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Oregon Revised Statutes

Or. Rev. Stat. § 167.095 (2026)

Defenses in prosecutions under ORS 167.090

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      167.095 Defenses in prosecutions under ORS 167.090. In any prosecution for violation of ORS 167.090, it shall be an affirmative defense for the defendant to prove:

      (1) That the public display, even though in connection with a commercial venture, was primarily for artistic purposes or as a public service; or

      (2) That the public display was of nudity, exhibited by a bona fide art, antique or similar gallery or exhibition, and visible in a normal display setting. [1971 c.743 §262]

Notes of Decisions
Cited in 3 cases, 1995–2006 · leading case: State v. Vasquez-Rubio, 897 P.2d 324 (Or. Ct. App. 1995).
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State v. Vasquez-Rubio, 897 P.2d 324 (Or. Ct. App. 1995). “085; ORS 167.095; ORS 167.142; ORS 167.147(3); ORS 167.”
State v. Flajole, 129 P.3d 770 (Or. Ct. App. 2006). “035 (1971) (same in prosecution for theft); ORS 167.095 (1971) (same in prosecution for public display of nudity); ORS 683.”
State v. Atkeson, 954 P.2d 181 (Or. Ct. App. 1998). “060 to ORS 167.095. The definition of “obscene performance” specifically includes sexual conduct “whether pictured, animated or live.”
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