State v. H.D.E.

“[A] person initiates [a] false report ‘if the person falsely alleges new circumstances to which the law enforcement agency is reasonably likely to respond as a current separate crime or emergency itself.’” State v. Branch, 362 Or 351, 368 (2018).

The State appealed reversal of Defendant’s conviction of initiating a false report. The State assigned error to the appellate court’s grant of motion for judgment of acquittal. On appeal, the State argued it had proven, under ORS 162.375(1), that Defendant knowingly initiated a false report of alleged assault, and the truthful statements in Defendant’s report were immaterial. In response, Defendant argued that conviction was proper only where false reporting triggered utilizing resources beyond those expended in response to the accompanying truthful statements. “[A] person initiates [a] false report ‘if the person falsely alleges new circumstances to which the law enforcement agency is reasonably likely to respond as a current separate crime or emergency itself.’” State v. Branch, 362 Or 351, 368 (2018). The Court relied on its interpretation of ORS 162.375(1) in Branch that false reporting of one crime “made alongside a truthful allegation of a different crime” can be sufficient to establish a violation. The Court reasoned that Defendant’s report of alleged assault caused the agency to conduct a new investigation, not one already underway. The Court found that even though the legislative history showed a concern about conserving resources, the State did not have to prove additional expenditure of resources to support a conviction of Initiating a False Report. Reversed and remanded.