167.080
Displaying obscene materials to minors. (1) A person commits the crime of displaying obscene
materials to minors if, being the owner, operator or manager of a business or
acting in a managerial capacity, the person knowingly or recklessly permits a
minor who is not accompanied by the parent or lawful guardian of the minor to
enter or remain on the premises, if in that part of the premises where the
minor is so permitted to be, there is visibly displayed:
(a) Any picture,
photograph, drawing, sculpture or other visual representation or image of a
person or portion of the human body that depicts nudity, sexual conduct, sexual
excitement or sadomasochistic abuse; or
(b) Any book,
magazine, paperback, pamphlet or other written or printed matter, however
reproduced, that reveals a person or portion of the human body that depicts
nudity, sexual conduct, sexual excitement or sadomasochistic abuse.
(2) Displaying
obscene materials to minors is a Class A misdemeanor. Notwithstanding ORS
161.635 and 161.655, a person convicted under this section may be sentenced to
pay a fine, fixed by the court, not exceeding $10,000. [1971 c.743 §259]
Notes of Decisions
Cited in
5
cases (
1 in the last 5 years), 2000–2022 · leading case:
State v. Backstrand, 313 P.3d 1084 (Or. 2013).
State v. Alcaraz, 508 P.3d 13 (Or. Ct. App. 2022).
“ORS 167.080.”). As such, whether it was the proprietor, a store employee, or a police officer who 4 We note that our conclusion that defendant was stopped is consistent with the Supreme Court’s recent decision in State v.”
State v. Backstrand, 313 P.3d 1084 (Or. 2013).
· cites it 6× “ORS 167.080. 2 Gerba testified that, although he could have determined both defendant’s and the girlfriend’s age from the face of the licenses, he ran the licenses through dispatch to make sure that they were not “fake.”
State v. Backstrand, 220 P.3d 748 (Or. Ct. App. 2009).
· cites it 2× “, ORS 167.080 (a person commits the crime of displaying obscene materials to minors "if, being the owner, operator or manager of a business or acting in a managerial capacity, the person knowingly or recklessly permits [an unaccompanied] minor * * * to enter or remain on the…”
State v. Tannehill, 141 P.3d 584 (Or. 2006).
“(e) Displaying obscene materials to minors under ORS 167.080. (4) In the case of crimes described in subsection (2)(L) of this section, the “victim” is the child engaged in sexual conduct.”
State v. Maynard, 5 P.3d 1142 (Or. Ct. App. 2000).
· cites it 2× “075 proscribes exhibiting an obscene performance to a minor; and ORS 167.080 criminalizes displaying obscene materials to minors.”
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treatment. Dots show Syfertize treatment of the citing case itself.