American Civil Liberties Union, et al v. John Kroger, et al

Filing 20

Submitted (ECF) Opening brief for review. Submitted by Appellants American Civil Liberties Union of Oregon, Cascade AIDS Project, Candace Morgan and Planned Parenthood of the Columbia/Willamette, Inc.. Date of service: 07/17/2009. [6996434] (Runkles-Pearson, Patricia) [Entered: 07/17/2009 05:02 PM]

American Civil Liberties Union, et al v. John Kroger, et al

Doc. 20 Att. 1

PUBLIC HETH AN DECENCY OFFENSES
PROSTITUION AND RELATED OFFENSES
167.002 Defitions for ORS 167.002 to

167.051

167.017 Compellg prostitution. (1) A
person commits the crime of compellng

prostitution if the person knowingly:

167.027. As used in ORS 167.002 to 167.027,
unless the context requires otherwise:

another to engage in prostitution; or

(a) Uses force or intimidation to compel

(b Induces or causes a person under (1) "Place of prostitution" means any years )of age to engage in prostitution; or 18 place where prostitution is practiced.

person who engages in sexual conduct or sexual contact for a fee.

(2) "Prostitute" means a male or female

stepchild of the person to engage in prostitution.

(c) Induces or causes the spouse, child or

arangement whereby two or more prostitutes are organzed to conduct prostitution activities. (4) "Sexual conduct" means sexual inter-

(3) "Prostitution enterprise" means an

(2) Compellng prostitution is a Class B
felony. (1971 c.743 §252J

167.02 (Rpealed by 1971 c. 7 43 §432J
167.02 (1971 c.743 §253; repealed by 1979 c.248 §lJ
167.02 (Rpealed by 1971 c.743 §432)

course or deviate sexual intercourse. (5) "Sexual contact" means any touching

167.027 Evidence requied to show
place of prostitution. (1) On the issue of

of the sexual organs or other intimate parts defined in ORS 167.002, its general repute of a person not married to the actor for the and repute of persons who reside in or frepurose of arousing or gratifying the sexual
167.00 (Repealed by 1971 c.743 §432J

whether a place is a place of prostitution as
quent the place shall be competent evidence.

desire of either party. (1971 c.743 §249: 1973 0.699 §5J

prosecution under ORS 167.012 and 167.017, spouses are coinpetent and compellable witnesses for or against either party. (1971 c.743
§254J
167.03 (Rpealed by 1971 c.743 §432J

(2) Notwthstanding ORS 136.655, in any

167.007 Prostitution. (1) A person com-

mits the crime of prostitution if:

(a) The person engages in or offers or agrees to engage in sexual conduct or sexual contact in return for a fee; or
(b) The person pays or offers or agrees to
pay a fee to engage in sexual conduct or

167.()35 (Rpealed by 1971 c. 7 43 §432J
167.04 (Rpealed by 1971 c.743 §432J

167.M5 (1953 c.641 §§1, 7; 1955 c.636 §6: repealed by
1971 c.743 §432J

sexual contact.
(2) Prostitution is a Class A misdemeanor. (1971 c.743 §250; 1973 c.52 §1; 1973 c.699 §6J
167.010 (Rpealed by 1971 c.743 §432J

167.05 (1953 c.541 §7; 1955 c.636 §7; 1963 c.353 §1;
repealed by 1971 c.743 §432J

RELATED OFFENSES
167.051 Defitions for ORS 167.054
and 167.057. As used in ORS 167.054 and

OBSCENITY AND

person commits the crime of promoting pros-

167.012 Promoting prostitution. (1) A

titution if, with intent to promote prostitu-

167.057:

tion, the person knowingly:
(a) Owns, controls, manages, supervises

or otherwise maintains a place of prostitution or a prostitution enterprise; or

years of age. (2) "Furnishes" means to sell, give, rent, .
loan or otherwse provide.

(1) "Child" means a person under 13

(3) "Minor" means a person under 18 in prostitution or to remain in a place of years of age.
(b) Induces or causes a person to engage
prostitution; or

(c) Receives or agrees to receive money or other property, other than as a prostitute

being compensated for personally rendered prostitution services, pursuant to an agreement or understanding that the money or

(4) "Sexual conduct" means: (a) Human masturbation or sexual intercourse;

genital or oral-anal contact, whether between
persons of the same or opposite sex or between humans and anals;

(b) Genital-genital, oral-genital, anal-

other property is derived from a prostitution

activity; or

(d) Engages in any conduct that insti- by any object other than as part of a medical
tutes, aids or faciltates an act or enterprise

(c) Penetration of the vagina or rectum

diagnosis or as part of a personal hygiene
practice; or

of prostitution.

(2) Promoting prostitution is a Class C
felony. (1971 c.743 §251J
167.015 (Repealed by 1971 c.743 §432J

or buttocks of the human male or female or of the breasts of the huian female.
(2007 Edition)

(d) Touching of the genitals, pubic areas

Title 16

Page 511

Dockets.Justia.com

167.054

CRIMS AN PUNSHMNTS

r

material containing visual images of:

(5) "Sexually explicit material" means

(5) Furnishing sexually explicit material
to a child is a Class A misdemeanor. (2007
c.869 §2J

(a) Human masturbation or sexual intercourse;

Note: See note under 167.051.

genital or oral-anal contact, whether between
persons of the same or opposite sex or between humans and animals; or

(b) Genital-genital, oral-genital, anal-

167.05 (l955 c.636 §9; 1963 c.513 §1; repealed by 1971
c,743 §432J

commits the crime of luring a minor if the
person:

167.057 Lurng a mior. (1) A person

(c) Penetration of the vagina or rectum by any object other than as part of a personal hygiene practice. (2007 c.869 §lJ
Note: 167.051, 167.054 and 167.057 were enacted into

(a) Furnishes to, or uses with, a minor a visual representation or explicit verbal description or narrative account of sexual con-

by legislative action. See Preface to Oregon Revised
Statutes for further explanation.

law by the Legislative Assembly but were not added to or made a part of ORS chapter 167 or any series therein

duct; and

167.054 Fushing sexualy explicit
material to a child. (1) A person commits

description or account for the purpose of: (A) Arousing or satisfying the sexual desires of the person or the minor; or
ual conduct.

(b) Furnishes or uses the representation,

the crime of furnishing sexually explicit material to a child if the person intentionally

(B) Inducing the minor to engage in sex(2) A person is not liable to prosecution for violating subsection (1) of this section if

furnishes a child, or intentionally permits a

child to view, sexually explicit material and

the person knows that the material is
sexually explicit materiaL.

the person furnishes or uses a representation' description or account of sexual con-

for violating subsection (1) of this section if:

(2) A person is not liable to prosecution

duct that forms merely an incidental part of
an otherwise nonoffending whole and serves

(a) The person is an employee of a bona
fide museum, school, law enforcement

some purpose other than titilation.
of this section, it is an affrmative defense:
(3) In a prosecution under subsection (1)

agency, medical treatment provider or public
employment; or

library, acting within the scope of regular

(b) The person furnishes, or permits the purpose of psychological or medical treatviewing of, material the sexually explicit ment and was funished by a treatment proportions of which form merely an incidental
part of an otherwise nonoffending whole and
of the treatment provider;

or account was furnished or used for the

(a) That the representation, description

vider or by another person acting on behalf

was furnished, or the viewing was permitted,

serve some purpose other than titilation. (3) In a prosecution under subsection (1) of this section, it is an affrmative defense: (a) That the sexually explicit material

cause to believe that the person to whom the
description or account was used was not a minor; or

(b) That the defendant had reasonable

representation, description or account was furnished or with whom the representation,
(c) That the defendant was less than

\

solely for the purpose of sex education, art
was furnished or permitted by the child's
ing on behalf of the parent, legal guardian,

education or psychological treatment and

three years older than the minor at the time
of the alleged offense.

parent or legal guardian, by an educator or

treatment provider or by another person act-

who was permitted to view the material, was not a child; or
(c) That the defendant was less than
three years older than the child at the time
of the alleged offense.

of this section, it is not a defense that the educator or treatment provider; person to whom the representation, de(b) That the defenda.nt had reasonable scription or account was furnished or with cause to believe that the person to whom the whom the representation, description or acsexually explicit material was furnished, or count was used was not a minor but was a
law enforcement offcer posing as a minor.
(2007 c.869 §3J

(4) In a prosecution under subsection (1)

(5) Luring a minor is a Class C felony.
Note: See note under 167.051.

of this section, it is not a defense that the
rial was furnished or who was permitted to view the material was not a child but was a
law enforcement offcer posing as a child.
Title 16

(4) In a prosecution under subsection (1)

167.060 Definitions for ORS 167.060 to 167.095. As used in ORS 167.060 to 167.095,
unless the context requires otherwise:

person to whom the sexually explicit mate-

product, the commercial offering of a servce,
Page 512

(1) "Advertising purposes" means purthe commercial sale of a product or type of
poses of propagandizing in connection with
(2007 Edition)