US Laws, Codes, Statutes & Cases

Chapter 167 — Offenses Against

Public Health, Decency and Animals

 

2007 EDITION

 

PUBLIC HEALTH AND DECENCY OFFENSES

 

CRIMES AND PUNISHMENTS

 

PROSTITUTION AND RELATED OFFENSES

 

167.002     Definitions for ORS 167.002 to 167.027

 

167.007     Prostitution

 

167.012     Promoting prostitution

 

167.017     Compelling prostitution

 

167.027     Evidence required to show place of prostitution

 

OBSCENITY AND RELATED OFFENSES

 

167.051     Definitions for ORS 167.054 and 167.057

 

167.054     Furnishing sexually explicit material to a child

 

167.057     Luring a minor

 

167.060     Definitions for ORS 167.060 to 167.095

 

167.062     Sadomasochistic abuse or sexual conduct in live show

 

167.075     Exhibiting an obscene performance to a minor

 

167.080     Displaying obscene materials to minors

 

167.085     Defenses in prosecutions under ORS 167.075 and 167.080

 

167.090     Publicly displaying nudity or sex for advertising purposes

 

167.095     Defenses in prosecutions under ORS 167.090

 

167.100     Application of ORS 167.060 to 167.100

 

GAMBLING OFFENSES

 

167.108     Definitions for ORS 167.109 and 167.112

 

167.109     Internet gambling

 

167.112     Liability of certain entities engaged in certain financial transactions

 

167.114     Application of ORS 167.109 and 167.112 to Oregon Racing Commission

 

167.116     Rulemaking

 

167.117     Definitions for ORS 167.108 to 167.164 and 464.270 to 464.530

 

167.118     Bingo, lotto or raffle games or Monte Carlo events conducted by charitable, fraternal or religious organizations; rules

 

167.121     Local regulation of social games

 

167.122     Unlawful gambling in the second degree

 

167.127     Unlawful gambling in the first degree

 

167.132     Possession of gambling records in the second degree

 

167.137     Possession of gambling records in the first degree

 

167.142     Defense to possession of gambling records

 

167.147     Possession of a gambling device; defense

 

167.153     Proving occurrence of sporting event in prosecutions of gambling offenses

 

167.158     Lottery prizes forfeited to county; exception; action by county to recover

 

167.162     Gambling device as public nuisance; defense; seizure and destruction

 

167.164     Possession of gray machine; penalty; defense

 

167.166     Removal of unauthorized video lottery game terminal

 

167.167     Cheating

 

OFFENSES INVOLVING CONTROLLED SUBSTANCES

 

167.203     Definitions for ORS 167.212 to 167.252

 

167.212     Tampering with drug records

 

167.222     Frequenting a place where controlled substances are used

 

167.238     Prima facie evidence permitted in prosecutions of drug offenses

 

167.243     Exemption contained in drug laws as defense to drug offenses

 

167.248     Search and seizure of conveyance in which drugs unlawfully transported or possessed

 

167.252     Acquittal or conviction under federal law as precluding state prosecution

 

167.262     Adult using minor in commission of controlled substance offense

 

OFFENSES AGAINST ANIMALS

 

167.310     Definitions for ORS 167.310 to 167.351

 

167.312     Research and animal interference

 

167.315     Animal abuse in the second degree

 

167.320     Animal abuse in the first degree

 

167.322     Aggravated animal abuse in the first degree

 

167.325     Animal neglect in the second degree

 

167.330     Animal neglect in the first degree

 

167.332     Prohibition against possession of domestic animal

 

167.333     Sexual assault of animal

 

167.334     Evaluation of person convicted of violating ORS 167.333

 

167.335     Exemption from ORS 167.315 to 167.333

 

167.337     Interfering with law enforcement animal

 

167.339     Assaulting law enforcement animal

 

167.340     Animal abandonment

 

167.345     Authority to enter premises; search warrant; notice of impoundment of animal; damage resulting from entry

 

167.347     Forfeiture of animal to animal care agency prior to disposition of criminal charge

 

167.348     Placement of forfeited animal; preference

 

167.350     Forfeiture of rights in mistreated animal; costs; disposition of animal

 

167.351     Trading in nonambulatory livestock

 

167.352     Interfering with assistance, search and rescue or therapy animal

 

167.355     Involvement in animal fighting

 

167.360     Definitions for ORS 167.360 to 167.375

 

167.365     Dogfighting

 

167.370     Participation in dogfighting

 

167.372     Possessing dogfighting paraphernalia

 

167.375     Seizure of fighting dogs; procedure

 

167.385     Unauthorized use of livestock animal

 

167.387     Definitions for ORS 167.387 and 167.388

 

167.388     Interference with livestock production

 

167.390     Commerce in fur of domestic cats and dogs prohibited; exception

 

OFFENSES INVOLVING TOBACCO

 

167.400     Tobacco possession by minors prohibited

 

167.401     Tobacco purchase by minors prohibited; exceptions

 

167.402     Locating tobacco vending machines where minors have access prohibited

 

167.404     Limitation on right of city or county to regulate tobacco vending machines

 

167.407     Locating tobacco products where customers can access without store employee prohibited

 

OFFENSES INVOLVING FIGHTING BIRDS

 

167.426     Definitions for ORS 167.426 to 167.439

 

167.428     Cockfighting

 

167.431     Participation in cockfighting

 

167.433     Seizure of fighting birds; procedure

 

167.435     Forfeiture of rights in fighting birds or property

 

167.437     Constructive possession of fighting birds; procedure

 

167.439     Forcible recovery of fighting bird

 

OFFENSES INVOLVING UNUSED PROPERTY MARKETS

 

167.500     Definitions for ORS 167.502, 167.506 and 167.508

 

167.502     Sale of certain items at unused property market prohibited; exceptions

 

167.506     Recordkeeping requirements

 

167.508     Exemptions from ORS 167.502 and 167.506

 

MISCELLANEOUS

 

167.808     Unlawful possession of inhalants

 

167.810     Creating a hazard

 

167.820     Concealing the birth of an infant

 

167.822     Improper repair of vehicle inflatable restraint system

 

167.824     Unlawful possession of undeployed air bags or air bag canisters

 

167.830     Employment of minors in place of public entertainment

 

167.840     Application of ORS 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 deviate 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]

 

      167.005 [Repealed by 1971 c.743 §432]

 

      167.007 Prostitution. (1) A person commits the crime of prostitution if:

      (a) The person engages in or offers or agrees to engage in sexual conduct or sexual contact in return for a fee; or

      (b) The person pays or offers or agrees to pay a fee to engage in sexual conduct or sexual contact.

      (2) Prostitution is a Class A misdemeanor. [1971 c.743 §250; 1973 c.52 §1; 1973 c.699 §6]

      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; or

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

      (c) Receives or agrees to receive money or other property, other than as a prostitute being compensated for personally rendered prostitution services, pursuant to an agreement or understanding that the money or other property 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]

 

      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

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

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

      (2) Compelling prostitution is a Class B felony. [1971 c.743 §252]

 

      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 167.054 and 167.057. As used in ORS 167.054 and 167.057:

      (1) “Child” means a person under 13 years of age.

      (2) “Furnishes” means to sell, give, rent, loan or otherwise provide.

      (3) “Minor” means a person under 18 years of age.

      (4) “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.

      (5) “Sexually explicit material” means material containing visual images of:

      (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; or

      (c) Penetration of the vagina or rectum by any object other than as part of a personal hygiene practice. [2007 c.869 §1]

 

      Note: 167.051, 167.054 and 167.057 were enacted into law by the Legislative Assembly but were 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.

 

      167.054 Furnishing sexually explicit material to a child. (1) A person commits the crime of furnishing sexually explicit material to a child if the person intentionally furnishes a child, or intentionally permits a child to view, sexually explicit material and the person knows that the material is sexually explicit material.

      (2) A person is not liable to prosecution for violating subsection (1) of this section if:

      (a) The person is an employee of a bona fide museum, school, law enforcement agency, medical treatment provider or public library, acting within the scope of regular employment; or

      (b) The person furnishes, or permits the viewing of, material the sexually explicit portions of which form merely an incidental part of an otherwise nonoffending whole and serve some purpose other than titillation.

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

      (a) That the sexually explicit material was furnished, or the viewing was permitted, solely for the purpose of sex education, art education or psychological treatment and was furnished or permitted by the child’s parent or legal guardian, by an educator or treatment provider or by another person acting on behalf of the parent, legal guardian, educator or treatment provider;

      (b) That the defendant had reasonable cause to believe that the person to whom the sexually explicit material was furnished, or who was permitted to view the material, was not a child; or

      (c) That the defendant was less than three years older than the child at the time of the alleged offense.

      (4) In a prosecution under subsection (1) of this section, it is not a defense that the person to whom the sexually explicit material was furnished or who was permitted to view the material was not a child but was a law enforcement officer posing as a child.

      (5) Furnishing sexually explicit material to a child is a Class A misdemeanor. [2007 c.869 §2]

 

      Note: See note under 167.051.

 

      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 visual representation or explicit verbal description or narrative account of sexual conduct; and

      (b) Furnishes or uses the representation, description or account for the purpose of:

      (A) Arousing or satisfying the sexual desires of the person or the minor; or

      (B) 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 was not a minor; or

      (c) That the defendant was less than three years older than the minor at the time of the alleged offense.

      (4) In a prosecution under subsection (1) of this section, it is not a defense that the person to whom the representation, description or account was furnished or with whom the representation, description or account was used was not a minor but was a law enforcement officer posing as a minor.

      (5) Luring a minor is a Class C felony. [2007 c.869 §3]

 

      Note: See note under 167.051.

 

      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 161.635 and 161.655, a person convicted under this section may be sentenced to pay a fine, fixed by the court, not exceeding $10,000. [1971 c.743 §258]

 

      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:

      (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 printed matter, however reproduced, that reveals a person or portion of the human body that depicts nudity, sexual conduct, sexual excitement or sadomasochistic abuse.

      (2) Displaying obscene materials to minors is a Class A misdemeanor. Notwithstanding ORS 161.635 and 161.655, a person convicted under this section may be sentenced to pay a fine, fixed by the court, not exceeding $10,000. [1971 c.743 §259]

 

      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:

      (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 or 646.605 to 646.652 by reason of their processing transactions arising out of activities that are illegal under ORS 167.109 or collecting debts arising out of such activities. [2001 c.502 §3]