Under Oregon's laws, it is a crime to buy or sell sex, make money from or facilitate prostitution, or force another person to engage in prostitution. Learn how Oregon defines and penalizes prostitution offenses.
No. Prostitution and related offenses are not legal in Oregon. Like many states, Oregon prohibits and penalizes prostitution offenses committed by those who:
Oregon defines prostitution as engaging in sexual conduct or contact for a fee. Sexual conduct and contact include sexual intercourse, oral and anal sex, and touching of another sexual organs or intimate parts for sexual gratification.
(Or. Rev. Stat. § 167.002 (2024).)
In Oregon, a person commits the crime of prostitution by engaging in, agreeing to engage in, or offering to engage in sexual conduct or contact for a fee. Prostitution carries Class A misdemeanor penalties of up to 364 days in jail and a $6,250 fine.
Victims of sex trafficking can raise their victim status as a complete defense to prostitution charges.
Many states have laws prohibiting the arrest or charging of children engaged in prostitution—called "safe harbor" laws. While Oregon allows a child charged with prostitution to raise the trafficking victim defense described above, the state doesn't provide safe harbors from arrest or prosecution. Starting in 2024, youth taken into custody will be screened for suspected sex trafficking and should be provided victim resources.
(Or. Rev. Stat. §§ 167.007, 419C.030 (2024).)
For patrons or customers of prostitution services, Oregon classifies their offense as a misdemeanor or felony, depending on the age of the victim.
Anyone who pays, offers to pay, or agrees to pay an adult a fee in exchange for sexual conduct or contact commits the crime of "commercial sexual solicitation." These patrons (or "johns") commit Class A misdemeanors, punishable by up to 364 days of jail time and a $6,250 fine.
Purchasing sex with a minor carries much harsher penalties. A person who pays, offers to pay, or agrees to pay a fee for sexual conduct or contact with a minor younger than 18 commits a Class C felony for a first offense and a Class B felony for any subsequent offenses. It's a crime under this section even if a police officer or agent poses as a minor.
First offense. A first conviction comes with a mandatory minimum 30-day jail sentence, a minimum $10,000 fine, and the requirement to complete "john school." The maximum penalty for a Class C felony is five years in prison and a $125,000 fine. A defendant who's crime involved a 16- or 17-year-old may raise reasonable mistake of age as a defense. This defense doesn't apply to when a victim is younger than 16.
Subsequent offenses. Repeat convictions for purchasing sex with a minor carry a minimum $20,000 fine. The maximum penalty for a Class B felony is 10 years in prison and a $250,000 fine. The person will also be required to register as a sex offender. Mistake of age is not allowed as a defense for a repeat offender.
(Ore. Rev. Stat. §§ 163.413, 163A.005, 167.008 (2024).)
Laws against promoting prostitution are aimed at third parties who benefit from or help others commit prostitution. In order to be convicted of promoting prostitution in Oregon, the defendant must know that prostitution is occurring.
In Oregon, a person promotes prostitution by knowingly doing any of the following:
For example, a person who finds customers for prostitutes could be convicted of promoting. A pimp who takes a cut of a prostitute's earnings would also fall under this section.
Promoting prostitution is a Class C felony, punishable by up to five years in prison and a $125,000 fine.
(Or. Rev. Stat. § 167.012 (2024).)
Compelling someone to engage in prostitution by inducement, force, or intimidation is a Class B felony in Oregon. This law makes it a crime to:
A person convicted of a Class B felony faces up to 10 years' imprisonment and a fine of up to $250,000.
(Or. Rev. Stat. § 167.017 (2024).)
A person can face trafficking charges if they knowingly recruit, entice, harbor, or transport someone and know or recklessly disregard facts showing that victim:
This crime also applies to someone who benefits financially or otherwise from the trafficking activities.
Sex trafficking is a class A felony, punishable by up to 20 years in prison and a $375,000 fine. Those who benefit financially or otherwise can face class B felony penalties.
(Or. Rev. Stat. § 163.266 (2024).)
People convicted of promoting or compelling prostitution and sex trafficking are required to register as sex offenders in Oregon. A person convicted of a repeat offense for purchasing sex with a minor must also register.
(Or. Rev. Stat. § 163A.005 (2024).)
A criminal conviction related to prostitution can have dire consequences, including time in prison or jail, stiff fines, job loss, and even sex offender registration—which can impose lasting restrictions on your ability to work and live where you choose. If you are charged with such a crime, contact an Oregon criminal defense attorney. An experienced defense attorney will be able to tell you what to expect in court and advocate on your behalf so that you can achieve the best possible outcome in your case.
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