §432]
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[Repealed or reserved.]
ORS 167.022 [1971 c.743 §253; repealed by 1979 c.248 §1]
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[Repealed or reserved.]
ORS 167.025 [Repealed by 1971 c.743 §432]
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[Repealed or reserved.]
ORS 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
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(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]
ORS 167.030 [Repealed by 1971 c.743 §432]
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[Repealed or reserved.]
ORS 167.035 [Repealed by 1971 c.743 §432]
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[Repealed or reserved.]
ORS 167.040 [Repealed by 1971 c.743 §432]
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[Repealed or reserved.]
ORS 167.045 [1953 c.641 §§1,7; 1955 c.636 §6; repealed by 1971 c.743 §432]
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[Repealed or reserved.]
ORS 167.050 [1953 c.641 §7; 1955 c.636 §7; 1963 c.353 §1; repealed by 1971 c.743 §432]
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OBSCENITY AND RELATED OFFENSES
ORS 167.051 Definitions for ORS 167.057. As used in ORS 167.057
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(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 …
ORS 167.054 [2007 c.869 §2; repealed by 2011 c.681 §10]
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[Repealed or reserved.]
ORS 167.055 [1955 c.636 §9; 1963 c.513 §1; repealed by 1971 c.743 §432]
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[Repealed or reserved.]
ORS 167.057 Luring a minor. (1) A person commits the crime of luring a minor if the person
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(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…
ORS 167.060 Definitions for ORS 167.060 to 167.095. As used in ORS 167.060 to 167.095, unless the context requires otherwise
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(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…
ORS 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
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(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 …
ORS 167.065 [1971 c.743 §256; repealed by 2007 c.869 §11]
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[Repealed or reserved.]
ORS 167.070 [1971 c.743 §257; repealed by 2007 c.869 §11]
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[Repealed or reserved.]
ORS 167.075 Exhibiting an obscene performance to a minor
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(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…
ORS 167.080 Displaying obscene materials to minors. (1) A person commits the crime of displaying obscene materials to minors if, being the owner, operator or manager of a business or acting in a managerial capacity, the person knowingly or recklessly permits a minor who is not accompanied by the parent or lawful guardian of the minor to enter or remain on the premises, if in that part of the premises where the minor is so permitted to be, there is visibly displayed
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(a) Any picture, photograph, drawing, sculpture or other visual representation or image of a person or portion of the human body that depicts nudity, sexual conduct, sexual excitement or sadomasochistic abuse; or (b) Any book, magazine, paperback, pamphlet or other written or pri…
ORS 167.085 Defenses in prosecutions under ORS 167.075 and 167.080. In any prosecution under ORS 167.075 and 167.080, it is an affirmative defense for the defendant to prove
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(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 s…
ORS 167.087 [1973 c.699 §4; repealed by 2007 c.869 §11]
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[Repealed or reserved.]
ORS 167.089 [1975 c.272 §2; repealed by 2007 c.869 §11]
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[Repealed or reserved.]
ORS 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
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(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…
ORS 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
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(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 nor…
ORS 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]
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[Repealed or reserved.]
ORS 167.105 [Repealed by 1971 c.743 §432]
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GAMBLING OFFENSES
ORS 167.108 Definitions for ORS 167.109 and 167.112. As used in ORS 167.109 and 167.112
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(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 mean…
ORS 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
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(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 fu…
ORS 167.110 [Repealed by 1971 c.743 §432]
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[Repealed or reserved.]
ORS 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
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(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…
ORS 167.114 Application of ORS 167.109 and 167.112 to Oregon Racing Commission. ORS 167.109 and 167.112 do not apply to activities licensed and regulated by the Oregon Racing Commission under ORS chapter 462. [2001 c.502 §5]
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[Repealed or reserved.]
ORS 167.115 [Repealed by 1971 c.743 §432]
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[Repealed or reserved.]
ORS 167.116 Rulemaking for certain exceptions under ORS 167.117. (1) The Oregon State Lottery Commission shall adopt rules to carry out the provisions of ORS 167.117 (9)(c)(E) and (20)(b)
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(2) Devices authorized by the Oregon State Lottery Commission for the purposes described in ORS 167.117 (9)(c)(E) and (20)(b) are exempted from the provisions of 15 U.S.C. 1172. [1999 c.193 §2; 2001 c.502 §6] Note: 167.116 was enacted into law by the Legislative Assembly but was …
ORS 167.117 Definitions for ORS 167.108 to 167.164 and 464.270 to 464.530. As used in ORS 167.108 to 167.164 and 464.270 to 464.530, unless the context requires otherwise
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(1) “Bingo or lotto” means a game, played with cards bearing lines of numbers, in which a player covers or uncovers a number selected from a container, and which is won by a player who is present during the game and who first covers or uncovers the selected numbers in a designate…
ORS 167.118 Certain games or events conducted by charitable, fraternal or religious organizations; rules. (1) When a charitable, fraternal or religious organization is licensed by the Department of Justice to conduct bingo, lotto or raffle games or Monte Carlo events, only the organization or an employee of the organization authorized by the department may receive money or property or otherwise directly profit from the operation of the games, except that
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(a) The organization operating the games may present a prize of money or other property to any player not involved in the administration or management of the games. (b) An organization licensed to conduct Monte Carlo events may contract with a licensed supplier of Monte Carlo eve…
ORS 167.119 [1973 c.788 §3; repealed by 1974 c.7 §2]
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[Repealed or reserved.]
ORS 167.120 [Amended by 1955 c.514 §1; 1969 c.404 §1; repealed by 1971 c.743 §432]
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[Repealed or reserved.]
ORS 167.121 Local authorization of social games. Counties and cities may, by ordinance, authorize the playing or conducting of a social game in a private business, private club or in a place of public accommodation. Such ordinances may provide for regulation or licensing of the social games authorized. [1974 c.7 §3]
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Note: 167.121 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 167 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
ORS 167.122 Unlawful gambling in the second degree. (1) A person commits the crime of unlawful gambling in the second degree if the person knowingly
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(a) Places a bet with a bookmaker; or (b) Participates or engages in unlawful gambling as a player. (2) Unlawful gambling in the second degree is a Class A misdemeanor. [1971 c.743 §264; 1997 c.867 §21]
ORS 167.125 [Amended by 1969 c.404 §2; repealed by 1971 c.743 §432]
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[Repealed or reserved.]
ORS 167.127 Unlawful gambling in the first degree. (1) A person commits the crime of unlawful gambling in the first degree if the person knowingly promotes or profits from unlawful gambling
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(2) Unlawful gambling in the first degree is a Class C felony. [1971 c.743 §265; 1997 c.867 §22]
ORS 167.130 [Repealed by 1971 c.743 §432]
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[Repealed or reserved.]