In any prosecution for violation of ORS § 167.090, it shall be an affirmative defense for the defendant to prove:

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Terms Used In Oregon Statutes 167.095

  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.

(1) That the public display, even though in connection with a commercial venture, was primarily for artistic purposes or as a public service; or

(2) That the public display was of nudity, exhibited by a bona fide art, antique or similar gallery or exhibition, and visible in a normal display setting. [1971 c.743 § 262]