State v. McIntyre

In this criminal prosecution involving, inter alia, a charge of promoting prostitution, ORS 167.012,1 the state appeals a pretrial order excluding two rap music videos— viz., “Turn This Up” and “Pimp’n (All I Know).” Defendant appeared in both videos and made general statements in one of them that, according to the state, describe his involvement in the prostitution trade. The trial court excluded the rap videos under OEC 403, reasoning that their probative value was substantially outweighed by the danger of unfair prejudice and their potential to distract the jury.

On appeal, the state…