State v. Scott

Defendant was charged with custodial interference in the second degree. ORS 163.245.1 At trial he demurred to the complaint on the ground that it did not contain an allegation that the person enticed was under the age of 16. The trial court overruled the demurrer and defendant was convicted.

The only issue on appeal is whether ORS 163.245(1) should be construed to mean that a person 16 years or older, and not suffering from any physical or mental disability, can be "enticed” within the meaning of ORS 163.245.

Defendant argues that the word "entice” is meaningless in the statute because no…