State v. Williams

60 So. 3d 1189, 2011 La. LEXIS 599, 2011 WL 880281
Supreme Court of Louisiana·Decided March 15, 2011·No. No. 2010-KK-1514·Published·Cited by 26 cases

Opinion

PER CURIAM.

LThe state has charged defendant by bill of information with false swearing for purposes of violating public health or safety in violation of La.R.S. 14:126.1. The charge stemmed from an incident at a Kwik Stop service station in Zwolle, Louisiana, in which a Wildlife and Fisheries agent, off duty and in plain clothes, broke up a fight at the gas pumps between defendant and another person. While defendant’s antagonist fled the scene, the agent allegedly shoved a gun in defendant’s face and chest, and held him until the Zwolle police arrived. Defendant initially made a telephone complaint about the incident to [1190] the supervisor of the Wildlife and Fisheries agents in Sabine Parish and then sent a formal written complaint by certified mail on a form provided by the Zwolle Police Department. The statement did not purport to constitute a sworn affidavit, although by signing the printed form, defendant “affirm[ed] that all facts and statements contained herein are true and correct.” Investigation of the complaint, which encompassed interviews with the wildlife agent and other witnesses on the |2scene, led to defendant’s arrest for false swearing and to his formal charging by the Sabine Parish District Attorney’s Office with a violation of La.R.S. 14:126.1.

Defendant filed a motion to quash the bill of information on several grounds, including that the statute “is misleading and vague because it describes the crime as false swearing but does not appear to require that the prohibited false statement be made under oath.” The trial court denied the motion without written reasons but the Third Circuit set aside that ruling and ordered the prosecution quashed. State v. Williams, 09-993 (La.App. 3rd Cir.5/26/10), 38 So.3d 1180 (Ezell, J., dissenting). We granted the state’s application to review that decision and, for the following reasons, reverse and remand this case to the court of appeal for further consideration.

The crime of false swearing for purpose of violating public health or safety in violation of La.R.S. 14:126.1 appears in “Sub-part C. Perjury” of Part VII, “Offenses Affecting Organized Government,” in the Louisiana Criminal Code. The legislature added the statute to the Criminal Code in 1960 La. Acts 81 as part of a package of emergency acts signed into law by the governor on the same day during the social unrest accompanying the civil rights movement in the early 1960’s. See State v. Marshall, 424 So.2d 423, 427, n. 3 (La.App. 2nd Cir.1983) (“It is interesting to note that Section 126.1 was added to the Criminal Code ... as part of a package of legislation designed -to inhibit certain desegregation activities. Numerous additions and amendments to the Criminal Code were made, with severe penalties imposed for violation of the new and expanded crimes.”) (citing Donald H. Wollett, Race Relations, 21 La.L.Rev. 85 (1960-61) (“Apparently spurred by impending integration of the public schools in Orleans Parish and a rash of so-called ‘sit-in’ demonstrations, the 1960 regular session of the legislature passed 35 acts and proposed four constitutional amendments which bear, in one |?,way or another, on interracial relations.”) (footnote omitted)).1 Although titled “false swearing for purpose of violating public health,” the text of La. R.S. 14:126.1 refers only to the making of a “false statement, report or allegation” of a crime for the purpose of disrupting or endangering the public welfare or to deprive any person of the rights, privileges, and immunities conferred by law.2 While [1191] the crime of false swearing as defined in La.R.S. 14:125, which does require a false statement made under oath or an equivalent affirmation, is a one-year misdemean- or, the legislature made a violation of La. R.S. 14:126.1 a five-year felony offense, punishable with or without hard labor.

In his motion to quash, defendant contended that R.S. 14:126.1 is unconstitutionally vague to the extent that its title conflicts with its text, that it is used in a racially discriminatory manner, and that its heightened penalty provision ^constitutes cruel and unusual punishment. In his supporting memorandum, defendant argued that R.S. 14:126.1 is fatally vague, overly broad, and reaches protected speech. He also took the position that the vagueness, at least, could be cured by reading the statute in conjunction with La.R.S. 14:126 to find that La. R.S. 14:126.1 applies only to false statements made under oath, an interpretation that would effectively end the prosecution against him, as defendant did not “swear” to the handwritten statement he made on a form supplied by the Zwolle Police Department.

It has been previously noted that the title of La.R.S. 14:126.1, to the extent that it refers to “false swearing,” is “misleading ... because the statute does not require that the prohibited false statement be made under oath or affirmation.” Marshall, 424 So.2d at 427, n. 3. In the present case, the Third Circuit responded to that problem by reading the title of the statute into the body of the law because the court of appeal agreed with defendant that La.R.S. 14:126.1 “cannot be read in a vacuum and must be interpreted with the statutes that both precede and follow it,” in keeping with the general rule of statutory construction that, “all laws pertaining to the same subject matter must be interpreted in pari materia, or in reference to each other.” Williams, 09-993, p. 4, 38 So.3d at 1182 (citing La.Civ.Code art. 13; State v. Gutweiler, 06-2596 (La.4/8/08), 979 So.2d 469). The Third Circuit thus viewed La.R.S. 14:126.1 as part of a comprehensive body of statutory provisions “which deal with sworn speech,” id., 09-0993 at 3, 38 So.3d at 1182, all bound together by a common requirement that the offender make a statement under oath or an equivalent affirmation. See La.R.S. 14:123 (defining the crime of perjury); La.R.S. 14:124 (perjury as the making of a subsequent statement inconsistent with a statement made under oath or an equivalent affirmation); La.R.S. 14:125 (defining the crime of false swearing); La.R.S. 14:126 (false IsSwearing as the making of a subsequent statement inconsistent with a statement made under oath or an equivalent affirmation). In view of this comprehensive scheme dating back to 1942, the Third Circuit thought it clear that La.R.S. 14:126 and R.S. 14:126.1 “operate in tandem, and consequently, must be read in para mate-ria ” to require in the latter case that the offender make the alleged false statement [1192] under oath or an equivalent affirmation. Williams, 09-993 at 4, 38 So.3d at 1182. Thus, with respect to the present case, the state had “failed to charge a crime in the manner required by law because Defendant’s statement was not made under oath.” Id., 09-993 at 5, 38 So.3d at 1182 (footnote omitted); cf. State v. Legendre, 362 So.2d 570, 571 (La.1978) (although a motion to quash is ordinarily not a proper vehicle for raising defenses on the merits, “[i]t will not do to base an indictment for a serious offense ... upon an allegation of fact which cannot conceivably satisfy an essential element of the crime, and compel the accused to withstand the rigors of a jury trial with no expectation that a conviction can be supported by such an allegation.”).

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State v. Williams, 60 So. 3d 1189, 2011 La. LEXIS 599, 2011 WL 880281 (La. 2011).

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