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614 So. 2d 4

M.C. v. State

District Court of Appeal of Florida

Decided February 9, 1993

District Court of Appeal of Florida · decided 1993-02-09

Cited by 2 later decisions — most recently June 1997

2 state decisions

Key passage — most relied on by later courts

“[t]o come between so as to be a hindrance or obstacle; impede.”

quoted by 1 later decision, including 695 So. 2d 477 - MC v. State

Relies on 515 So. 2d 161 - Carawan v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1993-02-09

View the full empirical analysis of this case →

FERGUSON, Judge.

¶1After leaving an afternoon football game, M.C. and friends came upon a railroad crossing arm device that had been tampered with so that it was stuck in the “down” position blocking traffic. No evidence was presented that M.C. caused the signal to malfunction.

¶2The juvenile lifted the arm for each vehicle crossing the railroad tracks while his companions asked the motorists for a quarter each in compensation for the service. The State charged M.C. with violating section 860.08, Florida Statutes (1991), which provides:

Any person ... who knowingly or willfully interferes with ... any railroad signal system used to control railroad operations ... or other signal used in connection with railroad operations is guilty of a felony of the third degree.

¶3We agree with M.C. that both the plain and ordinary meaning of the word “interfere”, and the principle of lenity favoring defendants in criminal cases, see Carawan v. State, 515 So.2d 161 (Fla.1987); § 775.-021(1), Fla.Stat. (1991), militate against the adjudication of delinquency on the facts of this case. “Interfere” means “[t]o come between so as to be a hindrance or obstacle; impede.” American Heritage Dictionary 669 (2d college ed. 1985). Where, as here, the device was already nonfunction-ing and obstructing the flow of traffic, the juvenile’s conduct in manually assisting the *5device’s ordinary function was not an interference.

¶4Reversed.

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