Offenses Against General Welfare and Animals

ORS 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 (Definitions for ORS 167), 167.007 (Prostitution) 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]

Notes of Decisions

State is not required to prove that performance violates standards applicable to establish material as obscene. State v. Tidyman, 54 Or App 640, 635 P2d 1355 (1981), Sup Ct review denied

Proof only that show spectators touched defendant while placing money in defendant’s costume was not adequate to show defendant was apparently sexually stimulated or gratified. State v. House, 299 Or 78, 698 P2d 951 (1985)

This section is facially invalid under section 8, Article I of Oregon Constitution. State v. Ciancanelli, 339 Or 282, 121 P3d 613 (2005)

Source

Last accessed
May 30, 2023

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