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STATE v. CHAKERIAN

CC C93-07-34971, C93-07-34975, C93-07-34970, C93-07-34972, C93-07-34973; CA A83155 (Control), A83173, A83174, A83175, A83176; SC S42481.

938 P.2d 756 (1997)

325 Or. 370

STATE of Oregon, Appellant, v. Faith Erin CHAKERIAN, Respondent. STATE of Oregon, Respondent on Review, v. Hans Michael VON MOHN, Petitioner on Review. STATE of Oregon, Appellant, v. Collin Nyle BEGGS, Respondent. STATE of Oregon, Respondent on Review, v. Mark S. GOSNELL, Petitioner on Review. STATE of Oregon, Respondent on Review, v. Robert Peter McDONALD, Jr., Petitioner on Review.

Supreme Court of Oregon.

Decided June 12, 1997.

Attorney(s) appearing for the Case

Jesse Wm. Barton, Deputy Public Defender, Salem, argued the cause on behalf of petitioners on review. With him on the petition was Sally L. Avera, Public Defender.

Rives Kistler, Assistant Attorney General, Salem, argued the cause on behalf of respondent on review. With him on the brief were Theodore R. Kulongoski, Attorney General, and Virginia L. Linder, Solicitor General.

Savoy Rose Jade, Newport, filed an amicus curiae brief on behalf of the Oregon Criminal Defense Lawyers Association.

Before CARSON, C.J., and GILLETTE, VAN HOOMISSEN, FADELEY, GRABER and DURHAM, JJ.

GILLETTE, Justice.

In this criminal case, the issue is the facial constitutional validity of ORS 166.015, Oregon's "riot" statute, which provides:

"(1) A person commits the crime of riot if while participating with five or more other persons the person engages in tumultuous and violent conduct and thereby intentionally or recklessly creates a grave risk of causing public alarm. "(2) Riot is a Class C felony."

We hold that the statute is...

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