City of Portland v. Jackson

*145PETERSON, J.

The issue in this case is this: When a state statute that forbids public exposure of genitalia has as an element “the intent of arousing the sexual desire of the person or another person,” and a defendant is prosecuted under a city ordinance that forbids public exposure of genitalia, regardless of the defendant’s culpable mental state, is the city ordinance in conflict with the statute and therefore invalid under the “home rule” provision of the Oregon Constitution, Article XI, section 2? We hold that the city ordinance is not invalid.

Defendant was charged with a crime, “indecent…