Indecency

INDECENCY – OREGON

Public Indecency (ORS 163.465)

  • A person commits the crime of public indecency if while in, or in view of, a public place the person performs:
    • An act of sexual intercourse; or
    • An act of deviate sexual intercourse; or
    • An act of exposing the genitals of the person with the intent of arousing the sexual desire of the person or another person
  • Class A misdemeanor
  • Public indecency become a class C felony if the person has prior conviction for public indecency or a crime described in ORS 163.355 to ORS 163.445, or for a crime in another jurisdiction that, if committed in this state, would constitute public indecency

Private Indecency (ORS 163.467)

  • A person commits the crime of private indecency if the person exposes the genitals of the person with the intent of arousing sexual desire of the person or another person and:
    • The person is in a place where another person has a reasonable expectation of privacy;
    • The person is in view of the other person
    • The exposure reasonably would be expected to alarm or annoy the other person; and
    • The person knows that the other person did not consent to this exposure
  • Class A misdemeanor.
  • This crime does not apply to a person who commits the act described above if the person cohabits with and is involved in a sexually intimate relationship with the other person

INDECENCY – WASHINGTON STATE

Indecent Liberties (RCW 9A.44.100)

  • A person is guilty of indecent liberties when he or she knowingly causes another person who is not his or her spouse to have sexual contact with him or with another:
    • By forcible compulsion
    • When the other person is incapable of consent by reason of being mentally defective, mentally incapacitated, or physically helpless;
    • When the victim is a person with a developmental disability and the perpetrator is not married to the victim and who:
      • Has supervisory authority over the victim; or
      • Was providing transportation, within the course of his or her employment, to the victim at the time of the offense
    • When the perpetrator is a health care provider, the victim is a client or patient, and the sexual contact occurs during a treatment, session, consultation, interview, or examination
    • When the victim is a resident of a facility for persons with a mental disorder or chemical dependency and the perpetrator is not married to the victim and has supervisory authority over the victim
    • When the victim is a frail elder or vulnerable adult and the perpetrator is not married to the victim and who:
      • Has a significant relationship with the victim; or
      • Was providing transportation, within the course of his or her employment, at the time of the offense
  • Class B felony
  • Indecent liberties by forcible compulsion is a class A felony

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