State v. Leers

To obtain a conviction under ORS 165.572(1) for interference with making a report, the state must prove three elements: (1) that the defendant took an action—removing, damaging or interfering with a telephone; (2) that the action “had the effect of preventing or hindering another person from making a report to 9-1-1”; and (3) that the defendant did so intentionally. 259 Or App at 40.

Defendant appealed from a judgment convicting him of interference with making a report, ORS 165.572, and disorderly conduct in the second degree, ORS 166.025. On appeal, Defendant assigned err to the trial court’s denial of his motion for judgement of acquittal, arguing that there was insufficient evidence to support a conviction for interfering with making a report. Defendant was threatening his mother when she made a phone call to 9-1-1, after conveying her location, Defendant’s name, and the urgency of the matter, Defendant gained control of the phone. Defendant ended the call and subsequently threw the phone into a nearby field. On appeal, Defendant argues that because his mother was able to convey necessary information to the police, he did not interfere with her efforts to make a report. To obtain a conviction under ORS 165.572(1) for interference with making a report, the state must prove  three elements: (1)  that  the  defendant  took  an  action—removing, damaging or interfering with a telephone; (2) that the action “had the effect of preventing or hindering another person from making a report to 9-1-1”; and (3) that the defendant did so intentionally. 259 Or App at 40. Affirmed.