State v. Lopez

Defendant appeals his conviction for telephonic harassment. ORS 166.090. He assigns error to the trial court’s denial of his motion to acquit. ORS 166.090(1)(b) requires that a victim of telephonic harassment “answer” the harassing telephone call in order for there to be a completed offense. Defendant argues that the state failed to prove that the victim answered the telephone. We agree and reverse and remand for resentencing.

The facts are not in dispute. Defendant was charged with harassing the victim on or about November 14,1995, by causing her telephone to ring and causing her to answer…