Not so fast, KGW

So KGW thinks that ""Oregon High Court Rules Live Sex Shows Should Be Allowed." Perhaps its reporters did not read the opinion. Mr. Ciancanelli LOST -- he didn't win. The eloquent first 3/4 of the opinion, with its very important and helpful clarification of Robertson, is of little comfort to Mr. Ciancanelli. Live sex shows can now be prosecuted under the "promoting prostitution" statute. This opinion will be the death knell of adult video stores and every other kind of provider of movies that show two adults engaged for pay in "sexual conduct" or "sexual contact" as defined in ORS 167.002.

A person promotes prostitution if, with intent to promote prostitution, the person "receives *** money *** pursuant to an *** understanding that the money *** is derived from a prostitution activity." ORS 167.012. Surely a person who makes a film of the activity that went on in Mr. Ciancanelli's establishment is "promoting prostitution" just as much as Mr. Ciancanelli was. And how about the purchaser? Or the hotel that sells such films to its guests on a pay-per-view basis?

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