State v. Dugger

Defendant publicly exposed his genitals while he was in the Frederick & Nelson department store, and he was charged with public indecency. ORS 163.465. He entered into a civil compromise with the store’s management pursuant to ORS 135.703 et seq., and the trial court dismissed the charge. The state appeals from the dismissal. We reverse.

ORS 135.703 provides:

“When a defendant is charged with a crime punishable as a misdemeanor for which the person injured by the act constituting the crime has a remedy by a civil action, the crime may be compromised, as provided in ORS 135.705, except when it…