Oregon Statutes 167.062 – 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.
Attorney's Note
Under the Oregon Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class C felony | up to 5 years | up to $125,000 |
| Class A misdemeanor | up to 364 days | up to $6,250 |
Terms Used In Oregon Statutes 167.062
- City: includes any incorporated village or town. See Oregon Statutes 174.100
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
(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, 167.007 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]
[1971 c.743 § 256; repealed by 2007 c.869 § 11]
[1971 c.743 § 257; repealed by 2007 c.869 § 11]
(1) A person commits the crime of exhibiting an obscene performance to a minor if the minor is unaccompanied by the parent or lawful guardian of the minor, and for a monetary consideration or other valuable commodity or service, the person knowingly or recklessly:
(a) Exhibits an obscene performance to the minor; or
(b) Sells an admission ticket or other means to gain entrance to an obscene performance to the minor; or
(c) Permits the admission of the minor to premises whereon there is exhibited an obscene performance.
(2) No employee is liable to prosecution under this section or under any city or home-rule county ordinance for exhibiting or possessing with intent to exhibit any obscene motion picture provided the employee is acting within the scope of regular employment at a showing open to the public.
(3) As used in this section, ’employee’ means any person regularly employed by the owner or operator of a motion picture theater if the person has no financial interest other than salary or wages in the ownership or operation of the motion picture theater, no financial interest in or control over the selection of the motion pictures shown in the theater, and is working within the motion picture theater where the person is regularly employed, but does not include a manager of the motion picture theater.
(4) Exhibiting an obscene performance to a minor 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 § 258]