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CITY OF PORTLAND v. JACKSON

DC DA 396491-8906; CA A64089; SC S39063.

850 P.2d 1093 (1993)

316 Or. 143

CITY OF PORTLAND, Petitioner on Review, v. Lugene Alva JACKSON, Respondent on Review.

Supreme Court of Oregon, In Banc.

Decided April 29, 1993.

Attorney(s) appearing for the Case

Madelyn F. Wessel, Deputy City Atty., Portland, argued the cause and filed the petition for petitioner on review.

Garrett A. Richardson, Multnomah Defenders, Inc., Portland, argued the cause for respondent on review.

PETERSON, Justice.

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

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