State v. Richardson, 370 P.3d 548

Defendant and friend drank in an apartment complex; neighbor Babcock said her boyfriend had barricaded himself in her unit and would not let her in.
Defendant banged on Babcock’s door, repeatedly saying in a loud voice “Police. Open up,” then threatened to break the door down and claimed they had guns; after several minutes he left.
Neighbor Johnson heard the knocking and threats, locked her door out of fear, then followed defendant, recorded his license plate, and called police.
Defendant was charged with two counts of second-degree disorderly conduct (ORS 166.025): Count 3 under subsection (1)(a) ("fighting or in violent, tumultuous, or threatening behavior") and Count 4 under subsection (1)(b) ("unreasonable noise").
At trial, defendant moved for judgment of acquittal on Count 3, arguing the conduct was communicative (knocking) and not "physical force" nor "physical conduct immediately likely to produce" force; the court denied the motion.
On appeal, the court reviewed whether the state presented sufficient evidence for a rational juror to find defendant engaged in the prohibited physical conduct under ORS 166.025(1)(a).

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether banging on a door plus threatening statements constitutes "fighting or in violent, tumultuous, or threatening behavior" under ORS 166.025(1)(a)	State: The banging is physical force or, in context with threats, immediately likely to produce physical force and alarm the public.	Def: Knocking is a common communicative act, not an "use of physical force" nor immediately likely to produce force; no evidence occupants would respond with force.	Reversed as to Count 3: conduct was primarily speech/communicative knocking and not the type of physical aggression the statute reaches.

State v. Cantwell, 66 Or. App. 848 (1984) (statute construed to reach only physical acts of aggression; requires use of physical force or physical conduct immediately likely to produce force)
State v. Atwood, 195 Or. App. 490 (2004) (defines physical force as an actual use of strength or power; context can clarify whether conduct is immediately likely to produce force)
State ex rel. Juv. Dept. v. Krieger, 177 Or. App. 156 (2001) (grabbing someone’s shoulder as a common attention-getting act did not violate disorderly conduct statute)
State v. Miller, 226 Or. App. 314 (2009) (physical act not incidental to speech when it is aggressive and not a common attention-getting method)
City of Eugene v. Lee, 177 Or. App. 492 (2001) (loud speech and pounding a bible not criminal under an ordinance identical to ORS 166.025(1)(a) absent physical aggression)
State v. Kreft, 270 Or. App. 150 (2015) (standard for reviewing denial of judgment of acquittal: view evidence in light most favorable to the state)
State v. Link, 346 Or. 187 (2009) (appellate reversal of a merged charge has practical effect requiring modification of judgment)
State v. Tilly, 269 Or. App. 665 (2015) (affirmance of some merged charges does not moot review of others affecting the judgment)