In Re Paul M.

7 P.3d 131, 198 Ariz. 122, 325 Ariz. Adv. Rep. 37, 2000 Ariz. App. LEXIS 96
CourtCourt of Appeals of Arizona
DecidedJune 15, 2000
Docket2 CA-JV 99-0064
StatusPublished
Cited by20 cases

This text of 7 P.3d 131 (In Re Paul M.) is published on Counsel Stack Legal Research, covering Court of Appeals of Arizona primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re Paul M., 7 P.3d 131, 198 Ariz. 122, 325 Ariz. Adv. Rep. 37, 2000 Ariz. App. LEXIS 96 (Ark. Ct. App. 2000).

Opinions

OPINION

FLÓREZ, Judge.

¶ 1 The minor, born February 20, 1985, was adjudicated delinquent for violating A.R.S. § 15-507 by knowingly abusing a teacher or other school employee engaged in the performance of her duties, a class three misdemeanor. The juvenile court placed the minor on unsupervised probation until he had written two letters of apology and had either completed forty hours of “community work service” or paid a $200 fine in lieu of working. The minor appeals the adjudication, arguing that his vulgar words and defiant behavior toward a teacher’s aide did not amount to “abuse” of a school employee within the meaning of § 15-507. “The interpretation of a statute is a question of law, which we review de novo.” Phoenix Newspapers, Inc. v. Arizona Dept. of Econ. Sec., 186 Ariz. 446, 448, 924 P.2d 450, 452 (1996); In re Maricopa County Juvenile Action No. JD-6236, 178 Ariz. 449, 874 P.2d 1006 (1994).

¶2 Evidence at the adjudication hearing established that in January 1999, a teacher’s aide at Benson Middle School was monitoring the playground during the lunch hour when she overheard the then-thirteen-year-old minor saying to a group of four or five other boys “that he was going to kick somebody’s f — ing ass.” Concerned that there might be a fight, the aide, who was approximately five feet behind the minor at the time, told the minor “that he wasn’t going to kick anybody’s butt.” At this, the minor stopped, turned “aggressively” to face the aide, and told her in a loud tone to “[f]— off.” The aide told the minor he needed to accompany [124]*124her to the office, to which the minor replied that “he wasn’t going f — ing anywhere with [her].” When she repeated her request that he accompany her to the office, the minor “turned around, started walking away, and told [her] to f— off again.” The aide testified the minor told her to “[f] — ■ off’ four times in all before she “went to the office and got [the principal].”

¶ 3 The sole question presented by this appeal is whether, by repeatedly telling the teacher’s aide to “[f]— off,” the minor knowingly abused a school employee in violation of A.R.S. § 15-507, which provides: “A person who knowingly abuses a teacher or other school employee on school grounds or while the teacher or employee is engaged in the performance of his duties is guilty of a class 3 misdemeanor.” The term “abuses” is not defined in Title 15, and we have found no cases decided under § 15-507 (formerly A.R.S. § 15-201) to guide our interpretation. However, we note that, until the statute was amended in 1989, the offense could be committed by “insult[ing] or abus[ing]” a teacher. 1978 Ariz. Sess. Laws, ch. 201, § 255. The 1989 amendment expressly deleted “insults” from the statute, while adding “other school employee[s]” to the class of those protected from abuse while engaged in the performance of their duties on school grounds. 1989 Ariz. Sess. Laws, ch. 124, § 1.

¶ 4 Our goal in construing a statute is to discern and give effect to the intent of the legislature. Mail Boxes v. Industrial Comm’n, 181 Ariz. 119, 888 P.2d 777 (1995). Toward that end, “we consider the statute’s context; its language, subject matter, and historical background; its effects and consequences; and its spirit and purpose.” Hayes v. Continental Ins. Co., 178 Ariz. 264, 268, 872 P.2d 668, 672 (1994). “Legislative intent often can be discovered by examining the development of a particular statute.” Carrow Co. v. Lusby, 167 Ariz. 18, 20, 804 P.2d 747, 749 (1990); see also State v. Takacs, 169 Ariz. 392, 819 P.2d 978 (1991). Here, we believe the revision of § 15-507 in 1989 was a significant event in the development of the present statute.

¶ 5 The state theorizes that the legislature deleted “insults” from the statute because the subjective meaning of that term “varies [so] wildly from culture to culture, class to class, and era to era” as to arguably render the statute unconstitutionally vague or over-broad. In the state’s view, “most words or actions which people might regard as insulting will also be abusive, and those that are not do not need to be criminalized.” In effect, the state contends that the 1989 amendment made no real change in the scope of the statute because “most” insulting behavior is also abusive. We do not agree that the terms are essentially synonymous nor that “to insult” is necessarily also “to abuse.” Nor, parenthetically, do we believe the definition of “abuse” enjoys any wider consensus than the definition of “insult.”

¶ 6 To accept the state’s argument that “abusing” includes “insulting” would mean that the legislature’s amendment of § 15-507 was purely formal, without substantive significance or practical effect. Such a conclusion violates the rule of statutory construction that requires us to presume that “when the legislature alters the language of a statute[,] it intended to create a change in the existing law.” State v. Bridgeforth, 156 Ariz. 60, 63, 750 P.2d 3, 6 (1988) (holding that deletion of “and intentionally” from phrase “knowingly and intentionally” in A.R.S. § 13-2310 changed necessary mens rea to require knowledge only). We conclude that the amendment of § 15-507 reflects the legislature’s intention that insulting words alone should no longer qualify as criminal abuse under the statute.

¶ 7 Our task, then, is to determine what does constitute such abuse. “[A]n undefined word or phrase in a statute is to be given its ordinary meaning unless it appears from the context or otherwise that a different meaning is intended. . . .” Sierra Tucson, Inc. v. Pima County, 178 Ariz. 215, 219, 871 P.2d 762, 766 (1994); see also Mail Boxes. To determine the ordinary meaning of “abuse,” we may refer to “an established, widely respected dictionary.” State v. Wise, 137 Ariz. 468, 470 n. 3, 671 P.2d 909, 911 n. 3 (1983); see also Sierra Tucson. According to Webster’s Third New International Dictionary 8 (1971), to “abuse” means “to attack or [125]*125injure with words: reproach coarsely: disparage.” The American Heritage Dictionary 70 (2d college ed.1991) variously defines “abuse” to mean “[t]o hurt or injure by maltreatment [or][t]o assail with contemptuous, coarse, or insulting words; revile.” The same source defines “revile” as “[t]o denounce with abusive language,” id. at 1058, and to “denounce” in turn is defined as to “condemn openly ...

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Bluebook (online)
7 P.3d 131, 198 Ariz. 122, 325 Ariz. Adv. Rep. 37, 2000 Ariz. App. LEXIS 96, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-paul-m-arizctapp-2000.