State v. Vanorden

ORS 166.070(1)(c), defines aggravated harassment as “intentionally propelling saliva at the public safety officer, and the saliva comes into physical contact with the public safety officer[.]"

Defendant appealed a conviction on two counts of aggravated harassment (Counts 1 and 2).  The incident occurred when Defendant spat in the direction of one of the arresting officers, and the wind carried the spit into the faces of the other two. Defendant moved for a judgment of acquittal on both counts, arguing that the state failed to show the requisite intent toward the two officers he hit with his spit. On appeal, Defendant argued that the doctrine of transferred intent, under which intent can be transferred from the intended target to a different person, was not described in the Oregon criminal code, and has never applied the doctrine in cases other than murder. The State responded that transferred intent applied to the offense of aggravated harassment, citing legislative history indicating the intent to criminalize intentionally spitting at a public safety officer. ORS 166.070(1)(c), defines aggravated harassment as “intentionally propelling saliva at the public safety officer, and the saliva comes into physical contact with the public safety officer[.] (Emphasis Added.)" The Court held that the text of the statute did not support the application of transferred intent and concluded there was insufficient evidence that Defendant aimed directly at the officers. Convictions on Counts 1 and 2 reversed; otherwise affirmed.