State v. Ballangrud

A sufficient pause is “a temporary or brief cessation of a defendant’s criminal conduct that occurs between repeated violations and is so marked in scope or quality that it affords a defendant the opportunity to renounce his or her criminal intent."

Defendant appealed multiple counts from his conviction. Defendant assigned error to the trial courts determination that the two counts of sexual abuse had a sufficient pause between them to prevent them from being merged into one. A sufficient pause is “a temporary or brief cessation of a defendant’s criminal conduct that occurs between repeated violations and is so marked in scope or quality that it affords a defendant the opportunity to renounce his or her criminal intent.” State v. Huffman, 234 Or App 177, 184, 227 P3d 1206 (2010). The Court explained that there was a sufficient pause even though the record failed to show how much time had elapsed between the events. The fact the defendant first touched the victim on the couch and then moved her to the bedroom before resuming was enough of a pause. The Court reasoned that the temporal break between the events was enough time for the defendant to renounce his intent. The court therefore did not err in determining that a sufficient pause separated the two acts of sexual abuse. Affirmed.