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STATE v. MOYLE

DA 240844-8208; CA A28286; SC S30468.

705 P.2d 740 (1985)

299 Or. 691

STATE of Oregon, Respondent On Review, v. Kenneth Allen MOYLE, Petitioner On Review.

Supreme Court of Oregon, In Banc.

Decided August 27, 1985.

Attorney(s) appearing for the Case

Lawrence Matasar, Portland, argued the cause and filed a memorandum of law for petitioner on review. With him on the memorandum was Hoffman, Matasar & Glaeser, Portland. On petition for review were David L. Slader and Hoffman, Slader & Matasar. Marcia Levy, Metropolitan Public Defender, Portland, filed the brief and argued the cause in the Court of Appeals.

Robert W. Muir, Asst. Atty. Gen., Salem, argued the cause and filed a memorandum for respondent on review. With him on the memorandum were Dave Frohnmayer, Atty. Gen. and James E. Mountain, Jr., Sol. Gen., Salem. On brief was Dave Frohnmayer, Atty. Gen., James E. Mountain, Jr., Sol. Gen., and Jan Peter Londahl, Asst. Atty. Gen., Salem.

Cory Streisinger and Jack L. Landau, Portland, filed a brief of amicus curiae for American Civil Liberties Union of Oregon, Inc.

CARSON, Justice.

At issue in this case is the constitutionality of the statute that prohibits harassment, defined as alarming another person by conveying a telephonic or written threat to inflict serious physical injury or commit a felony. ORS 166.065(1)(d) provides:

"A person commits the crime of harassment if, with intent to harass, annoy or alarm another person, the actor: "* * * "Subjects another to alarm by conveying a telephonic...

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