Offenses Against Persons

ORS 163.465
Public indecency

(1)

A person commits the crime of public indecency if while in, or in view of, a public place the person performs:

(a)

An act of sexual intercourse;

(b)

An act of oral or anal sexual intercourse;

(c)

Masturbation; or

(d)

An act of exposing the genitals of the person with the intent of arousing the sexual desire of the person or another person.
(2)(a) Public indecency is a Class A misdemeanor.

(b)

Notwithstanding paragraph (a) of this subsection, public indecency is a Class C felony if the person has a prior conviction for public indecency or a crime described in ORS 163.355 (Rape in the third degree) to 163.445 (Sexual misconduct) or for a crime in another jurisdiction that, if committed in this state, would constitute public indecency or a crime described in ORS 163.355 (Rape in the third degree) to 163.445 (Sexual misconduct). [1971 c.743 §120; 1999 c.962 §1; 2005 c.434 §1; 2017 c.318 §10; 2019 c.65 §1]

Notes of Decisions

A theatre which admits persons 18 years or older and where patrons are forewarned as to the nature of the performance is not a public place. State v. Brooks, 275 Or 171, 550 P2d 440 (1976)

Where officers walked onto property and peered into defendant’s car, observing defendant and companion engaged in sexual act, which defendant conceded could not lawfully be performed in public place, judgment of acquittal on charge of public indecency was required as necessary element of public indecency is that crime be committed while person committing it is in or in view of public place. State v. Culmsee, 91 Or App 63, 754 P2d 11 (1988), Sup Ct review denied

This section does not fall within either exception in United States Sentencing Guidelines §4A1.2(c) and was thus properly included in defendant’s criminal history for sentencing purposes. U.S. v. Martinez, 905 F2d 251 (9th Cir. 1990)

Where city ordinance did not require culpable mental state for indecent exposure, ordinance did not conflict with this section because legislature did not intend to permit conduct not prohibited by this section. City of Portland v. Jackson, 316 Or 143, 850 P2d 1093 (1993)

Previous finding of guilty except for insanity is not “prior conviction” for purposes of elevating class of offense. State v. Saunders, 195 Or App 357, 97 P3d 1261 (2004), Sup Ct review denied

Law Review Citations

51 OLR 435 (1972); 29 WLR 129 (1993)

Source

Last accessed
Mar. 11, 2023

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