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STATE v. GILBERT

90-1060; CA A68301.

852 P.2d 970 (1993)

120 Or. App. 611

STATE of Oregon, Respondent, v. Steven Hal GILBERT, Appellant.

Court of Appeals of Oregon.

Decided June 2, 1993.

Attorney(s) appearing for the Case

Ingrid A. MacFarlane, Deputy Public Defender, Salem, argued that cause, for appellant. With her on the brief was Sally L. Avera, Public Defender, Salem.

Ann Kelley, Asst. Atty. Gen., Salem, argued the cause, for respondent. With her on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Before RICHARDSON, C.J., and DEITS and DURHAM, JJ.

PER CURIAM.

Defendant was charged with and convicted of three counts of using a child in a display of sexually explicit conduct, ORS 163.670, and two counts of second degree sexual abuse. ORS 163.425. He demurred to the first three charges under ORS 163.670, alleging that the provisions of that statute are unconstitutionally vague and overbroad. The trial court overruled defendant's demurrer, and he appeals.

We upheld the validity of the statutory provisions...

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