Offenses Against General Welfare and Animals

ORS 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;

(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, services or something else of value, other than as a prostitute being compensated for personally rendered prostitution services, pursuant to an agreement or understanding that the money, goods, property, services or something else of value 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; 2016 c.10 §1]

Notes of Decisions

Actions of manager of “adult theater” in paying man and woman to perform sex acts before audience constituted violation of this section. State v. Kravitz, 14 Or App 243, 511 P2d 844 (1973), Sup Ct review denied

The corroboration requirement must be met for a conviction for the inchoate crime of attempting to promote prostitution. State v. Montgomery, 26 Or App 817, 554 P2d 578 (1976)

Conviction under this section merged with conviction under charge of compelling prostitution (ORS 167.017) where same evidence was used to convict defendant of both crimes. State v. Williams, 40 Or App 227, 594 P2d 1281 (1979)

Where evidence proving promoting prostitution was part of larger body of evidence proving attempted compelling prostitution, it was error for trial court to separately convict defendant for both promoting prostitution (under this section) and attempted compelling prostitution (under ORS 167.017). State v. Barnett, 42 Or App 69, 600 P2d 877 (1979)

Application of this section to live show does not conflict with section 8, Article I of Oregon Constitution, because focus is on preventing harmful effects of prostitution without regard to presence or absence of circumstances adding expressive element to conduct. State v. Ciancanelli, 339 Or 282, 121 P3d 613 (2005)

Because separate paragraphs of this section do not define separate crimes but, instead, set forth different ways to commit same crime, multiple counts under this section harm same victim, which is general public, and, when read with ORS 161.067, merger of multiple counts is not precluded. State v. Paye, 310 Or App 408, 486 P3d 808 (2021)

COMPLETED CITATIONS: State v. Leach, 6 Or App 154, 487 P2d 114 (1971)

Source

Last accessed
Mar. 11, 2023

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