Offenses Against General Welfare and Animals

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.

(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 (Trafficking in persons) (1)(b) or (c). [1971 c.743 §250; 1973 c.52 §1; 1973 c.699 §6; 2011 c.151 §1; 2017 c.246 §1]

Notes of Decisions

Absent evidence that defendant offered to engage in sexual conduct for a fee, defendant could not be found guilty of attempt to commit prostitution within meaning of ORS 161.405. State v. Brown, 31 Or App 501, 570 P2d 1001 (1977)

Complaint which alleged that defendants did "offer and agree to engage in sexual conduct in return for a fee" stated facts sufficient to state a crime. State v. East, 31 Or App 743, 571 P2d 195 (1977)

Complaint was not defective for failing to allege that defendant "intentionally" agreed to pay fee for sexual conduct. State v. Huie, 292 Or 335, 638 P2d 480 (1982)

Where city's mandatory minimum penalty is harsher than state law minimum for same conduct, city's penalty is invalid under Article XI, Section 2 of Oregon Constitution as incompatible with state criminal law. City of Portland v. Dollarhide, 300 Or 490, 714 P2d 220 (1986)

This section falls within historical exception to section 8, Article I of Oregon Constitution, which that provision demonstrably was not intended to reach. State v. Grimes, 85 Or App 159, 735 P2d 1277 (1987), Sup Ct review denied

For venue purposes, offer or agreement transmitted over telephone simultaneously occurs where each party to conversation is located. State v. Harris, 242 Or App 438, 256 P3d 156 (2011), Sup Ct review denied

"Fee" means something that has economic value and that is exchanged in a transaction that is commercial in character. State v. Palomo, 256 Or App 498, 301 P3d 439 (2013)

Law Review Citations

55 OLR 553-566 (1976); 50 WLR 115 (2013)

§§ 167.002 to 167.027

Law Review Citations

51 OLR 428, 435, 523 (1972)

Chapter 167

Atty. Gen. Opinions

Exemption of nuisance laws from constitutional requirement for payments based on government regulations restricting use of property, (2001) Vol 49, p 284

Law Review Citations

51 OLR 427-637 (1972)


Source

Last accessed
Jun. 26, 2021