Chapter § 18.5

• Jurisdiction: Oregon

§ 18.5 PROCEDURE TO CHALLENGE STATUTE

In a criminal case, a defendant may raise a facial challenge under the framework described in Robertson, 293 Or 402 (see § 18.3), by demurring to the charge. See Illig-Renn, 341 Or at 230-35; Ausmus, 336 Or at 498, 505-07. See State v. Borowski, 231 Or App 511, 518, 220 P3d 100 (2009) (demurrer and motion to dismiss). A defendant may raise an as-applied challenge through a motion for judgment of acquittal. State v. Pucket, 291 Or App 771, 772, 422 P3d 341, rev den, 363 Or 727 (2018).

In a civil case, a plaintiff may challenge the constitutionality of a statute by means of a declaratory-judgment action. Couey, 305 Or App at 31. A defendant in a civil action may raise a facial or as-applied challenge to a statute as a defense. See Lahmann, 202 Or App 123 (challenge to...