STATE v. HOUSE

TC 82-0265; CA A25766; SC S30562.

698 P.2d 951 (1985)

299 Or. 78

STATE of Oregon, Petitioner On Review, v. Scott Wayne HOUSE, Respondent On Review.

Supreme Court of Oregon, In Banc.

Reassigned April 17, 1985.

Decided April 23, 1985.


Attorney(s) appearing for the Case

Stephen F. Peifer, Asst. Atty. Gen., Salem, argued the cause for petitioner on review. With him on the petition was Dave Frohnmayer, Atty. Gen., and James E. Mountain, Jr., Solicitor General, Salem.

Rex Armstrong, of Kell, Alterman & Runstein, Portland, argued the cause for respondent on review. With him on the response to the petition for review was Stuart J. Cutler, Chief Public Defender, Hillsboro.


JONES, Justice.

Defendant was charged with engaging in sexual conduct in a live public show, a violation of ORS 167.062(1). ORS 167.062 reads in pertinent part:

"(1) It is unlawful for any person to knowingly engage in * * * sexual conduct in a live public show. "* * * "(5) As used in * * * this section unless the context requires otherwise: (a) `Live public show' means a public show in which human beings, animals, or both appear...

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