State v. Corcilius

Under ORS 164.805(1), "a person commits the crime of offensive littering if they create an objectionable stench" by "discarding or depositing any rubbish, trash, garbage, debris or other refuse upon the land of another without permission of the owner."

Defendant appealed a judgment of conviction for violating ORS 164.805(1)(a) for offensive littering. Defendant assigns error to the trial court's denial of his motion for a judgment of acquittal. Defendant argued that ORS 164.805(1)(a) does not encompass public urination since through his act of urinating he neither discarded nor deposited "rubbish, trash, garbage, debris or other refuse." The state argued that the dictionary definitions of the terms can be used to encompass public urination under the exact language of ORS 164.805(1)(a). Under ORS 164.805(1), "a person commits the crime of offensive littering if they create an objectionable stench" by "discarding or depositing any rubbish, trash, garbage, debris or other refuse upon the land of another without permission of the owner." The Court held that urine does not fit within the ordinary meanings of the terms "rubbish, trash, garbage, debris or other refuse." Reversed.