State v. McDaniel, 251 OrApp 345 (2012)

Holding:   Fact that police attracted Defendant by posting a fictitious ad on craigslist offering to trade sex for drugs did not amount to entrapment.

1)   We “determine the intended meaning of (a) statute by examining its text in context, along with legislative history and, if necessary, other aids to construction.” citing State v. Gaines. at p. 352.

2)  Where there is no statutory definition, Courts give common words their “ordinary” meaning and consult contemporary dictionaries to divine what is ordinary. at p. 352.

3)   A statute’s context includes the state of the common law at the time of its enactment. at p. 353.

4)  “Later judicial decisions, because they were not available for consideration by the legislature at the time of enactment, do not bear on the meaning of the statutory text.” at p. 353.

5)   Commentary to the 1971 revision of the criminal code, and, the federal cases referenced therein, provide important legislative history. at pp. 354-57.

6)   Past court decisions interpreting the statute, even if they didn’t employ the State v. Gaines methodology, are part of a statute’s context. at pp. 358-59.

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