2007 ORS 167.062¹
Sadomasochistic abuse or sexual conduct in live show

(1) It is unlawful for any person to knowingly engage in sadomasochistic abuse or sexual conduct in a live public show.

(2) Violation of subsection (1) of this section is a Class A misdemeanor.

(3) It is unlawful for any person to knowingly direct, manage, finance or present a live public show in which the participants engage in sadomasochistic abuse or sexual conduct.

(4) Violation of subsection (3) of this section is a Class C felony.

(5) As used in ORS 167.002 (Definitions for ORS 167.002 to 167.027), 167.007 (Prostitution) and this section unless the context requires otherwise:

(a) "Live public show" means a public show in which human beings, animals, or both appear bodily before spectators or customers.

(b) "Public show" means any entertainment or exhibition advertised or in some other fashion held out to be accessible to the public or member of a club, whether or not an admission or other charge is levied or collected and whether or not minors are admitted or excluded. [1973 c.699 §§2,3; 2007 c.869 §9]

Notes of Decisions

State is not re­quired to prove that performance violates standards applicable to es­tab­lish ma­te­ri­al as obscene. State v. Tidyman, 54 Or App 640, 635 P2d 1355 (1981), Sup Ct review denied

Proof only that show spectators touched defendant while placing money in defendant's costume was not adequate to show defendant was apparently sexually stimulated or gratified. State v. House, 299 Or 78, 698 P2d 951 (1985)

This sec­tion is facially invalid under sec­tion 8, Article I of Oregon Constitu­tion. State v. Ciancanelli, 339 Or 282, 121 P3d 613 (2005)

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.