State v. Larsen

The circuit court sustained defendant’s demurrer to a criminal complaint charging him with the crime of harassment, and the state appeals. The only issue is whether the applicable subsection of the harassment statute is unconstitutionally vague.

ORS 166.065 specifies four means of committing the crime of harassment:

"(1) A person commits the crime of harassment if, with intent to harass, annoy or alarm another person, he:

"(a) Subjects another to offensive physical contact; or

"(b) Publicly insults another by abusive or obscene words or gestures in a manner likely to provoke a violent or…