State v. Clark

*65TANZER, J.

The district court sustained defendant’s demurrer to a criminal complaint1 charging her with disorderly conduct on the ground that the underlying statute was unconstitutionally vague. The state appeals.

The statute at issue, ORS 166.025(l)(h), provides:

"(1) 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:

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"(h) Created a hazardous or physically offensive condition by any act which he is not licensed or privileged to do.”

We have hitherto upheld subsections (a) and (c),…