State v. Spaulding

1998 ME 29, 707 A.2d 378, 1998 Me. LEXIS 33
CourtSupreme Judicial Court of Maine
DecidedFebruary 11, 1998
StatusPublished
Cited by9 cases

This text of 1998 ME 29 (State v. Spaulding) is published on Counsel Stack Legal Research, covering Supreme Judicial Court of Maine primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Spaulding, 1998 ME 29, 707 A.2d 378, 1998 Me. LEXIS 33 (Me. 1998).

Opinions

RUDMAN, Justice.

[¶ 1] Donna M. Spaulding appeals from the judgment entered in the Superior Court (Kennebec County, Calkins, J.) affirming her conviction in the District Court (Augusta, Perry, J.) for tanfipering with public records in violation of 17-A M.R.S.A § 456(1)(A) (1983). Spaulding contends that her conduct, as a matter of law, was not a violation of 17-A M.R.S.A § 456(1)(A). We agree and vacate the judgment.

[¶ 2] In order to be employed as a Certified Nursing Assistant (CNA) in Maine, an individual’s name must be listed on the CNA Registry maintained by the Department of Human Resources. On her application for listing on the CNA Registry, Donna Spauld-ing placed a checkmark beside the word “no” in response to the question, “Have you ever been convicted of a crime?”. At the time Spaulding completed her CNA Registry application she had two prior criminal convictions: a 1994 conviction for unemployment fraud, 26 M.R.S.A § 1051(1) (1992); and a 1986 conviction for false representation to an overseer, 22 M.R.S.A § 4491 (1992).

[¶ 3] Spaulding was charged with tampering with public records or information, 17-A M.R.S.A § 456(1)(A), Class D. The District Court found Spaulding guilty and ordered Spaulding to pay a $400 fine. The Superior Court affirmed her conviction. This appeal followed.

[II4] When the Superior Court acts as an intermediate appellate court, we review directly the decision of the District Court. [379]*379Melanson v. Belyea, 1997 ME 150, ¶ 4, 698 A.2d 492, 493. We review the trial court’s interpretation of a statute for errors of law. Id.

[¶ 5] Section 456(1)(A) of Title 17-A, Chapter 19, provides:

1. A person is guilty of tampering with public records or information if he:
A. Knowingly makes a false entry in, or false alteration of any record, document or thing belonging to, or received or kept by the government, or required by law to be kept by others for the information of the government;....

Also within Maine’s criminal code, Chapter 19 (Falsification in Official Matters) is section 453, “Unsworn falsification.” Pursuant to this section, a person is guilty of unsworn falsification if:

A. He makes a written false statement which he does not believe to be true, on or pursuant to, a form conspicuously bearing notification authorized by statute or regulation to the effect that false statements made therein are punishable;
B. With the intent to deceive a public servant in the performance of his official duties, he
(1) makes any written false statement which he does not believe to be true, provided, however, that this subsection does not apply in the case of a written false statement made to a law enforcement officer by a person then in official custody and suspected of having committed a crime, except as provided in paragraph C; or
(2) knowingly creates, or attempts to create, a false impression in a written application for any pecuniary or other benefit by omitting information necessary to prevent statements therein from being misleading ...

17-A M.R.S.A. § 453 (1983).1

[¶ 6] The issue in this case is whether Spaulding’s conduct — misreporting a material fact on a government form — constitutes tampering with a public record pursuant to section 456(1)(A). Spaulding argues that section 456 was not intended to criminalize the making of a false statement on a form then submitted to a public official. Spaulding contends that section 453 is the statutory provision intended by the legislature to address the making of false statements in forms submitted to public officials. Spaulding notes that section 453 criminalizes the falsification of forms then submitted to the government only when such falsification is intentional or when the form conspicuously bears on its face that false statements made therein are punishable. Criminalizing her conduct pursuant to section 456, argues Spaulding, unlawfully avoids the specific elements the legislature deemed necessary for criminal liability to attach for the same conduct pursuant to section 453. We agree.

[¶ 7] When interpreting a statute, we examine the plain meaning of the statutory language in order to give effect to the legislative intent, avoiding absurd, illogical, or inconsistent results. See Jordan v. Sears, Roebuck & Co., 651 A.2d 358, 360 (Me.1994). The plain wording of section 456 supports Spaulding’s argument that her conduct does not constitute “tampering with public records” pursuant to section 456. For Spaulding’s conduct to be criminal pursuant to section 456, “Tampering with public records or information,” the definition of “tamper” would have to diverge from its plain meaning.2 The defining element of “tamper” is the alteration or change of an existing docu[380]*380ment. Spaulding did not alter or change information on a document; she incorrectly represented that she had no prior criminal convictions on her CNA Registry application. The language of section 456 addresses documents “received or kept by the government,” not those that will be received or kept by the government. If we accept the State’s construction of section 456, then we would effectively be holding that, pursuant to section 456, one could tamper with a blank piece of paper by writing a falsehood upon it and sending it to the government. See Finks v. Maine State Highway Comm’n, 328 A.2d 791, 798 (Me.1974) (“Absent a legislative definition ... [a term] must be given a meaning consistent with the overall statutory context, and be construed in the light of the subject matter, the purpose of the statute, the occasion and necessity for the law, and the consequences of a particular interpretation”) (emphasis added) (citations omitted).

[If 8] While the legislative history of section 456, as evidence of legislative intent, is not extensive, it does support our interpretation. The comment for section 456 states that the section “is taken from the Proposed Criminal Code of Massachusetts, chapter 268, section 7.” 17-A M.R.S.A. § 456 comment (1975). The Massachusetts Revision Commission Note for section 7, tampering with public records or documents reads:

The protection given by § 7 to public records, documents and things kept by or for the information of the government is almost entirely absent under present statutes, unless there is a malicious injury to legal notices or other personal property ... The Commission believed such protection was needed, but each paragraph requires knowledge of falsity or of lack of authority, and paragraphs (b) and (c) require also intention to pass as genuine, or to destroy, the protected records, documents and things. Thus persons — often public servants — who inadvertently misuse them would not be liable....

Proposed Criminal Code of Massachusetts, C. 268, § 7 note (1972) (emphasis added).

[¶9] This note illustrates the point that section 7 was drafted to afford “protection” to government records — documents that have already been received by the government — and not to documents destined to be received by the government.

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Bluebook (online)
1998 ME 29, 707 A.2d 378, 1998 Me. LEXIS 33, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-spaulding-me-1998.