State v. Shaneace L.

2001 NMCA 005, 18 P.3d 330, 130 N.M. 89
CourtNew Mexico Court of Appeals
DecidedDecember 14, 2000
DocketNo. 20797
StatusPublished
Cited by31 cases

This text of 2001 NMCA 005 (State v. Shaneace L.) is published on Counsel Stack Legal Research, covering New Mexico Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Shaneace L., 2001 NMCA 005, 18 P.3d 330, 130 N.M. 89 (N.M. Ct. App. 2000).

Opinion

OPINION

WECHSLER, Judge.

{1} The children’s court adjudicated Shaneace L. (Child) to be delinquent by virtue of Child’s violation of NMSA 1978, § 30-20-12 (1967), which prohibits the use of a telephone to terrify, intimidate, threaten, harass, annoy, or offend another. Child made the remarks found to violate Section 30-20-12 in a three-way telephone conversation physically initiated by a friend. We affirm, concluding that Child’s actions were sufficient to fall within the proscription of Section 30-20-12 and that the evidence was sufficient to support the children’s court’s finding of violation of the statute.

Facts

{2} In an incident involving what Child considered “stupid high school trash talking,” Child’s friend, Danielle, telephoned Child and informed her that Cynthia had threatened to fight Child. Child asked Danielle for Cynthia’s telephone number, but Danielle refused, saying that she would add Cynthia to their telephone call and completed the three-way call immediately.

{3} Cynthia testified that Child told her in the telephone conversation that if Cynthia did not stop seeing Anthony, Child would kill Cynthia and her baby. Cynthia was pregnant at the time of the call. Although she agreed that the conversation was “stupid trash talk,” Cynthia testified that she felt threatened, harassed, and in danger. She called the police to report the conversation the same day. Child denied threatening Cynthia on the telephone.

{4} Adopting the special master’s report, the children’s court stated that: (1) Child, alone or in concert with Danielle, placed the telephone call, to Cynthia, (2) Child had the intent to annoy or harass Cynthia, (3) Child threatened Cynthia with physical harm, and (4) a reasonable person in Cynthia’s position would have felt so threatened. Child appeals the children’s court’s adjudication of delinquency for violating Section 30-20-12(A).

Sufficiency of Evidence Concerning Whether Child Telephoned Another

{5} Section 30-20-12(A) reads:

A. It shall be unlawful for any person, with intent to terrify, intimidate, threaten, harass, annoy or offend, to telephone another and use any obscene, lewd or profane language or suggest any lewd, criminal or lascivious act, or threaten to inflict injury or physical harm to the person or property of any person. It shall also be unlawful for any person to attempt by telephone to extort money or other thing of value from any other person, or to otherwise disturb by repeated anonymous telephone calls the peace, quiet or right of privacy of any other person at the place where the telephone call or calls were received, or to maliciously make a telephone call, whether or not conversation ensues, with intent to annoy or disturb another, or to disrupt the telecommunications of another.

The children’s court’s findings relate to the prohibitions contained in the first sentence of the statute.

{6} We first address Child’s argument concerning the requirement that a violation of the first sentence of Section 30-20-12(A) requires one to “telephone another.” Child contends that because Danielle connected Cynthia to an existing call between Child and Danielle as a three-way call, the State did not present sufficient evidence for the children’s court to conclude that Child violated the statute. To examine Child’s contention, we must determine whether one can violate Section 30-20-12(A) without physically conducting the acts which initiate a telephone call. We believe that one can.

{7} To determine the meaning of Section 30-20-12(A), we look to the intent of the legislature. See State v. Arellano, 1997-NMCA-074, ¶ 3, 123 N.M. 589, 943 P.2d 1042. We focus upon the plain meaning of the language the legislature employed as well as the object the legislature sought to accomplish. See State v. Rowell, 121 N.M. 111, 114, 908 P.2d 1379, 1382 (1995). Statutory construction is a question of law which we review de novo. See id.

{8} The statute proscribes telephoning another with the specific “intent to terrify, intimidate, threaten, harass, annoy or offend” and then, during the telephone call, engaging in a particular type of prohibited conduct. Section 30-20-12(A); see also State v. Gattis, 105 N.M. 194, 199, 730 P.2d 497, 502 (Ct.App. 1986) (stating that Section 30-20-12 prohibits conduct; namely, the making of a telephone call).

{9} In the first sentence of Section 30-20-12(A), the language of the statute implies that the “intent to terrify, intimidate, threaten, harass, annoy or offend” must arise in connection with one person telephoning another person. Thus, the legislature did not intend to punish conduct that developed during the course of a telephone communication and did not occur with an improper intent formed before or at the initiation of the telephone call. See id.

{10} The plain statutory language leads us to the conclusion that Child did not need to physically complete the telephone call to violate the statute. Child was engaged in a telephone conversation with Danielle about Cynthia and expressed her desire, albeit indirectly, to telephone Cynthia. Child knew that Danielle was calling Cynthia and waited on the telephone line while Danielle connected Cynthia. Danielle acted as the functionary in physically connecting Cynthia to the call. She performed the physical acts on behalf of both herself and Child. Even though Danielle performed the physical act necessary to connect the call, nothing in the statute requires Child to have acted alone in making the call to Cynthia. Considering the legislative objective to protect people from the proscribed conduct, Child’s actions were sufficient to fall within the legislative proscription of telephoning another. See Rowell 121 N.M. at 114, 908 P.2d at 1382; Bustamante, 119 N.M. at 742, 895 P.2d at 264.

Sufficiency of Evidence Concerning Intent

{11} Child argues that the evidence did not establish that either she or Danielle had the requisite specific intent to violate Section 30-20-12(A). Child contends that she did not have the requisite specific intent because her intent was only to discuss comments Cynthia had made to Danielle, that she only spoke with Cynthia once by telephone, and that the content of the call, as well as the other facts, do not support an inference that she “intentionally embarked on a mission to annoy or disturb Cynthia.”

{12} Specific intent is generally proven by circumstantial evidence. See State v. Pisio, 119 N.M. 252, 259, 889 P.2d 860, 867 (Ct.App.1994). Understanding the difficulty in proving the requisite statutory intent, the legislature included within Section 30-20-12 a provision that recognizes the making of a threat as prima facie evidence of the specific intent necessary to violate Section 30-20-12(A). See § 30-20-12(B). Cynthia’s testimony that Child threatened to kill her and her baby shortly after the placing of the telephone call is sufficient evidence from which the children’s court could infer that Child had the intent to annoy or harass Cynthia when Cynthia was added to the call. See id.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

State v. Bryant
311 Neb. 206 (Nebraska Supreme Court, 2022)
State v. Valenzuela
New Mexico Court of Appeals, 2012
State v. Trossman
2009 NMSC 034 (New Mexico Supreme Court, 2009)
Boydston v. Isom
224 F. App'x 810 (Tenth Circuit, 2007)
State v. Gonzalez
2005 NMCA 031 (New Mexico Court of Appeals, 2005)

Cite This Page — Counsel Stack

Bluebook (online)
2001 NMCA 005, 18 P.3d 330, 130 N.M. 89, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-shaneace-l-nmctapp-2000.