State v. EliasState v. Elias
Wilfrеd Elias, Jr. was charged by bill of information with contributing to the delinquency of a juvenile on September 2, 1976 in violation of
Defendant first contends the trial judge erred in denying his motion in arrest of judgment on the grоund that the offense with which he was charged is not punishable under a valid statute. When the instant offense was allegedly committed,
Whoever commits the crime of contributing to the delinquency of a juvenile shall be fined not more than one thousand dollars or be imprisoned in the parish prison for not more than two years, or both. (Emphasis added.)
Act 647 of 1968 provided:
Whoever commits the crime of contributing to the delinquency of a juvenile shall be fined not more than one thousand dollars, or imprisoned for not more than two years, with or without hard labor, or both. (Emphasis added.)
In State v. Seals, 343 So.2d 717 (La.1977), this court was presented with the issue of whether the City Court of Plaquemine had jurisdiction over a contributing to thе delinquency of juveniles charge under
In State v. St. Julian, 221 La. 1018, 61 So.2d 464 (1952), we outlined the pertinent rules as follows:
‘. . . [I]t is apparent that where the acts are in direct conflict the arbitrary rule, that the statute last in order of position will prevail, must be applied. This rule is recognized by the above quoted article of the LSA-Civil Code [LSA-C.C. Art. 23] with reference to laws where the former law is irreconcilable. There is no other reasonable rule that could be applied to conflicting statutes passed at the same session of the legislature than to hold that the later expression of the legislative will must govern.’
See also Dickerson v. Hennen, La.App., 249 So.2d 251 (1971); State v. Toups, La.App., 95 So.2d 55 (1957); 13 La.L.Rev. 606.
The Senate approved Act 486 on July 7, 1968, and Act 647 on July 9, 1968. The House of Representatives passed both acts on July 10, 1968. 1968 Legislative Calendar of the State of Louisiana, 31st Reg.Sess., 193-194, 333. Therefore, the last legislative action on both bills occurred on the same date. The Legislature maintains no record of the exact time of legislative actions. The Governor signed both bills on July 20, 1968. Hence, we must turn to other sources to determine which penalty provision was the later expression of legislative will.
Louisiana Constitution of 1921 Article 3, § 26 provided:
‘Whenever a bill that has been passed by both houses has been enrolled and placed in possession of the house in which it originated, the title shall be read, and at the request of any five members, the bill shall be read in full, when the Speaker of the House of Representatives or the President of the Senate, as the case may be, shall at once sign it in oрen house, and the act of signing shall be noted in the journal; thereupon the clerk or secretary shall immediately convey the bill to the other house, whose presiding officer shall cause a suspension of all other business to read and sign the bill in open session and without delay. As soon as bills are signed by the Speaker of the House and President of the Senatе, they shall be taken at once, and on the same day, to the Governor by the clerk of the House of Representatives or secretary of the Senate.’ (Emphasis supplied.)
Presuming, as we must, that the Legislature complied with the above constitutional mandate by promptly transmitting the bills to the governor, we think that the time of the governor‘s receipt is a proper guide in detеrmining the later expression of legislative will. State v. Toups, supra; 1956 Reports and Opinions of the Attorney General of Louisiana 121.
The Governor received Act 486 on July 11, 1968, at 12:30 p. m., and Act 647 on July 11, 1968, at 2:00 p. m. From the time of receipt, we conclude that Act 647
was the later expression of legislative will. . . .
Hence, at the time the instant offense was committed,
Defendant next contеnds that his motion in arrest of judgment was wrongfully denied on the ground that specific criminal intent is an essential element of the crime charged under
Defendant was charged with violation of
Contributing to the delinquency of juveniles is the intentional enticing, aiding or permitting, by anyone over the age of seventeen, of any child under the age of seventeen, and no exception shall be madе for a child who may be emancipated by marriage or otherwise, to:
.....
Visit any place where beverages of either high or low alcoholic content are the prinсipal commodity sold or given away;. . . (Emphasis added.)
Subsection B provides: “Lack of knowledge of the juvenile‘s age shall not be a defense.”
Although the presence of a “vicious will” or mens rea has long been a requirement of сriminal responsibility, many exceptions have been recognized. United States v. Freed, 401 U.S. 601, 91 S.Ct. 1112, 28 L.Ed.2d 356 (1971). In Morisette v. United States, 342 U.S. 246, 72 S.Ct. 240, 96 L.Ed. 288 (1952), a case involving the mens rea requirement as an element in the crime of conversion of government property, the United States Supreme Court examined at length the historical development of mens rea as an element of criminal conduct and recognized certain exceptions, including “sex offenses, such as rape, in which the victim‘s actual age was determinative despite defendant‘s reasonable belief that the girl had reached age of consent.” Crimes involving juveniles, historiсally recognized as a special class of persons in need of protection, often do not require knowledge of the child‘s age as an essential element.4
In examining
DECREE
Fоr the reasons assigned, the conviction and sentence are affirmed.
DIXON, J., concurs.
CALOGERO, J., dissents and assigns reasons.
CALOGERO, Justice, dissenting.
I am of the view that subsection B of
Notes
C. Whoever commits the crime of contributing to the delinquency of a juvenile shall be fined not more than five hundred dollars, or imprisoned for not more than six months, or both.
D. Whoever is charged and convicted of contributing to the delinquency of a juvenile under Paragraph (7) of Subsection A of this Section shall be fined not more than one thousand dollars, or imprisoned with or without hard labor for not more than two years, or both.
All laws shall take effect on the sixtieth day after final adjournment of the sessiоn in which they were enacted, and shall be published prior thereto in the official journal of the state as provided by law. However, any bill may specify an earlier or later effective date.
The Second Regular Session, 1976, under the Constitution of 1974 convened on May 10, 1976, and adjourned sine die August 2, 1976. The general effective date of laws enacted by the Seсond Regular Session, 1976, is October 1, 1976. Hence, Act 121 of 1976 is not applicable in the instant case.