State v. Keller

*145SCHWAB, C. J.

Defendant was charged with the crime of harassment by a complaint that alleged he subjected the victim "to offensive physical contact, to-wit: by causing spital to land on the person of said [victim].” The parties treat "causing spital to land” as a convoluted way of saying defendant spit on the victim. Defendant demurred on the ground that spitting on another is not, as a matter of law, offensive physical contact and thus not prohibited by the harassment statute. The trial court granted the demurrer. The state appeals. We reverse.

ORS 166.065(l)(a) provides: "A person commits the…