State v. Shaneace L.State v. Shaneace L.
- Reporters:
- , ,
- Before:
- Wechsler
{1} The children’s court adjudicated Shaneace L. (Child) to be delinquent by virtue of Child’s violation of
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,
Sufficiency of Evidence Concerning Whether Child Telephoned Another
{5}
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
{7} To determine the meaning of
{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.
{9} In the first sentence of
{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;
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
{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
{13} As to Danielle’s intent, the children’s court did not find that Child acted as an accessory to Danielle in violating
{14} Child’s testimony was also sufficient to support an inference that Child shared Danielle’s general intent to initiate the call. Child violated
Sufficiency of Evidence Concerning Victim’s Understanding
{15} Child additionally contends that the evidence was insufficient to support her adjudication because Cynthia testified that she was “not seared of’ Child and did not believe that Child would follow through on her threat. But Cynthia also testified that she felt threatened and harassed and felt that she was in danger. This testimony was substantial evidence to support the children’s court’s findings. See In re Ernesto M., Jr., 1996-NMCA-039, ¶ 15,121 N.M. 562, 915 P.2d 318 (“The question is whether the children’s court’s decision is supported by substantial evidence, not whether the court could have reached a different conclusion.”).
Conclusion
{16} We affirm the children’s court’s delinquency adjudication.
{17} IT IS SO ORDERED.
BUSTAMANTE and SUTIN, JJ., concur.