2007 ORS 167.060¹
Definitions for ORS 167.060 to 167.095

As used in ORS 167.060 (Definitions for ORS 167.060 to 167.095) to 167.095 (Defenses in prosecutions under ORS 167.090), unless the context requires otherwise:

(1) "Advertising purposes" means purposes of propagandizing in connection with the commercial sale of a product or type of product, the commercial offering of a service, or the commercial exhibition of an entertainment.

(2) "Displays publicly" means the exposing, placing, posting, exhibiting, or in any fashion displaying in any location, whether public or private, an item in such a manner that it may be readily seen and its content or character distinguished by normal unaided vision viewing it from a public thoroughfare, depot or vehicle.

(3) "Furnishes" means to sell, give, rent, loan or otherwise provide.

(4) "Minor" means an unmarried person under 18 years of age.

(5) "Nudity" means uncovered, or less than opaquely covered, post-pubertal human genitals, pubic areas, the post-pubertal human female breast below a point immediately above the top of the areola, or the covered human male genitals in a discernibly turgid state. For purposes of this definition, a female breast is considered uncovered if the nipple only or the nipple and areola only are covered.

(6) "Obscene performance" means a play, motion picture, dance, show or other presentation, whether pictured, animated or live, performed before an audience and which in whole or in part depicts or reveals nudity, sexual conduct, sexual excitement or sadomasochistic abuse, or which includes obscenities or explicit verbal descriptions or narrative accounts of sexual conduct.

(7) "Obscenities" means those slang words currently generally rejected for regular use in mixed society, that are used to refer to genitals, female breasts, sexual conduct or excretory functions or products, either that have no other meaning or that in context are clearly used for their bodily, sexual or excretory meaning.

(8) "Public thoroughfare, depot or vehicle" means any street, highway, park, depot or transportation platform, or other place, whether indoors or out, or any vehicle for public transportation, owned or operated by government, either directly or through a public corporation or authority, or owned or operated by any agency of public transportation that is designed for the use, enjoyment or transportation of the general public.

(9) "Sadomasochistic abuse" means flagellation or torture by or upon a person who is nude or clad in undergarments or in revealing or bizarre costume, or the condition of being fettered, bound or otherwise physically restrained on the part of one so clothed.

(10) "Sexual conduct" means human masturbation, sexual intercourse, or any touching of the genitals, pubic areas or buttocks of the human male or female, or the breasts of the female, whether alone or between members of the same or opposite sex or between humans and animals in an act of apparent sexual stimulation or gratification.

(11) "Sexual excitement" means the condition of human male or female genitals or the breasts of the female when in a state of sexual stimulation, or the sensual experiences of humans engaging in or witnessing sexual conduct or nudity. [1971 c.743 §255]

Law Review Cita­tions

53 OLR 375 (1974)

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)


1 Legislative Counsel Committee, CHAPTER 167—Offenses Against Public Health, Decency and Animals, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­167.­html (2007) (last ac­cessed Feb. 12, 2009).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2007, Chapter 167, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­167ano.­htm (2007) (last ac­cessed Feb. 12, 2009).
 
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.