Riley, J.
Morgan claims that Indiana Code section 7.1-5-1-3, which states that it is a Class B misdemeanor if an individual is intoxicated while in a public place and “harasses, annoys, or alarms another person[,]” is unconstitutionally vague. I.C. § 7.1-5-1-3(a)(4). Specifically, Morgan argues that “the statute fails to define ‘annoys,’ and there is no objective standard for evaluating what ‘annoys’” constitutes. (Appellant’s Br. p. 7). Morgan also contends that the statute encourages arbitrary and discriminatory enforcement.
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Morgan has raised an issue of first impression as Indiana courts have not previously construed the term “annoys” in the context of the public intoxication statute. Generally, statutorily undefined words are given their plain, ordinary, and usual meaning. Weideman, 890 N.E.2d at 32 (citing I.C. § 1-1-4-1(c)). To ascertain how ordinary people understand statutory terms, courts may consult dictionaries. Houston v. State, 898 N.E.2d 358, 362 (Ind. Ct. App. 2008), trans. denied. “Annoy” has been defined as: “to disturb or irritate especially by repeated acts” or “to harass especially by quick brief attacks.” MERRIAM-WEBSTER.COM. We find that this definition may encompass a vast array of human behavior, and the statute provides no guidance for distinguishing between acceptable and annoying conduct. See Brown v. State, 868 N.E.2d 464, 468 (Ind. 2007). Our court has previously addressed the constitutionality of other laws with similar language, and we find two decisions particularly instructive.
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Comparing our prior decisions to the case at hand, we find the challenged portion of Indiana’s public intoxication statute to be unconstitutionally vague. Namely, the statute neither requires that a defendant have specifically intended to annoy another, nor does it employ an objective standard to assess whether a defendant’s conduct would be annoying to a reasonable person. Furthermore, the statute does not mandate that the defendant have been first warned that his behavior was considered annoying conduct. Instead, this section of the statute enables arbitrary and discriminatory enforcement because the illegality of any conduct—no matter how trivial or how substantial—is based solely on the subjective feelings of a particular person at any given time.
C. Severability
It is a well-established rule of statutory construction that if, after striking a portion of a statute as unconstitutional, the “remainder, standing alone, is complete, sensible, and capable of execution, it is our duty to separate and reject the invalid section of the [statute] and allow the valid remainder of the [statute] to stand.” Lutz, 820 N.E.2d at 770. Here, we hold only that the term “annoying” is void for vagueness. As the removal of “annoying” from the section does not inhibit the statute’s execution, the remainder of Section (a) stands.
VAIDIK, C.J. and MAY, J. concur.