State v. Harrington

The state appeals a trial court order sustaining defendant’s demurrer to a complaint charging racial intimidation. Former ORS 166.155. The intimidation statute enhances the penalty for criminal mischief, ORS 164.345, or harassment, ORS 166.065, when such crimes are motivated by the race, color, religion or national origin of the victim. The complaint in this case alleged “harassment.” Defendant challenged both ORS 166.065(1)(b) — the harassment statute — and ORS 166.155 — the racial intimidation statute — on numerous state and federal constitutional grounds. In ruling in defendant’s favor,…