State v. Bailey

644 N.E.2d 314, 71 Ohio St. 3d 443, 1994 Ohio LEXIS 2944
Ohio Supreme Court·Decided December 30, 1994·No. No. 93-2165·Published·Cited by 24 cases

Opinions

Moyer, C.J.

The issue presented is whether the making of unsworn false oral statements to a law enforcement officer with the purpose to hinder the officer’s investigation of a crime constitutes conduct punishable within the meaning of R.C. 2921.32(A)(5). We conclude that such statements are punishable under the statute and reverse the judgment of the court of appeals.

[445] In reversing Bailey’s conviction, the court of appeals relied on our holdings in two cases: Columbus v. Fisher (1978), 53 Ohio St.2d 25, 7 O.O.3d 78, 372 N.E.2d 583, and Dayton v. Rogers (1979), 60 Ohio St.2d 162, 14 O.O.3d 403, 398 N.E.2d 781. Both cases applied statutes different from, but similar to, R.C. 2921.32(A)(5).

In Columbus v. Fisher, supra, we addressed the issue of unsworn false oral statements for the first time. The defendant in Fisher gave a false name to a police officer and was convicted of violating a municipal ordinance identical to R.C. 2921.13(A)(3) that prohibited false statements made with the purpose of misleading a public official in performing official functions.1

The court traced the history of R.C. 2921.13(A) to Section 241.3 of the Model Penal Code. Originally presented to the American Law Institute in 1957 as Section 208.22 of Tentative Draft No. 6 of the Model Penal Code, Section 241.3 was adapted from Section 1001, Title 18, U.S.Code, which provides in relevant part:

“Whoever, in any matter within the jurisdiction of any department or agency of the United States knowingly and willfully * * * makes any false, fictitious or fraudulent statements or representations, * * * shall be fined not more than $10,000 or imprisoned not more than five years, or both.” (Emphasis added.)

The Fisher court, however, preferred the reasoning of Section 241.3, which required that a false statement, to be punishable, must be in writing and must also derive from an intent to mislead.

The Model Penal Code’s restrictive view, adopted by the Fisher court, derives from a fear that a statute punishing oral misstatements might be used by law enforcement officers to pressure an individual into a “Hobson’s choice”: Tell the truth and go to jail, or tell a lie and go to jail.

Believing the Ohio General Assembly shared a similar concern that R.C. 2921.13(A)(3) could be used in a coercive manner during criminal investigations, this court reasoned that R.C. 2921.13(A)(3) was not intended to criminalize unsworn false oral statements made in response to inquiries initiated by law enforcement officials. Therefore, R.C. 2921.13(A)(3), in general, and the term “statement,” in particular, were given a limited judicial construction.

[446] In Dayton v. Rogers, supra, the issue of unsworn false oral statements was again presented to this court. This time, however, the defendant lied to a police officer by falsely confirming her companion’s identity, and was charged, not with violating R.C. 2921.13(A), but with violating R.C. 2921.31(A), prohibiting the performance of any act that hampers or impedes a public official.2

Relying on Fisher, the Rogers court held that because “conduct such as appellant’s is not punishable under R.C. 2921.13(A)(3), which specifically addresses the making of false statements to public officials, we are reasonably led to the determination here not to extend the meaning of R.C. 2921.31 beyond that intended by the General Assembly.” Rogers, supra, at 164,14 O.O.3d at 404-405, 398 N.E.2d at 783. Further, the court reasoned that the defendant was under no legal duty to respond to the police officers’ questions, and that her lie was no more obstructive to the police investigation than her silence would have been.

It is significant that when Fisher and Rogers were decided, the federal courts were unsettled as to the potential reach of the federal law. Moreover, there was a lack of persuasive authority from other states interpreting similar statutes from which this court could draw analogy. Over the last fifteen years, however, the law in this area has crystallized. Federal case law has firmly established that unsworn false oral statements made for the purpose of impeding an officer’s investigation are punishable under the federal statute. United States v. Rodgers (1984), 466 U.S. 475, 104 S.Ct. 1942, 80 L.Ed.2d 492, and United States v. Steele (C.A.6, 1990), 896 F.2d 998.

In United States v. Rodgers, supra, the Supreme Court of the United States reaffirmed the existence of “a Valid legislative interest in protecting the integrity of [such] official inquiries’ ” as “an interest clearly embraced in, and furthered by, the broad language of § 1001.” 466 U.S. at 481-482, 104 S.Ct. at 1947, 80 L.Ed.2d at 499 (quoting Bryson v. United States [1969], 396 U.S. 64, 70, 90 S.Ct. 355, 359, 24 L.Ed.2d 264, 270). The Rodgers court addressed several of the policy arguments urged in support of a narrow construction of Section 1001. The court concluded that the apparent inconsistency in the severity of the penalty for making an unsworn false statement to a government official as compared to the lesser penalty for perjury did not express an intention of Congress to limit the violations covered by Section 1001.

Second, the court rejected the argument that criminalizing false oral statements would have a deleterious effect on communications between citizens and [447] law enforcement agencies. Noting that the law criminalizes the knowing and willful lying to law enforcement officers, the United States Supreme Court wisely refuted the perception that “the spectre of criminal prosecution” would thwart “ ‘the important social policy that is served by an open line of communication between the general public and law enforcement agencies.’ ” Rodgers, 466 U.S. at 483, 104 S.Ct. at 1948, 80 L.Ed.2d at 500 (quoting Friedman v. United States [C.A.8, 1967], 374 F.2d 363, 369). The court confidently determined that “ ‘individuals acting innocently and in good faith, will not be deterred from voluntarily giving information or making complaints’ ” to government agencies. Id. (quoting United States v. Adler [C.A.2, 1967], 380 F.2d 917, 922, certiorari denied [1967], 389 U.S. 1006, 88 S.Ct. 561, 19 L.Ed.2d 602).

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State v. Bailey, 644 N.E.2d 314, 71 Ohio St. 3d 443, 1994 Ohio LEXIS 2944 (Ohio 1994).

644 N.E.2d 314 (State v. Bailey) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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