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Oregon Revised Statutes

Or. Rev. Stat. § 163.465 (2026)

Public indecency

✓ current as of May 2026
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      163.465 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 oral or anal sexual intercourse;

      (c) Masturbation; or

      (d) 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 to 163.445 or 163.665 to 163.693 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 to 163.445 or 163.665 to 163.693. [1971 c.743 §120; 1999 c.962 §1; 2005 c.434 §1; 2017 c.318 §10; 2019 c.65 §1; 2023 c.198 §1]

Notes of Decisions
Cited in 74 cases (14 in the last 5 years), 1976–2025 · leading case: State v. Hess, 159 P.3d 309 (Or. 2007).
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State v. Hess, 159 P.3d 309 (Or. 2007). · cites it 18× “A grand jury indicted defendant for three counts of public indecency in violation of former ORS 163.465 (2003), 1 which provides: “(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…”
State v. Davidson, 380 P.3d 963 (Or. 2016). · cites it 13× “Defendant was convicted of two counts of public indecency under ORS 163.465 for exposing himself at a public park; because he had two prior felony convictions for public indecency, and the trial court found no ground for downward departure, defendant was sentenced consecutively…”
City of Portland v. Jackson, 850 P.2d 1093 (Or. 1993). · cites it 22× “060, which provides: "It is unlawful for any person to expose his or her genitalia while in a public place or place visible from a public place, if the public place is open or available to persons of the opposite sex.”
City of Portland v. Jackson, 826 P.2d 37 (Or. Ct. App. 1992). · cites it 32× “He demurred, contending that ORS 163.465 preempts the ordinance. The trial court agreed and dismissed the charge.”
State v. Smith, 372 P.3d 549 (Or. Ct. App. 2016). · cites it 23× “Under ORS 163.465(1), a person commits the offense of public indecency if, “while in, or in view of, a public place the person performs: ⅜ ⅜: íj: :J: “(c) An act of exposing the genitals of the person with the intent of arousing the sexual desire of the person or another person.”
State v. Brooks, 550 P.2d 440 (Or. 1976). · cites it 24× “The seven defendants were each convicted of public indecency in violation of ORS 163.465. The convictions were affirmed by the Court of Appeals.”
State v. Ciancanelli, 121 P.3d 613 (Or. 2005). · cites it 6× “The legislature has drawn a clear distinction between sexual conduct that occurs in or in view of a "place to which the general public has access," see ORS 163.465 (defining public indecency to include sexual intercourse and deviate sexual intercourse in, or in view of, a…”
State v. Louis, 672 P.2d 708 (Or. 1983). · cites it 3× “ORS 163.465(1). 1 The defendant made a motion to suppress the photographs on the basis that the evidence was obtained as a result of an illegal and warrantless search of the defendant’s premises.”
State v. Holt, 630 P.2d 854 (Or. 1981). · cites it 3× “Defendant was arrested and charged with public indecency in violation of ORS 163.465. After the arrest defendant told the officer that he came to the rest area for sexual gratification, as he was unable to obtain it elsewhere.”
State v. Martin, 519 P.3d 132 (Or. Ct. App. 2022). · cites it 4× “ORS 163.465(1) (2013) (providing that the person must be “in, or in view of, a public place” to be convicted of public indecency).”
State v. Althouse, 375 P.3d 475 (Or. 2016). “ORS 163.465(2). This is not a case, however, in which defendant’s criminal history consists of a single conviction for public indecency, nor is this a case in which the three convictions that resulted in a presumptive life sentence under ORS 137.”
State v. Gialloreto, 457 P.3d 1105 (Or. Ct. App. 2019). · cites it 2× “187 (Count 7); and four counts of public indecency, ORS 163.465 (2015) amended by Or Laws 2019, ch 65, § 1 (Counts 8 through 11).”
Show all 74 citing cases →
— Or. Rev. Stat. § 163.465(1) — 7 cases
State v. Louis, 672 P.2d 708 (Or. 1983). “ORS 163.465(1). 1 The defendant made a motion to suppress the photographs on the basis that the evidence was obtained as a result of an illegal and warrantless search of the defendant’s premises.”
State v. Davidson, 380 P.3d 963 (Or. 2016). “Defendant was convicted of two counts of public indecency under ORS 163.465 for exposing himself at a public park; because he had two prior felony convictions for public indecency, and the trial court found no ground for downward departure, defendant was sentenced consecutively…”
State v. Hess, 159 P.3d 309 (Or. 2007). “A grand jury indicted defendant for three counts of public indecency in violation of former ORS 163.465 (2003), 1 which provides: “(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…”
City of Portland v. Jackson, 826 P.2d 37 (Or. Ct. App. 1992). “He demurred, contending that ORS 163.465 preempts the ordinance. The trial court agreed and dismissed the charge.”
State v. Smith, 372 P.3d 549 (Or. Ct. App. 2016). “Under ORS 163.465(1), a person commits the offense of public indecency if, “while in, or in view of, a public place the person performs: ⅜ ⅜: íj: :J: “(c) An act of exposing the genitals of the person with the intent of arousing the sexual desire of the person or another person.”
— Or. Rev. Stat. § 163.465(1)(c) — 6 cases
State v. Martin, 519 P.3d 132 (Or. Ct. App. 2022). “ORS 163.465(1) (2013) (providing that the person must be “in, or in view of, a public place” to be convicted of public indecency).”
City of Portland v. Jackson, 826 P.2d 37 (Or. Ct. App. 1992). “He demurred, contending that ORS 163.465 preempts the ordinance. The trial court agreed and dismissed the charge.”
State v. Holt, 630 P.2d 854 (Or. 1981). “Defendant was arrested and charged with public indecency in violation of ORS 163.465. After the arrest defendant told the officer that he came to the rest area for sexual gratification, as he was unable to obtain it elsewhere.”
State v. Gialloreto, 457 P.3d 1105 (Or. Ct. App. 2019). “187 (Count 7); and four counts of public indecency, ORS 163.465 (2015) amended by Or Laws 2019, ch 65, § 1 (Counts 8 through 11).”
State v. Smith, 372 P.3d 549 (Or. Ct. App. 2016). “Under ORS 163.465(1), a person commits the offense of public indecency if, “while in, or in view of, a public place the person performs: ⅜ ⅜: íj: :J: “(c) An act of exposing the genitals of the person with the intent of arousing the sexual desire of the person or another person.”
— Or. Rev. Stat. § 163.465(2) — 8 cases
State v. Davidson, 380 P.3d 963 (Or. 2016). “Defendant was convicted of two counts of public indecency under ORS 163.465 for exposing himself at a public park; because he had two prior felony convictions for public indecency, and the trial court found no ground for downward departure, defendant was sentenced consecutively…”
State v. Althouse, 375 P.3d 475 (Or. 2016). “ORS 163.465(2). This is not a case, however, in which defendant’s criminal history consists of a single conviction for public indecency, nor is this a case in which the three convictions that resulted in a presumptive life sentence under ORS 137.”
State v. Smith, 372 P.3d 549 (Or. Ct. App. 2016). “Under ORS 163.465(1), a person commits the offense of public indecency if, “while in, or in view of, a public place the person performs: ⅜ ⅜: íj: :J: “(c) An act of exposing the genitals of the person with the intent of arousing the sexual desire of the person or another person.”
State v. Davidson, 353 P.3d 2 (Or. Ct. App. 2015).
State v. Harding, 840 P.2d 113 (Or. Ct. App. 1992).
— Or. Rev. Stat. § 163.465(2)(a) — 4 cases
State v. Smith, 372 P.3d 549 (Or. Ct. App. 2016). “Under ORS 163.465(1), a person commits the offense of public indecency if, “while in, or in view of, a public place the person performs: ⅜ ⅜: íj: :J: “(c) An act of exposing the genitals of the person with the intent of arousing the sexual desire of the person or another person.”
State v. Yusuf, 340 Or. App. 247 (Or. Ct. App. 2025).
State v. Yusuf, 340 Or. App. 247 (Or. Ct. App. 2025).
State v. Stier, 383 P.3d 970 (Or. Ct. App. 2016).
— Or. Rev. Stat. § 163.465(2)(b) — 12 cases
State v. Hess, 159 P.3d 309 (Or. 2007). “A grand jury indicted defendant for three counts of public indecency in violation of former ORS 163.465 (2003), 1 which provides: “(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…”
State v. Smith, 372 P.3d 549 (Or. Ct. App. 2016). “Under ORS 163.465(1), a person commits the offense of public indecency if, “while in, or in view of, a public place the person performs: ⅜ ⅜: íj: :J: “(c) An act of exposing the genitals of the person with the intent of arousing the sexual desire of the person or another person.”
State v. Davidson, 380 P.3d 963 (Or. 2016). “Defendant was convicted of two counts of public indecency under ORS 163.465 for exposing himself at a public park; because he had two prior felony convictions for public indecency, and the trial court found no ground for downward departure, defendant was sentenced consecutively…”
State v. Hardges, 432 P.3d 268 (Or. Ct. App. 2018).
State v. Stockton, 483 P.3d 657 (Or. Ct. App. 2021).
— Or. Rev. Stat. § 163.465(c) — 2 cases
State v. Brooks, 550 P.2d 440 (Or. 1976). “The seven defendants were each convicted of public indecency in violation of ORS 163.465. The convictions were affirmed by the Court of Appeals.”
City of Portland v. Gatewood, 708 P.2d 615 (Or. Ct. App. 1985).
— Or. Rev. Stat. § 163.465(l)(b) — 1 case
State v. Tusek, 630 P.2d 892 (Or. Ct. App. 1981).
— Or. Rev. Stat. § 163.465(l)(c) — 6 cases
State v. Davidson, 380 P.3d 963 (Or. 2016). “Defendant was convicted of two counts of public indecency under ORS 163.465 for exposing himself at a public park; because he had two prior felony convictions for public indecency, and the trial court found no ground for downward departure, defendant was sentenced consecutively…”
State v. Louis, 672 P.2d 708 (Or. 1983). “ORS 163.465(1). 1 The defendant made a motion to suppress the photographs on the basis that the evidence was obtained as a result of an illegal and warrantless search of the defendant’s premises.”
State v. Pierce, 76 P.3d 172 (Or. Ct. App. 2003).
State v. Holt, 617 P.2d 962 (Or. Ct. App. 1980).
State v. Harding, 840 P.2d 113 (Or. Ct. App. 1992).
— Or. Rev. Stat. § 163.465(lXc) — 1 case
State v. Holt, 617 P.2d 962 (Or. Ct. App. 1980).
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