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71 Or. App. 833

State v. Lowery

Court of Appeals of Oregon

Decided January 23, 1985

Court of Appeals of Oregon · decided 1985-01-23

Applies OR 166 § 166.065

Decided 1985-01-23

PER CURIAM

¶1The state appeals a trial court judgment dismissing a complaint charging defendant with harassment under ORS 166.065(1)(f),1 on the ground the statute was unconstitutionally vague. Contrary to the view of the trial court, we find the statute clear and unambiguous. Neither do we find merit in any other theory of unconstitutionality advanced by defendant.

¶2Reversed and remanded with instructions to reinstate the complaint.

¶3 ORS 166.065(l)(f) provides:

“(1) A person commits the crime of harassment if, with intent to harass, annoy or alarm another person, the actor:
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(f) Causes the telephone of another to ring with no communicative purpose."
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