ORS 167.085
Defenses in prosecutions under ORS 167.075 and 167.080

In any prosecution under ORS 167.075 (Exhibiting an obscene performance to a minor) and 167.080 (Displaying obscene materials to minors), 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]

Source: Section 167.085 — Defenses in prosecutions under ORS 167.075 and 167.080, https://www.­oregonlegislature.­gov/bills_laws/ors/ors167.­html.

Notes of Decisions

State has the burden of proving elements of obscenity beyond a reasonable doubt. Film Follies v. Haas, 22 Or App 365, 539 P2d 669 (1975)

Defense available for certain instances of “showing, exhibition or display” of obscene materials to minors is insufficient to prevent prohibitory statute ([former] ORS 167.065) from being overbroad because defense does not reach all protected actions constituting “furnishing” of obscene materials under [former] ORS 167.065. State v. Maynard, 168 Or App 118, 5 P3d 1142 (2000), Sup Ct review denied

Law Review Citations

55 OLR 383-391 (1976)

167.002
Definitions for ORS 167.002 to 167.027 167.007
Prostitution 167.008
Commercial sexual solicitation 167.012
Promoting prostitution 167.017
Compelling prostitution 167.027
Evidence required to show place of prostitution 167.051
Definitions for ORS 167.057 167.057
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 167.100 167.108
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 for certain exceptions under ORS 167.117 167.117
Definitions for ORS 167.108 to 167.164 and 464.270 to 464.530 167.118
Certain games or events conducted by charitable, fraternal or religious organizations 167.121
Local authorization 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 167.153
Proving occurrence of sporting event in prosecutions of gambling offenses 167.158
Lottery prizes forfeited to county 167.162
Gambling device as public nuisance 167.164
Possession of a gray machine 167.166
Removal of unauthorized video lottery game terminal 167.167
Cheating 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
Preclusion of state prosecution 167.262
Use of minor in controlled substance or marijuana item offense 167.305
Legislative findings 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 same genus or domestic animal 167.333
Sexual assault of an 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 a law enforcement animal 167.340
Animal abandonment 167.341
Encouraging sexual assault of an animal 167.343
Unlawful tethering 167.345
Authority to enter premises or motor vehicle 167.347
Forfeiture of animal to animal care agency prior to disposition of criminal action 167.348
Placement of forfeited animal 167.349
Encouraging animal abuse 167.350
Forfeiture of rights in mistreated animal 167.351
Trading in nonambulatory livestock 167.352
Interfering with an assistance, a search and rescue or a therapy animal 167.355
Involvement in animal fighting 167.360
Definitions for ORS 167.360 to 167.372 167.365
Dogfighting 167.370
Participation in dogfighting 167.372
Possessing dogfighting paraphernalia 167.374
Possession or control of dogs for purpose of reproduction 167.376
Standards of care applicable to dog breeders 167.383
Equine tripping 167.385
Unauthorized use of a 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 167.426
Definitions for ORS 167.426 to 167.439 167.428
Cockfighting 167.431
Participation in cockfighting 167.433
Seizure of fighting birds or source birds 167.435
Forfeiture of rights in fighting birds, source birds or property 167.437
Constructive possession of fighting birds or source birds 167.439
Forcible recovery of a fighting bird 167.500
Definitions for ORS 167.502, 167.506 and 167.508 167.502
Sale of certain items at unused property market prohibited 167.506
Recordkeeping requirements 167.508
Exemptions from ORS 167.502 and 167.506 167.747
Definitions for ORS 167.750 to 167.780 167.750
Definition for ORS 167.755 and 431A.175 167.755
Selling tobacco products or inhalant delivery systems to person under 21 years of age 167.760
Purchase or attempted purchase of tobacco products or inhalant delivery system by person under 21 years of age 167.763
Entry or attempted entry of premises by person under 21 years of age for purpose of assisting with investigation 167.765
Retail store location of tobacco products or inhalant delivery systems 167.770
Display of sign 167.775
Local regulation of vending machines 167.780
Sale or dispensing of tobacco products or inhalant delivery systems by vending machine 167.808
Unlawful possession of inhalants 167.810
Creating a hazard 167.820
Concealing the birth of an infant 167.822
Improper repair of a 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
Green check means up to date. Up to date

Current through early 2024

§ 167.085’s source at oregon​.gov