State v. Woodcock

*661YOUNG, J.

Defendant appeals his conviction for furnishing obscene materials to minors, a Class A misdemeanor. ORS 167.065(2). He argues on appeal that the trial court erred in overruling his demurrer, because ORS 167.065(1)(b) is unconstitutionally overbroad under Article I, section 8, of the Oregon Constitution.1 We agree and reverse.2

Defendant sold lapel buttons containing slogans not fit for print in these pages.3 He was convicted of furnishing material containing obscenities to minors in violation of ORS 167.065(1)(b), which provides in part:

“(1) A person commits the crime of furnishing…