638 P.2d 480 | Or. | 1982
Prostitution as defined in the Oregon Criminal Code is committed when one engages in, offers or agrees to engage in, pays, or offers to or agrees to pay a fee to engage in sexual conduct or contact.
Defendant was charged with prostitution in a complaint which alleged that he “did unlawfully and knowingly agree to pay a fee to engage in sexual conduct.” Upon defendant’s demurrer, the district court dismissed the complaint because it alleged “knowingly” rather than “intentionally” as the required culpable mental state. The Court of Appeals reversed, 52 Or App 975, 630 P2d 382 (1981), and we allowed review.
Defendant attacks the complaint on constitutional grounds. He argues that the statutory prohibition against “offering” or “agreeing” would cover mere talk, in boast or in jest, and thus on its face impinge on freedom of speech under Oregon Constitution, article I, section 8,
Perhaps it makes little sense to fear that one might be criminally charged with “agreeing” without knowing that one was agreeing or intending to agree to anything, whatever might be true in some civil contexts. We need not pursue the question beyond holding that the complaint was not defective for failing to allege that defendant “intentionally” agreed to pay a fee for sexual conduct. The Court of Appeals correctly so held.
Affirmed.
ORS 167.007:
“(1) A person commits the crime of prostitution if:
“(a) He engages in or offers or agrees to engage in sexual conduct or sexual contact in return for a fee; or
(b) He pays or offers or agrees to pay a fee to engage in sexual conduct or sexual contact.
“(2) Prostitution is a Class A misdemeanor.”
Or Const art I, § 8:
“No law shall be passed restraining the free expression of opinion, or restricting the right to speak, write, or print freely on any subject whatever; but every person shall be responsible for the abuse of this right.”