Taylor v. Commonwealth

537 S.E.2d 592, 260 Va. 683, 2000 Va. LEXIS 126
CourtSupreme Court of Virginia
DecidedNovember 3, 2000
DocketRecord 992996
StatusPublished
Cited by31 cases

This text of 537 S.E.2d 592 (Taylor v. Commonwealth) is published on Counsel Stack Legal Research, covering Supreme Court of Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Taylor v. Commonwealth, 537 S.E.2d 592, 260 Va. 683, 2000 Va. LEXIS 126 (Va. 2000).

Opinions

SENIOR JUSTICE COMPTON

delivered the opinion of the Court.

This criminal appeal involves accomplice liability arising from the alleged abduction by a natural father of his illegitimate child. The question presented is whether the Court of Appeals of Virginia erred [686]*686in affirming the trial court’s judgment that the evidence was sufficient to convict.

In 1997, defendant Tomika T. Taylor was found guilty in a bench trial in the Circuit Court of Greensville County of abduction in violation of Code § 18.2-47 as a principal in the second degree, Code § 18.2-18. She was sentenced to eight years’ confinement, suspended except for time served prior to sentencing.

On appeal, a panel of the Court of Appeals reversed defendant’s conviction, holding the evidence was insufficient to convict. Taylor v. Commonwealth, 28 Va. App. 498, 507 S.E.2d 89 (1998). Upon a rehearing en banc, the Court of Appeals, in a 7-2 decision, withdrew the panel opinion and affirmed the trial court’s judgment, holding the evidence was sufficient to support the conviction on the theory of accomplice liability. Taylor v. Commonwealth, 31 Va. App. 54, 521 S.E.2d 293 (1999). We awarded defendant this appeal.

Employing settled principles of appellate review, we shall recite the facts in the light most favorable to the Commonwealth, the prevailing party in the trial court. In December 1996, Meshia Powell, age 16, and her ten-month-old son resided in Emporia. The child was the illegitimate son of Avery Moore, formerly of Hampton. The father resided in Decatur, Georgia, with defendant, his “fiance.”

On the day of this offense, December 26, there had been no custody or support proceedings involving the child in any court. The father, who was absent at the child’s birth, was paying no child support. He had seen the child only once, when the mother took the child to Hampton.

During the early morning hours of the day in question, the father and the defendant were en route from Hampton to Georgia. The couple stopped at the home of the mother’s aunt in Southampton County. The father told the aunt, that “he had come to take the baby.” He then spoke by telephone with the mother indicating “he had gifts for the baby,” and, upon defendant’s suggestion, told the mother that the child’s grandmother was in the car with the couple.

Upon arrival at the mother’s Emporia home, where she lived with her father, the couple “pushed” their way into the house. The child’s mother refused the natural father’s request to see the child. An argument ensued and the baby fell to the floor from the mother’s arms. Defendant and the mother “started fighting.”

During the melee, the defendant “passed” the child to his father, ran outside, “and jumped in the car.” She called to the child’s father to “hurry up, hurry up.” The father entered the vehicle with the child [687]*687and they left with the defendant driving. Shortly, the defendant was found with the child and the father in Atlanta, Georgia, where she was arrested.

At the time of this offense, and before its 1997 amendment, Code § 18.2-47 provided:

“Any person, who, by force, intimidation or deception, and without legal justification or excuse, seizes, takes, transports, detains or secretes the person of another, with the intent to deprive such other person of his personal liberty or to withhold or conceal him from any person, authority or institution lawfully entitled to his charge, shall be deemed guilty of ‘abduction’; but the provisions of this section shall not apply to any law-enforcement officer in the performance of his duty. The terms ‘abduction’ and ‘kidnapping’ shall be synonymous in this Code.
Abduction for which no punishment is otherwise prescribed shall be punished as a Class 5 felony; provided, however, that such offense, if committed by the parent of the person abducted and punishable as contempt of court in any proceeding then pending, shall be a Class 1 misdemeanor in addition to being punishable as contempt of court. Provided further, however, that such offense, if committed by the parent of the person abducted and punishable as contempt of court in any proceeding then pending and the person abducted is removed from the Commonwealth by the abducting parent, shall be a Class 6 felony in addition to being punishable as contempt of court.”

In this appeal, defendant contends that the Court of Appeals incorrectly affirmed her conviction, arguing that the trial court’s finding of guilt was erroneous both factually and legally. Factually, she says, relying on a version of the facts favorable to her, there was no evidence of a designed plan to take the child, only proof that the snatching was done on impulse. Legally, she says, there was no accomplice liability because the father had “legal justification,” in the words of the statute, to take the child “and thus could not be guilty ... of abduction of his own child.” We do not agree with defendant.

Initially, the law of accomplice liability should be reviewed. Generally, in the case of every felony, a principal in the second [688]*688degree may be indicted, tried, convicted, and punished in all respects as if a principal in the first degree. Code § 18.2-18.

A person who is present at the commission of a crime, inciting, encouraging, advising or assisting in the act done, is deemed to be an aider and abettor, and is liable as principal. Snyder v. Commonwealth, 202 Va. 1009, 1015, 121 S.E.2d 452, 457 (1961). However, “before the accessory to a crime can be convicted as such, it must be shown that the crime has been committed by the principal.” Id. at 1017, 121 S.E.2d at 458. But it is unnecessary that the principal should be convicted of the basic offense. Id.

The question then becomes whether the evidence establishes that the natural father, the alleged principal in the first degree, committed the crime of abduction of his illegitimate son.

The substantive provisions of the abduction statute are clear and unambiguous; they plainly permit prosecution of a father for the abduction of his child. The statute proscribes the conduct of “[a]ny person.” The only person exempted from that statutory term is “any law-enforcement officer in the performance of his duty.” See Diehl v. Commonwealth, 9 Va. App. 191, 194, 385 S.E.2d 228, 230 (1989).

There is no statutory exception for a parent. Indeed, the terms of the second paragraph of the statute specifically contemplate, in two places, the offense being “committed by the parent of the person abducted.” This is a clear indication of legislative intent that a child’s parent can be guilty of the crime of abducting it. That has not always been the law of Virginia. Formerly, parents were exempted from child abduction statutes. See Code of 1877-78, § 3713; Code of 1919, § 4409.

The next operative terms of the statute require proof that “by force, intimidation or deception” the child was taken, transported, detained or secreted with the intent to deprive the child of his personal liberty or to withhold it from any person lawfully entitled to his charge.

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Cite This Page — Counsel Stack

Bluebook (online)
537 S.E.2d 592, 260 Va. 683, 2000 Va. LEXIS 126, Counsel Stack Legal Research, https://law.counselstack.com/opinion/taylor-v-commonwealth-va-2000.