State v. Donahue

The state appeals from an order sustaining defendant’s demurrer to a criminal complaint charging him with the crime of disorderly conduct, ORS 166.025(1)(a) and (c). 1 The only issue is whether the statutory definition of the crime is unconstitutionally vague. We find no impermissible vagueness and reverse.

ORS 166.025 provides in pertinent part:

"A person commits the crime of disorderly conduct if, with intent to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof, he:

"(a) Engages in fighting or in violent, tumultuous or threatening behavior; or

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"(c)…