Applied in 3 court decisions — leading case 134 Or. App. 646 - State v. Vasquez-Rubio (1995)
Most recently applied in 204 Or. App. 295 - State v. Flajole (February 2006)
1971 c.743 §262
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
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.
Official source: Oregon State Legislature. Reproduced from public-domain Oregon statutes; confirm against the official source for the current text. Not legal advice.