2015 ORS 163.465¹
Public indecency

(1) A person commits the crime of public indecency if while in, or in view of, a public place the person performs:

(a) An act of sexual intercourse;

(b) An act of deviate sexual intercourse; or

(c) An act of exposing the genitals of the person with the intent of arousing the sexual desire of the person or another person.

(2)(a) Public indecency is a Class A misdemeanor.

(b) Notwithstanding paragraph (a) of this subsection, public indecency is a Class C felony if the person has a prior conviction for public indecency or a crime described in ORS 163.355 (Rape in the third degree) to 163.445 (Sexual misconduct) or for a crime in another jurisdiction that, if committed in this state, would constitute public indecency or a crime described in ORS 163.355 (Rape in the third degree) to 163.445 (Sexual misconduct). [1971 c.743 §120; 1999 c.962 §1; 2005 c.434 §1]

Notes of Decisions

A theatre which admits per­sons 18 years or older and where patrons are forewarned as to the nature of the performance is not a public place. State v. Brooks, 275 Or 171, 550 P2d 440 (1976)

Where of­fi­cers walked onto prop­erty and peered into defendant's car, observing defendant and companion engaged in sexual act, which defendant conceded could not lawfully be performed in public place, judg­ment of acquittal on charge of public indecency was re­quired as necessary ele­ment of public indecency is that crime be committed while per­son com­mit­ting it is in or in view of public place. State v. Culmsee, 91 Or App 63, 754 P2d 11 (1988), Sup Ct review denied

This sec­tion does not fall within either excep­tion in United States Sentencing Guide­lines §4A1.2(c) and was thus properly included in defendant's crim­i­nal history for sen­ten­cing purposes. U.S. v. Martinez, 905 F2d 251 (9th Cir. 1990)

Where city ordinance did not require culpable mental state for indecent exposure, ordinance did not conflict with this sec­tion because legislature did not intend to permit con­duct not prohibited by this sec­tion. City of Portland v. Jackson, 316 Or 143, 850 P2d 1093 (1993)

Previous finding of guilty except for insanity is not "prior con­vic­­tion" for purposes of elevating class of of­fense. State v. Saunders, 195 Or App 357, 97 P3d 1261 (2004), Sup Ct review denied

Law Review Cita­tions

51 OLR 435 (1972); 29 WLR 129 (1993)

Notes of Decisions

Under evidence that defendant inten­tionally touched victim's buttocks through clothing, whether such con­duct constituted "sexual contact" of victim's "intimate parts" was ques­tion for jury. State v. Buller, 31 Or App 889, 581 P2d 1263 (1977)

Genitalia and breasts are intimate parts as matter of law under this sec­tion, and undeveloped genitalia and breasts of children are included within defini­tion. State v. Turner, 33 Or App 157, 575 P2d 1007 (1978), Sup Ct review denied

Rule that state is not permitted to introduce evidence of other crimes or bad acts solely to prove defendant acted as on prior occasions is strictly applied in sex crime cases, even those involving deviate sexual behavior, in so far as con­duct with per­sons other than victim is concerned. State v. Sicks, 33 Or App 435, 576 P2d 834 (1978)

Law Review Cita­tions

51 OLR 428, 518-522, 555 (1972)

Chapter 163

Law Review Cita­tions

51 OLR 427-637 (1972)

  • KATU News / Dan Tilkin, Dec 22, 2009
    “Sin City banned the ‘stripper mobile’ so its promoter is taking his show on a na­tionwide tour. One stop: Portland. Because of Oregon’s lax public indecency laws, promoter Larry Beard of Déjà Vu Showgirls is targeting the city of Portland for full-nude exposure...”

1 Legislative Counsel Committee, CHAPTER 163—Offenses Against Persons, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors163.­html (2015) (last ac­cessed Jul. 16, 2016).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2015, Chapter 163, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano163.­html (2015) (last ac­cessed Jul. 16, 2016).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.