Is Prostitution Legal in Oregon and What are the Penalties?
The laws regarding prostitution can vary from state to state, leaving people to wonder if prostitution is legal in Oregon. Under Oregon law, it’s considered a crime to facilitate prostitution. This would include both the offering and buying of sex or sexual acts for a fee. In this article, we’ll discuss the details of prostitution laws in Oregon as well as the punishments and penalties associated with it. We’ll also talk about how an experienced Oregon criminal defense attorney can help advocate on your behalf if you’re involved in a case related to prostitution.
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Is Prostitution Legal in Oregon
Oregon has a variety of laws designed to criminalize prostitution and other related acts. The Oregon law ORS 167.008 states that it’s illegal to engage in sexual conduct or sexual contact in exchange for money. This means that you could potentially be arrested even if you imply that you’re willing to pay money for sex or sexual acts. Prostitution is not legal in Oregon, although some activities related to sex work are decriminalized.
In 1971, Oregon became the first state in the U.S. to decriminalize adult consensual sex work between two adults, meaning that selling sex or buying sex is not considered a crime. However, other activities related to prostitution such as promoting or soliciting prostitution, running a brothel, and engaging in sex work with a minor are still considered illegal and punishable by law. It's important to note that decriminalization does not mean legalization and sex workers still face significant stigma, discrimination, and violence despite the legal changes.
Prostitution Laws in Portland
Portland, Oregon has implemented several unique prostitution laws that differ from the rest of the state. In 2018, the Portland City Council unanimously passed a measure that targeted johns or buyers of sex. The measure increased penalties for those caught buying sex, and added a mandatory minimum fine of $1,000 for a first-time offense. Additionally, the measure required the buyers to attend a human trafficking class, and subjected them to vehicle impoundment.
Portland also has a unique program called "Trauma-Informed Prostitution Diversion," which aims to help people involved in sex work. The program is run by the city's police department and offers resources and assistance to individuals who are arrested for prostitution-related offenses. Instead of being charged and jailed, individuals can choose to participate in the program, which includes counseling, support groups, job training, and housing assistance.
Portland Laws Compared To Oregon
Another significant difference between Portland and the rest of Oregon is the city's approach to street-level prostitution. While many cities have implemented harsher penalties for street-level prostitution, Portland has taken a different approach. The city has implemented a program called "John School," which requires people arrested for solicitation of prostitution to attend a class where they learn about the harms of prostitution and how it contributes to human trafficking.
The goal of the program is to educate people about the realities of sex work and encourage them to seek help for any underlying issues, rather than punishing them with jail time. Overall, Portland's unique approach to prostitution laws aims to address the root causes of sex work and provide resources and support to those involved in the industry. While prostitution is still illegal in Oregon, Portland's programs and initiatives demonstrate a commitment to addressing the issue in a more holistic and compassionate manner.
Oregon Patronizing Laws
The state of Oregon maintains strict laws when it comes to patronizing or soliciting prostitution. It’s illegal to pay, offer to pay, or agree to pay for sexual conduct, or to communicate or attempt to communicate with another person with the intent to engage in prostitution.
In addition to criminal penalties, those convicted of patronizing prostitution may also face mandatory testing for sexually transmitted infections (STIs) and may be required to attend a human trafficking class. It's important to note that while the buying of sex is not considered a crime in Oregon, it’s still illegal to engage in activities related to prostitution, such as promoting or facilitating prostitution, running a brothel, or engaging in sex work with a minor.
Oregon Laws Against Promoting Prostitution
It’s illegal to induce or attempt to induce another person to engage in prostitution, to profit from prostitution, or to facilitate or arrange prostitution in the state of Oregon. This can include activities such as advertising or soliciting sex work, operating a brothel or escort service, or arranging for clients to meet with sex workers. Those convicted of promoting prostitution can face severe penalties, including fines, imprisonment, and mandatory registration as sex offenders.
The severity of the penalties depends on several factors, such as the age of the person involved in prostitution and whether force, fraud, or coercion was used to induce the person to engage in prostitution. Promoting prostitution involving minors is considered a particularly serious offense, and can result in a minimum sentence of 100 months in prison. These laws aim to prevent the exploitation and victimization of individuals involved in the sex industry, particularly those who are vulnerable or underage.
Laws Against Forced Prostitution
Forced prostitution is also known as sex trafficking. It’s illegal to recruit, harbor, transport, or obtain a person for the purpose of forced prostitution or to benefit financially from the proceeds of such activity. Additionally, it’s illegal to use force, fraud, or coercion to induce a person to engage in prostitution or to exploit a person who is already engaged in prostitution. Those convicted of sex trafficking offenses in Oregon face severe penalties, The severity of the penalties can increase if the victim is a minor or if force or violence is used to commit the offense.
Oregon law also provides for a range of services and protections for victims of sex trafficking, including access to shelter, medical care, counseling, and legal representation. Victims of sex trafficking may also be eligible for a range of civil remedies, such as restitution and compensation.
Defenses
In Oregon, there are limited defenses available for those charged with prostitution-related offenses. The most common defense is that the defendant did not know or could not reasonably have known that the person with whom they engaged in sexual conduct was a prostitute. This defense is typically only available in cases where the defendant had a good faith belief that the other person was not engaged in prostitution. Another
possible defense is that the defendant was coerced or forced into engaging in prostitution, such as if they were threatened or physically forced to do so by another person. However, this defense can be difficult to prove in court. Keep in mind that while some jurisdictions in the United States have implemented "sex worker immunity" laws that provide limited legal protection for individuals engaged in sex work, Oregon has not yet adopted such a law. As a result, those engaged in prostitution in Oregon still face significant legal risks and should be aware of the potential consequences of their actions.
Charges Related to Prostitution in Oregon
Here is a list of the punishments and charges for prostitution-related offenses in Oregon:
1. Patronizing a prostitute: A first offense is considered a Class A misdemeanor, punishable by a fine of up to $6,250 and up to one year in jail. A second offense is a Class C felony, with penalties of up to five years in prison and a fine of up to $125,000.
2. Promoting prostitution: This offense is a Class C felony, punishable by up to five years in prison and a fine of up to $125,000. Those convicted of promoting prostitution involving minors can face a minimum sentence of 100 months in prison.
3. Sex trafficking: This offense is a Class B felony, punishable by up to 20 years in prison and a fine of up to $375,000. The severity of the penalties can increase if the victim is a minor or if force or violence is used to commit the offense.
4. Racketeering: Those engaged in a pattern of unlawful activity, such as operating a prostitution ring, may be charged with racketeering. This offense is a Class A felony, punishable by up to 20 years in prison and a fine of up to $375,000.
5. Registered sex offender: Those convicted of certain prostitution-related offenses may be required to register as sex offenders. This can have serious and long-lasting consequences for the individual, including restrictions on where they can live and work, and public notification of their status as a sex offender.
How an Oregon Lawyer Can Help
If you are facing charges related to prostitution in Oregon, it's important to seek the help of an experienced lawyer like Shannon Powell. As a criminal defense attorney with extensive experience in prostitution-related cases, Shannon can provide you with the legal advice, support, and representation you need to navigate the complex legal system and achieve the best possible outcome for your case. Shannon understands the seriousness of prostitution-related offenses and will work tirelessly to protect your rights, defend your interests, and minimize the impact of the charges on your life. Whether you are facing charges of patronizing a prostitute, promoting prostitution, sex trafficking, or another prostitution-related offense, Shannon can provide the legal guidance and representation you need to help you move forward with your life. We serve the entire Portland area and can help you with your criminal defense issues but if you’re in Central Oregon such as Medford, we recommend Kollie Law.
*Nothing herein constitutes legal advice. You should obtain independent legal counsel regarding your specific factual situation.
