City of Portland v. Dollarhide

*291WARDEN, J.

Defendant was charged with prostitution under section 14.36.065 of the Portland City Code. That section defines the offense in terms that are materially identical to ORS 167.007, the state statute that makes prostitution a crime. Section 14.08.025 of the city code prescribes mandatory minimum fines and periods of imprisonment for prostitution and certain other offenses.1 There are no mandatory minimum penalties for prostitution under state law. ORS 167.007, 161.615,161.635. Defendant demurred to the complaint on the ground, inter alia, that the mandatory penalties under the city…