Opinion
J85-2979; CA A41216
Argued and submitted February 23, 1987.
Affirmed April 8, reconsideration denied June 12, petition for review denied July 28, 1987 ( 303 Or. 700).
Appeal from the Circuit Court, Douglas County, Robert H. Anderson, Judge.
Stephen J. Williams, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.
Thomas H. Denney, Assistant Attorney General, Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Attorney General, and Virginia L. Linder, Solicitor General, Salem.
Before Buttler, Presiding Judge, and Warren and Rossman, Judges.
PER CURIAM
Affirmed.
Defendant appeals his conviction for criminal nonsupport, contending that the statute under which he was convicted, ORS 163.555(1), is unconstitutionally vague and therefore violates Article I, sections 20 and 21, of the Oregon Constitution. We affirm.
ORS 163.555(1) provides:
"A person commits the crime of criminal nonsupport if, being the parent, lawful guardian or other person lawfully charged with the support of a child under 18 years of age, born in or out of wedlock, the person refuses or neglects without lawful excuse to provide support for such child."
In State v. Timmons, 75 Or. App. 678, 706 P.2d 1018, rev den 300 Or. 451 (1985), we concluded that the language in ORS 163.555(1), "without lawful excuse," which defendant contends violates the state constitution, is not unconstitutionally vague under the Fourteenth Amendment. We reach the same result under the Oregon Constitution. Defendant urges us to adopt the reasoning of the Washington Supreme Court in State v. Richmond, 102 Wn.2d 242, 683 P.2d 1093 (1984), to reach a contrary conclusion. However, we specifically rejected that reasoning in State v. Timmons, supra, 75 Or App at 681.
Affirmed.