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STATE v. SPENCER

No. B47-427; CA 13453; SC 26493.

611 P.2d 1147 (1980)

289 Or. 225

STATE of Oregon, Respondent, v. Michael Dennis SPENCER, Petitioner.

Supreme Court of Oregon.

Decided June 3, 1980.

Attorney(s) appearing for the Case

David J. Phillips, Staff Atty., Public Defender Services of Lane County, Inc., Eugene, argued the cause for petitioner. With him on the briefs was Elizabeth A. Baldwin, Eugene.

Ronald J. Sticka, Asst. Dist. Atty., Eugene, argued the cause for respondent. With him on the brief was J. Pat Horton, Dist. Atty., Eugene.

Before DENECKE, C.J., and TONGUE, HOWELL, LENT, LINDE and PETERSON, JJ.

DENECKE, Chief Justice.

This case presents questions concerning the constitutionality of the Oregon disorderly conduct statute, ORS 166.025. The statute defines eight types of disorderly conduct. Petitioner/defendant was arrested and charged with a violation of § (1)(c), which 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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