- Court: Oregon Supreme Court
- Area(s) of Law: Criminal Law
- Date Filed: 08-08-2019
- Case #: S065734
- Judge(s)/Court Below: Nelson, J. for the Court; Walters, C.J.; Balmer, J.; Nakamoto, J.; Flynn, J.; & Duncan, J.
- Full Text Opinion
Defendant appealed from the Court of Appeals decision affirming his conviction of hindering prosecution for “conceal[ing]” a person wanted under a felony arrest warrant pursuant to ORS 162.325(1)(a). On appeal, Defendant argued the State did not show he physically hid a wanted person in a particular location and as such, the State failed to prove he “concealed” the wanted person. In response, the State argued Defendant concealed the wanted person in denying knowing the whereabouts of this person. "'[C]onceal' requires conduct by the defenant that hides the person who committed a crime punishable as a felony from ordinary observation." The Court found that the legislature did not intend for ORS 162.325(1)(a) to include denial of a wanted person's whereabouts as "concealing." The Court held that ORS 162.325(1)(a) requires that Defendant had physically hidden a wanted person from ordinary observation and denial of knowledge regarding a wanted person's whereabouts does not satisfy that requirement. Thus, the State did not prove Defendant’s conduct “concealed” the wanted person. Reversed and remanded.