State v. House

In State v. House, 66 Or App 953, 676 P2d 892 (1984), we reversed defendant’s conviction for engaging in “sexual conduct” in a “live public show.” ORS 167.062(1). We held that ORS 167.062(1) is overbroad, that on its face it violates Article 1, section 8, of the Oregon Constitution, and that defendant’s demurrer to the indictment should have been sustained.

ORS 167.062 (1) provides:

“It is unlawful for any person to knowingly engage in sadomasochistic abuse or sexual conduct in a live public show.

“Sadomasochistic abuse” and “sexual conduct” are defined in separate definitional sections:

“…