The Oregon Indecent Exposure Laws Guide: Sentencing and Fines
The state of Oregon takes sex-related crimes very seriously, and Oregon's indecent exposure laws reflect this. Public indecency charges in Oregon can lead to probation, fines, and jail time, and may even affect your ability to get a job.
Oregon Public Indecency
Every U.S. state has public indecency laws that are aimed at protecting citizens from indecent exposure and escalation of behaviors. There are several U.S. states where showing your genitals in public in any manner, such as urinating, can result in public indecency charges. However, in the state of Oregon, public indecency charges are only placed when there is sexual intent. The aim of Oregon's indecent exposure laws is to protect the public from harmful and damaging sexual exposure from others.
Under ORS 165.465, a person commits the crime of public indecency if, while in a public place or place in public view, the person does one or more of the following:
Masturbation
Sexual intercourse. This includes any level of penetration.
Deviate sexual intercourse. This refers to any sexual acts involving the genitals of one person and the mouth or anus of another.
Exposure of genitals with the intent of sexual arousal of another person or oneself.
Oregon Private Indecency
ORS 163.467 discusses private indecency in Oregon. According to this statute, a person commits private indecency when:
The person, while in a place where another individual has a reasonable expectation of privacy, exposes his/her genitals with the intent of arousing sexual desire in him/herself or another individual.
The person is aware that the other individual is present and that the exposure of his/her genitals would be alarming or harmful.
Under this statute, places where an individual reasonably expects privacy include homes, yards, workplaces, and offices.
Oregon private indecency laws do not apply to people you live with whom you have a consensual sexual relationship. The aim of private indecency charges is to protect the public from non-consensual sexual exposure.
Oregon Indecent Exposure
Indecent exposure is a term used across the United States that broadly refers to the exposure of one's genitals or women’s breasts in public. Some states prohibit public nudity in any form. In the state of Oregon, however, indecent exposure refers specifically to exposure with the intent of sexual arousal in oneself or in another. Essentially, public nudity isn’t considered an issue in the state of Oregon unless there is the intent for sexual arousal or acts.
Public indecency laws and private indecency laws in Oregon generally cover indecent exposure. Both are typically charged as Class A misdemeanors. However, there are certain circumstances in which public indecency can be elevated to a felony charge.
Public exposure of women’s breasts is not covered under Oregon’s public indecency. However, if a woman chooses to show her breasts in public, she could be charged with disorderly conduct.
Penalties and Fines
Although indecent exposure laws in Oregon are more lenient than in some other states, the penalties are still serious. An indecent exposure conviction carries consequences that can impact you for life.
While the penalties and fines will depend upon your specific case, we have listed below a general overview of the penalties for indecent exposure in Oregon.
Public Indecency:
Class A Misdemeanor: up to one year in jail and fines up to $6250.
Class C Felony: up to 5 years in jail and fines up to $125,000.
Private Indecency:
Class A Misdemeanor: up to one year in jail and fines up to $6250.
Additional Penalties:
Registration as a sex offender: Depending on the specifics the case and situation, those convicted of a public indecency or private indecency charge may be required to register as a sex offender.
Community service and probation: The court may impose probation, mandatory counseling, treatment programs, and/or community service as part of the sentence.
When Is It A Misdemeanor?
In Oregon, public indecency laws typically classify indecent exposure as a Class A Misdemeanor. However, this is only the case if you have no previous public indecency convictions or conditions of certain sex offenses (such as third-degree rape or sexual misconduct).
When Is It A Felony?
As stated above, most public indecency charges in Oregon are considered Class A Misdemeanors. However, those charges may be elevated to Class C Felony in certain circumstances which typically include prior convictions of sex offenses or prior convictions of public indecency.
Portland Indecent Exposure Laws
Oregon indecent exposure state laws are focused on exposure with sexual intent. The city of Portland, however, has its own set of laws concerning indecent exposure. For example, in Portland, it’s illegal to expose your genitals in a public place or in view of a public place if the public place is open to the opposite sex. The aim of these laws is to prevent public nudity of any kind. So even though the Oregon indecent exposure laws don’t prohibit public urination, the laws in Portland make it illegal to do so within that city.
Is Public Urination Illegal?
While Oregon indecent exposure laws and public indecency laws don’t prohibit the exposure of genitals for non-sexual reasons, such as urination, certain cities in the state of Oregon do. These cities include Portland (as stated above), Ashland, Happy Valley, and Eugene. This is one reason why it is so important to be aware of your local laws in addition to your state laws.
Can You Be Naked In Your Own Yard?
In order to accurately answer this question, you need to consider the visibility of your yard. If your yard is totally secluded from public view, you have no reason to worry about Oregon indecent exposure charges. Even if your neighbors can see into your yard, you won’t be charged with indecent exposure for simply being naked in your yard. Remember, public indecency laws in Oregon focus on sexual intent. If you are nude in your yard performing sexual acts or trying to arouse your neighbors, you could be charged with indecent exposure.
Can You Work If You’re Convicted?
There are a number of consequences of being convicted of indecent exposure in Oregon. After you have paid your fines and/or served jail time, you will usually still be able to work. However, if part of your conviction resulted in you being registered as a sex offender, you cannot work where you would have contact with minors, which means you cannot work at places like daycares or schools.
Oregon Indecent Exposure Law Conclusion
If you or a loved one are facing indecent exposure charges in Oregon, we are here to help! We at Powell Law believe that everyone deserves the best possible defense, and our years of experience and expertise can help you navigate this challenging experience. Call us today for a free consultation!
*Nothing herein constitutes legal advice. You should obtain independent legal counsel regarding your specific factual situation.
