167.060
Definitions for ORS 167.060 to 167.095. As used in ORS 167.060 to 167.095, 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]
Notes of Decisions
Cited in
40
cases (
1 in the last 5 years), 1972–2023 · leading case:
State v. Ciancanelli, 45 P.3d 451 (Or. Ct. App. 2002).
State v. Ciancanelli, 45 P.3d 451 (Or. Ct. App. 2002).
· cites it 14× “" ORS 167.060(10). We begin with defendant's contention that ORS 167.”
State v. Maynard, 910 P.2d 1115 (Or. Ct. App. 1996).
· cites it 22× “]" ORS 167.060 defines the terms used in the statute: "(3) `Furnishes' means to sell, give, rent, loan or otherwise provide.”
State v. Maynard, 5 P.3d 1142 (Or. Ct. App. 2000).
· cites it 10× “]" ORS 167.060 furnishes definitions for ORS 167.”
State v. Borck, 216 P.3d 915 (Or. Ct. App. 2009).
· cites it 5× “575 provides, in part: “(1) A person commits the crime of endangering the welfare of a minor if the person knowingly: “(a) Induces, causes or permits an unmarried person under 18 years of age to witness an act of sexual conduct * * * as defined by ORS 167.060[.]” In turn,…”
Schmidt v. Archdiocese of Portland, 180 P.3d 160 (Or. Ct. App. 2008).
· cites it 8× “575(1)(a), endangering the welfare of a minor includes inducing, causing, or permitting an unmarried person under 18 years of age to witness an act of "sexual conduct" as defined in ORS 167.060; and that, under ORS 167.060(10), "sexual conduct" includes masturbation.”
State v. House, 681 P.2d 173 (Or. Ct. App. 1984).
· cites it 8× “062(1) and the narrowed definition of “sexual conduct” in ORS 167.060(1) are still clear. Finally, we do not doubt that the legislature, even without the prohibition of “any touching,” would have prohibited “sadomasochistic abuse,” “human masturbation” or “sexual intercourse” in…”
State v. House, 698 P.2d 951 (Or. 1985).
· cites it 6× “" "Sexual conduct" is defined by ORS 167.060(10) as "* * * 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…”
State v. Ciancanelli, 121 P.3d 613 (Or. 2005).
· cites it 2× “" ORS 167.060(10). We first must determine whether the statute is directed by its terms at restraining or restricting speech or expression.”
State v. Mayes, 186 P.3d 293 (Or. Ct. App. 2008).
· cites it 5× “700(2)(b) was taken from the definition of nudity in ORS 167.060(5). Tape Recording, Senate Committee on Crimes and Corrections, Apr 28, 1997, Tape 87, Side A (statement of Diana Godwin).”
State v. Henry, 732 P.2d 9 (Or. 1987).
· cites it 2× “087 does not lie in the phrase “sexual conduct” that is further defined in ORS 167.060(10). 1 It lies in tying the criminality of a publication to “contemporary state standards.”
State v. Ray, 733 P.2d 28 (Or. 1987).
· cites it 4× “065(1)(e) provides: "A person commits the crime of harassment if, with intent to harass, annoy or alarm another person, the actor: * * * * * * (e) Subjects another to alarm or annoyance by telephonic use of obscenities or description of sexual excitement or sadomasochistic abuse…”
People v. Ridens, 321 N.E.2d 264 (Ill. 1974).
· cites it 4× “060 Definitions for ORS 167.060 to 167.095. As used in ORS 167.”
— Or. Rev. Stat. § 167.060(1) — 1 case
State v. House, 681 P.2d 173 (Or. Ct. App. 1984).
“062(1) and the narrowed definition of “sexual conduct” in ORS 167.060(1) are still clear. Finally, we do not doubt that the legislature, even without the prohibition of “any touching,” would have prohibited “sadomasochistic abuse,” “human masturbation” or “sexual intercourse” in…”
— Or. Rev. Stat. § 167.060(10) — 21 cases
State v. Ciancanelli, 45 P.3d 451 (Or. Ct. App. 2002).
“" ORS 167.060(10). We begin with defendant's contention that ORS 167.”
State v. Maynard, 910 P.2d 1115 (Or. Ct. App. 1996).
“]" ORS 167.060 defines the terms used in the statute: "(3) `Furnishes' means to sell, give, rent, loan or otherwise provide.”
State v. Borck, 216 P.3d 915 (Or. Ct. App. 2009).
“575 provides, in part: “(1) A person commits the crime of endangering the welfare of a minor if the person knowingly: “(a) Induces, causes or permits an unmarried person under 18 years of age to witness an act of sexual conduct * * * as defined by ORS 167.060[.]” In turn,…”
State v. House, 698 P.2d 951 (Or. 1985).
“" "Sexual conduct" is defined by ORS 167.060(10) as "* * * 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…”
State v. Ciancanelli, 121 P.3d 613 (Or. 2005).
“" ORS 167.060(10). We first must determine whether the statute is directed by its terms at restraining or restricting speech or expression.”
— Or. Rev. Stat. § 167.060(11) — 2 cases
State v. Maynard, 910 P.2d 1115 (Or. Ct. App. 1996).
“]" ORS 167.060 defines the terms used in the statute: "(3) `Furnishes' means to sell, give, rent, loan or otherwise provide.”
State v. Maynard, 5 P.3d 1142 (Or. Ct. App. 2000).
“]" ORS 167.060 furnishes definitions for ORS 167.”
— Or. Rev. Stat. § 167.060(2) — 1 case
State v. Maynard, 5 P.3d 1142 (Or. Ct. App. 2000).
“]" ORS 167.060 furnishes definitions for ORS 167.”
— Or. Rev. Stat. § 167.060(3) — 3 cases
State v. Maynard, 5 P.3d 1142 (Or. Ct. App. 2000).
“]" ORS 167.060 furnishes definitions for ORS 167.”
— Or. Rev. Stat. § 167.060(5) — 3 cases
State v. Mayes, 186 P.3d 293 (Or. Ct. App. 2008).
“700(2)(b) was taken from the definition of nudity in ORS 167.060(5). Tape Recording, Senate Committee on Crimes and Corrections, Apr 28, 1997, Tape 87, Side A (statement of Diana Godwin).”
— Or. Rev. Stat. § 167.060(6) — 2 cases
— Or. Rev. Stat. § 167.060(7) — 2 cases
— Or. Rev. Stat. § 167.060(8) — 1 case
— Or. Rev. Stat. § 167.060(9) — 2 cases
State v. House, 681 P.2d 173 (Or. Ct. App. 1984).
“062(1) and the narrowed definition of “sexual conduct” in ORS 167.060(1) are still clear. Finally, we do not doubt that the legislature, even without the prohibition of “any touching,” would have prohibited “sadomasochistic abuse,” “human masturbation” or “sexual intercourse” in…”
State v. Maynard, 910 P.2d 1115 (Or. Ct. App. 1996).
“]" ORS 167.060 defines the terms used in the statute: "(3) `Furnishes' means to sell, give, rent, loan or otherwise provide.”
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