Washington v. NascimentoAnnotate this Case
Defendant Caryn Nascimento was convicted of theft and computer crime for using a computer terminal at work, which was linked to the Oregon State Lottery, to print and steal lottery tickets. She appealed the conviction for computer crime, arguing that the trial court erred in denying her motion for judgment of acquittal on that count because, she argued, she was “authorized” to use the computer terminal and therefore had not violated ORS 164.377(4). The narrow "but potentially far-reaching issue" in this case was the scope of ORS 164.377(4), and the term “without authorization.” The State argued that, although defendant’s employer authorized her to use the computer terminal at issue here, defendant did so for a purpose not permitted by her employer and thus was guilty of computer crime. Defendant conceded that her use may have violated her employer’s policies or other provisions of ORS 164.377, but she was still authorized to use it. After review, the Supreme Court agreed that defendant’s conduct did not violate subsection (4) of the statute, and, accordingly, that the trial court erred in denying her motion for judgment of acquittal. Defendant’s computer crime conviction was therefore reversed.