State v. Bostwick

Under ORS 162.355, a person falsely simulates the legal process when they intentionally transmit "fake, imitation, counterfeit, or pretend document that appears to be, in both form and substance, a genuine legal document."

Defendant appealed a conviction for simulating legal process resulting from incidents where he sent a copy of a judgment for an unrelated case instead of a summons or notice. Defendant assigned error to the trial court’s denial of his motion for judgment of acquittal. In response, the State argued that the Defendant’s conduct constituted simulating legal process because he attempted to mislead and defraud the victim by sending unrelated documents. Under ORS 162.355, a person simulates the legal process when they intentionally give another person “any document that in form or substance falsely simulates civil or criminal process.” ORS 162.355(1). The Court examined the plain meaning and context of the statute and found it was intended to prevent the transmission of “fake, imitation, counterfeit, or pretend document that appears to be, in both form and substance, a genuine legal document.” Accordingly, the Court held that Defendant did not violate ORS 162.355 because the documents were genuine legal documents and they did not imitate the civil or criminal process. Reversed and remanded.