People v. Scopas

New York Court of Appeals

People v. Scopas

181 N.E.2d 754, 11 N.Y.2d 120, 227 N.Y.S.2d 5, 1962 N.Y. LEXIS 1293

CourtNew York Court of Appeals

DecidedMarch 29, 1962

StatusPublished

Cited by5 cases

This text of 181 N.E.2d 754 (People v. Scopas) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Scopas, 181 N.E.2d 754, 11 N.Y.2d 120, 227 N.Y.S.2d 5, 1962 N.Y. LEXIS 1293 (N.Y. 1962).

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Opinions

Dye, J.

Subdivision 1 of section 487-a of the Penal Law makes it a crime for an unauthorized person or agency to “ request, receive or accept any compensation * * # for placing out a child ”. “ Placing out ’ ’ is defined: “3. As used in this section the term placing out shall mean to arrange for the free care of a child in a family other than that of the child’s parent * * * for the purpose of adoption or for the purpose of providing care ” (emphasis supplied).

The Social Welfare Law, insofar as pertinent, is to the same effect. It defines the phrase “place out ” as meaning “to arrange for the free care of a child in a family other than that of the child’s parent * * * for the purpose of adoption or for the purpose of providing care ” (§ 371, subd. 12).

It is conceded that the children allegedly unlawfully ‘ ‘ placed out ” had already been legally adopted in Greece; a practice not offensive to the Federal Refugee Act of 1953 (U. S. Code, tit. 50, Appendix, § 1971c) and its 1957 successor (IT. S. Code, tit. 8, § 1205). The within alleged “ placing out ” occurred after the adopted children had arrived in New York and then immediately in the family of their adoptive parents and not, to use the statutory language, “in a family other than that of the child’s parent”. Such “ placing out ” was clearly not “for the purpose of providing care ”, as the adoptive parents were under a legal obligation to provide parental care; nor was it “ for the purpose of adoption ”, as that had already occurred. It is one thing to “ place out ” a child or children in a home for free board and care, or for the purpose of adoption, with a person or persons other than a child’s parent (Social Welfare Law, § 371, subd. 12), and quite another to place a child with persons who in contemplation of the law are parents.

It may well be that, had the Legislature envisioned a situation such as this, it would have been proscribed by appropriate lan[123]*123guage. However, since it is axiomatic that no act or omission is a crime except as prescribed by statute (Penal Law, § 22), which statutes the courts have constantly ruled 1 ‘ must be narrowly and strictly construed and in manner not to embrace cases which do not clearly fall within their terms ’ ’ (People v. Benc, 288 N. Y. 318, 323) for “Acts otherwise innocent and lawful do not become criminal unless there is a clear and positive expression of legislative intent to make them criminal ’ ’ (People v. Adamkiewicz, 298 N. Y. 176, 179), we agree with the courts below that the conduct complained of is not criminal within the meaning of section 487-a of the Penal Law and sections 371 and 389 of the Social Welfare Law.

We note that a contrary construction would taint the conduct of the parents with criminality, since the statute likewise makes it a crime to pay or give any compensation for placing out a child (Penal Law, § 487-a, subd. 2).

The orders appealed from should be affirmed.

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Dye, J.

Subdivision 1 of section 487-a of the Penal Law makes it a crime for an unauthorized person or agency to “ request, receive or accept any compensation * * # for placing out a child ”. “ Placing out ’ ’ is defined: “3. As used in this section the term placing out shall mean to arrange for the free care of a child in a family other than that of the child’s parent * * * for the purpose of adoption or for the purpose of providing care ” (emphasis supplied).

The Social Welfare Law, insofar as pertinent, is to the same effect. It defines the phrase “place out ” as meaning “to arrange for the free care of a child in a family other than that of the child’s parent * * * for the purpose of adoption or for the purpose of providing care ” (§ 371, subd. 12).

It is conceded that the children allegedly unlawfully ‘ ‘ placed out ” had already been legally adopted in Greece; a practice not offensive to the Federal Refugee Act of 1953 (U. S. Code, tit. 50, Appendix, § 1971c) and its 1957 successor (IT. S. Code, tit. 8, § 1205). The within alleged “ placing out ” occurred after the adopted children had arrived in New York and then immediately in the family of their adoptive parents and not, to use the statutory language, “in a family other than that of the child’s parent”. Such “ placing out ” was clearly not “for the purpose of providing care ”, as the adoptive parents were under a legal obligation to provide parental care; nor was it “ for the purpose of adoption ”, as that had already occurred. It is one thing to “ place out ” a child or children in a home for free board and care, or for the purpose of adoption, with a person or persons other than a child’s parent (Social Welfare Law, § 371, subd. 12), and quite another to place a child with persons who in contemplation of the law are parents.

It may well be that, had the Legislature envisioned a situation such as this, it would have been proscribed by appropriate lan[123]*123guage. However, since it is axiomatic that no act or omission is a crime except as prescribed by statute (Penal Law, § 22), which statutes the courts have constantly ruled 1 ‘ must be narrowly and strictly construed and in manner not to embrace cases which do not clearly fall within their terms ’ ’ (People v. Benc, 288 N. Y. 318, 323) for “Acts otherwise innocent and lawful do not become criminal unless there is a clear and positive expression of legislative intent to make them criminal ’ ’ (People v. Adamkiewicz, 298 N. Y. 176, 179), we agree with the courts below that the conduct complained of is not criminal within the meaning of section 487-a of the Penal Law and sections 371 and 389 of the Social Welfare Law.

We note that a contrary construction would taint the conduct of the parents with criminality, since the statute likewise makes it a crime to pay or give any compensation for placing out a child (Penal Law, § 487-a, subd. 2).

The orders appealed from should be affirmed.

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Bluebook (online)

181 N.E.2d 754, 11 N.Y.2d 120, 227 N.Y.S.2d 5, 1962 N.Y. LEXIS 1293, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-scopas-ny-1962.

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