State v. Santana

Summary

The Oregon Court of Appeals reversed Jordan Daniel Santana’s contempt conviction for violating a protective order issued under the Elderly Persons and Persons with Disabilities Abuse Prevention Act. The court held that the evidence was insufficient to support a finding that Santana willfully contacted the protected person by attacking her kingdom in the online game Dice Dreams, because the state did not establish that he knew the kingdom belonged to her. The court did not decide whether the in-game conduct constituted prohibited contact under the order.

Holdings

1. The evidence was insufficient to support a finding that defendant willfully violated the restraining order because it did not permit a reasonable inference that defendant knew the kingdom he attacked belonged to the victim.

Questions Presented

1. Whether the evidence was sufficient to support a finding that defendant willfully violated the restraining order by attacking the victim's kingdom in an online game.
2. Whether defendant's in-game attack constituted prohibited contact under the restraining order; the court did not reach this issue because it reversed on willfulness.

Disposition

reversed