2017 ORS 167.007¹

(1) A person commits the crime of prostitution if the person engages in, or offers or agrees to engage in, sexual conduct or sexual contact in return for a fee.

(2) Prostitution is a Class A misdemeanor.

(3) It is an affirmative defense to prosecution under this section that the defendant, at the time of the alleged offense, was a victim of the crime of trafficking in persons as described in ORS 163.266 (Trafficking in persons) (1)(b) or (c). [1971 c.743 §250; 1973 c.52 §1; 1973 c.699 §6; 2011 c.151 §1; 2017 c.246 §1]

Notes of Decisions

Absent evidence that defendant offered to engage in sexual con­duct for a fee, defendant could not be found guilty of at­tempt to commit prostitu­tion within meaning of ORS 161.405 (“Attempt” described). State v. Brown, 31 Or App 501, 570 P2d 1001 (1977)

Complaint which alleged that defendants did “offer and agree to engage in sexual con­duct in return for a fee” stated facts sufficient to state a crime. State v. East, 31 Or App 743, 571 P2d 195 (1977)

Complaint was not defective for failing to allege that defendant “inten­tionally” agreed to pay fee for sexual con­duct. State v. Huie, 292 Or 335, 638 P2d 480 (1982)

Where city’s mandatory min­i­mum penalty is harsher than state law min­i­mum for same con­duct, city’s penalty is invalid under Article XI, Sec­tion 2 of Oregon Constitu­tion as incompatible with state crim­i­nal law. City of Portland v. Dollarhide, 300 Or 490, 714 P2d 220 (1986)

This sec­tion falls within historical excep­tion to sec­tion 8, Article I of Oregon Constitu­tion, which that pro­vi­sion demonstrably was not intended to reach. State v. Grimes, 85 Or App 159, 735 P2d 1277 (1987), Sup Ct review denied

For venue purposes, offer or agree­ment transmitted over telephone simultaneously occurs where each party to conversa­tion is located. State v. Harris, 242 Or App 438, 256 P3d 156 (2011), Sup Ct review denied

“Fee” means something that has economic value and that is exchanged in a transac­tion that is commercial in character. State v. Palomo, 256 Or App 498, 301 P3d 439 (2013)

Law Review Cita­tions

55 OLR 553-566 (1976); 50 WLR 115 (2013)

Law Review Cita­tions

51 OLR 428, 435, 523 (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)

1 Legislative Counsel Committee, CHAPTER 167—Offenses Against General Welfare and Animals, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors167.­html (2017) (last ac­cessed Mar. 30, 2018).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 167, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano167.­html (2017) (last ac­cessed Mar. 30, 2018).
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.