State v. Rangel

Defendant was charged with stalking, ORS 163.732, by “unlawfully and knowingly alarm [ing] [the victim] by coming to her place of employment and threatening her” on repeated occasions. Defendant demurred to the accusatory instrument, and the trial court granted the demurrer on the ground that the stalking statute is overbroad in the speech that it proscribes and, therefore, violates Article I, section 8, of the Oregon constitution. The state appeals, and we reverse.

ORS 163.732(1) provides:

“(1) A person commits the crime of stalking if:

“(a) The person knowingly alarms or coerces another person…