State v. Pacquing

Defendant was charged with one count of Unauthorized Possession of Confidential Personal Information (UPCPI) for identifying himself to a police officer during two traffic stops by using the name and address of his former neighbor. Defendant moved to dismiss the charge as a de minimis violation of the UPCPI statute on the ground that his conduct did not actually cause or threaten the harm sought to be prevented by the statute. The circuit court dismissed the charge. The intermediate court of appeals (ICA) vacated the circuit court's dismissal order on the ground that the circuit court had not been presented with all of the relevant circumstances surrounding the offense as required under State v. Rapozo. The Supreme Court affirmed but for different reasons, holding that the circuit court abused its discretion in concluding that Defendant's conduct constituted a de minimis violation of the UPCPI statute because Defendant's conduct actually caused or threatened the harm sought to be prevented by the statute. Remanded. View "State v. Pacquing" on Justia Law