OREGON PUBLIC INDECENCY AND PRIVATE INDECENCY LAWS

WHAT IS PUBLIC INDECENCY IN OREGON? 

   ORS 163.465 Public indecency.

      (1) A person commits the crime of public indecency if while in, or in view of, a public place the person performs:

      (a) An act of sexual intercourse;

      (b) An act of oral or anal sexual intercourse;

      (c) Masturbation; or

      (d) An act of exposing the genitals of the person with the intent of arousing the sexual desire of the person or another person.

      (2)(a) Public indecency is a Class A misdemeanor.

      (b) Notwithstanding paragraph (a) of this subsection, public indecency is a Class C felony if the person has a prior conviction for public indecency or a crime described in ORS 163.355 to 163.445 or 163.665 to 163.693 or for a crime in another jurisdiction that, if committed in this state, would constitute public indecency or a crime described in ORS 163.355 to 163.445 or 163.665 to 163.693. [1971 c.743 §120; 1999 c.962 §1; 2005 c.434 §1; 2017 c.318 §10; 2019 c.65 §1; 2023 c.198 §1]

   ORS 163.466 Classification of felony public indecency.

The Oregon Criminal Justice Commission shall classify felony public indecency as a person felony and crime category 6 of the sentencing guidelines grid of the commission. [1999 c.962 §3]

WHAT IS PRIVATE INDECENCY IN OREGON? 

   ORS 163.467 Private indecency.

  (1) A person commits the crime of private indecency if the person exposes the genitals of the person with the intent of arousing the sexual desire of the person or another person and:

   (a) The person is in a place where another person has a reasonable expectation of privacy;

   (b) The person is in view of the other person;

   (c) The exposure reasonably would be expected to alarm or annoy the other person; and

   (d) The person knows that the other person did not consent to the exposure.

   (2) Private indecency is a Class A misdemeanor.

   (3) Subsection (1) of this section does not apply to a person who commits the act described in subsection (1) of this section if the person cohabits with and is involved in a sexually intimate relationship with the other person.

   (4) For purposes of this section, “place where another person has a reasonable expectation of privacy” includes, but is not limited to, residences, yards of residences, working areas and offices. [1999 c.869 §2]