State v. Holsclaw

"‘Premises where persons under 18 years of age regularly congregate’ means schools, child care centers, playgrounds, other places intended for use primarily by persons under 18 years of age and places where persons under 18 years of age gather for regularly scheduled educational and recreational programs.” ORS 163.476(2)(a)(2013).

Defendant appealed his conviction of seven counts of unlawfully being in a location where children regularly congregate, ORS 163.476 (2013). Defendant assigned error to the trial court’s denial for judgment of acquittal. On appeal, Defendant argued he did not use part of the YMCA facility while children’s activities were scheduled, and thus, meet the definition of “places where persons under 18 years of age gather for regularly scheduled educational and recreational programs.” "‘Premises where persons under 18 years of age regularly congregate’ means schools, child care centers, playgrounds, other places intended for use primarily by persons under 18 years of age and places where persons under 18 years of age gather for regularly scheduled educational and recreational programs.” ORS 163.476(2)(a)(2013). By examining the text, context, and legislative history, the Court of Appeals found the definition of “place” to mean a building or physical environment for a special purpose, and “regularly” to mean a uniform occurrence. The Court of Appeals held there was no textual indication that “regularly congregates” was intended to mean only when children activities was scheduled. Affirmed.