State v. Levandowski

955 S.W.2d 603, 1997 Tenn. LEXIS 486, 1997 WL 610823
Tennessee Supreme Court·Decided October 6, 1997·No. 03S01-9611-CR-000116·Published·Cited by 71 cases

Opinions

OPINION

BIRCH, Justice.

In this appeal,1 we must determine whether a false response from an individual to an [604] inquiry made by a law enforcement officer constitutes a false report within the meaning of Tenn.Code Ann. § 39-16-502(a)(1) (1991). After careful review, we hold that § 39—16— 502(a)(1) applies to statements volunteered or initiated by an individual but does not apply to statements made in response to inquiries by law enforcement officers. Accordingly, the judgment of the Court of Criminal Appeals is affirmed.

Betty Levandowski, the defendant, was convicted of aggravated child abuse and making a false report. On appeal, Levandowski argued that the false report statute was “overly broad and vague.” The intermediate court affirmed the conviction for aggravated child abuse and reversed the conviction for making a false report. We granted the State’s application for permission to appeal and limited the grant to the “false report” issue.

I

On May 19, 1994, an officer with the Kingsport Police Department went to Levan-dowski’s home to investigate a report of suspected child abuse. Upon arrival, the officer spoke with Levandowski and asked to see the child. Levandowski responded that she had put the boy on a bus to Chicago and if the officer did not believe her, he could look around. Later, however, the child was found in a neighboring residence. Levandowski was subsequently indicted for and convicted of a violation of Tenn.Code Ann. § 39-16-502(a)(1) for her false response to the officer’s question as to the child’s whereabouts.

II

The construction of a statute is a question of law, and thus, our review is de novo. Roseman v. Roseman, 890 S.W.2d 27, 29 (Tenn.1994); The Beare Co. v. Tennessee Dept. of Revenue, 858 S.W.2d 906, 907 (Tenn. 1993); Comdata Network, Inc. v. Tennessee Dept. of Revenue, 852 S.W.2d 223 (Tenn. 1993).

A statute must be construed so as to ascertain and give effect to the intent and purpose of the legislation considering the statute as a whole and giving words their common and ordinary meaning. Crowe v. Ferguson, 814 S.W.2d 721, 723 (Tenn.1991); Marion Cty. Bd. of Comm’rs v. Marion Cty. Election Comm’n, 594 S.W.2d 681, 684-85 (Tenn.1980). The Court should assume that the legislature used each word in the statute purposely and that the use of these words conveyed some intent. Crowe, 814 S.W.2d at 723; Anderson Fish & Oyster Co. v. Olds, 197 Tenn. 604, 277 S.W.2d 344, 346 (1955). Furthermore, this Court may review previous legislation on the subject in an effort to learn the present intention of the legislature. Id. In construing statutes, courts must presume that the legislature has knowledge of its prior enactments and knows the state of the law at the time it passes legislation. Owens v. State, 908 S.W.2d 923, 926 (Tenn. 1995).

Finally, penal statutes are construed strictly and against the State. State v. Bobo, 727 S.W.2d 945, 952 (Tenn.1987). As a general rule of statutory construction, any ambiguity in a criminal statute is construed in favor of the defendant. State v. Blouvett, 904 S.W.2d 111, 113 (Tenn.1995)(ciimg Key v. State, 563 S.W.2d 184, 188 (Tenn.1978)).

With these caveats in mind, we turn to the statute at issue. Tennessee Code Annotated § 39-16-502(a) provides in pertinent part:

It is unlawful for any person to:

(1) Report to a law enforcement officer an offense or incident within the officer’s concern:
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(C) Knowing the information relating to the offense is false ...

At the outset, we note that the previous version of this statute was worded more broadly:

(a) A person commits the offense of false reporting to authorities if he:
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(3) Makes a report, purposely causes the transmission of a report or furnishes information to law enforcement authorities concerning a crime or other incident within their official concern if he knows that he [605] has no such information relating to such crime or incident or he knows that the information is false....

Tenn.Code Ann. § 39-5-524 (1983)(emphasis added). Thus, it is reasonable to conclude that in amending the statute, the legislature intended to narrow the situations in which it applies.

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State v. Levandowski, 955 S.W.2d 603, 1997 Tenn. LEXIS 486, 1997 WL 610823 (Tenn. 1997).

955 S.W.2d 603 (State v. Levandowski) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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