Offenses Against General Welfare and Animals

ORS 167.080
Displaying obscene materials to minors


(1)

A person commits the crime of displaying obscene materials to minors if, being the owner, operator or manager of a business or acting in a managerial capacity, the person knowingly or recklessly permits a minor who is not accompanied by the parent or lawful guardian of the minor to enter or remain on the premises, if in that part of the premises where the minor is so permitted to be, there is visibly displayed:

(a)

Any picture, photograph, drawing, sculpture or other visual representation or image of a person or portion of the human body that depicts nudity, sexual conduct, sexual excitement or sadomasochistic abuse; or

(b)

Any book, magazine, paperback, pamphlet or other written or printed matter, however reproduced, that reveals a person or portion of the human body that depicts nudity, sexual conduct, sexual excitement or sadomasochistic abuse.

(2)

Displaying obscene materials to minors is a Class A misdemeanor. Notwithstanding ORS 161.635 (Fines for misdemeanors) and 161.655 (Fines for corporations), a person convicted under this section may be sentenced to pay a fine, fixed by the court, not exceeding $10,000. [1971 c.743 §259]

Law Review Citations

53 OLR 390 (1974)

§§ 167.060 to 167.100

Notes of Decisions

Prohibitions against obscene live performance or distribution of obscene material do not violate federal or state constitutional right of free speech. Film Follies v. Haas, 22 Or App 365, 539 P2d 669 (1975)

In a federal obscenity prosecution, it was a question for the trial court whether the people of Oregon approved of conduct then permitted by these sections, or whether community standards were at variance with these sections. U.S. v. Danley, 523 F2d 369 (1975)

Law Review Citations

51 OLR 428, 429, 523, 537-552, 556 (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