2015 ORS 167.012¹
Promoting prostitution

Caution-flag-2-25x25
This section is amended
Effective January 1, 2017
Chapter 10 Oregon Laws 2016 (HB 4082)
Relating to promoting prostitution; amending ORS 167.012.

(1) A person commits the crime of promoting prostitution if, with intent to promote prostitution, the person knowingly:

(a) Owns, controls, manages, supervises or otherwise maintains a place of prostitution or a prostitution enterprise; or

(b) Induces or causes a person to engage in prostitution or to remain in a place of 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 other property is derived from a prostitution activity; or

(d) Engages in any conduct that institutes, aids or facilitates an act or enterprise of prostitution.

(2) Promoting prostitution is a Class C felony. [1971 c.743 §251]

Notes of Decisions

Ac­tions of manager of "adult theater" in paying man and woman to perform sex acts before audience constituted viola­tion of this sec­tion. State v. Kravitz, 14 Or App 243, 511 P2d 844 (1973), Sup Ct review denied

The corrobora­tion require­ment must be met for a con­vic­­tion for the inchoate crime of at­tempting to promote prostitu­tion. State v. Montgomery, 26 Or App 817, 554 P2d 578 (1976)

Convic­tion under this sec­tion merged with con­vic­­tion under charge of compelling prostitu­tion (ORS 167.017 (Compelling prostitution)) where same evidence was used to convict defendant of both crimes. State v. Williams, 40 Or App 227, 594 P2d 1281 (1979)

Where evidence proving promoting prostitu­tion was part of larger body of evidence proving at­tempted compelling prostitu­tion, it was error for trial court to separately convict defendant for both promoting prostitu­tion (under this sec­tion) and at­tempted compelling prostitu­tion (under ORS 167.017 (Compelling prostitution)). State v. Barnett, 42 Or App 69, 600 P2d 877 (1979)

Applica­tion of this sec­tion to live show does not conflict with sec­tion 8, Article I of Oregon Constitu­tion, because focus is on preventing harmful effects of prostitu­tion without regard to presence or absence of circumstances adding expressive ele­ment to con­duct. State v. Ciancanelli, 339 Or 282, 121 P3d 613 (2005)

Completed Cita­tions

State v. Leach, 6 Or App 154, 487 P2d 114 (1971)

§§ 167.002 (Definitions for ORS 167.002 to 167.027) to 167.027 (Evidence required to show place of prostitution)

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 (2015) (last ac­cessed Jul. 16, 2016).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2015, Chapter 167, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano167.­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.