Commonwealth v. Teixera
488 N.E.2d 775, 1986 Mass. LEXIS 1180, 396 Mass. 746 (1986)
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Rule of Law:
To obtain a criminal conviction for nonsupport of an illegitimate child, the Commonwealth must prove beyond a reasonable doubt that the defendant had the financial ability or earning capacity to contribute to the child's support.
Facts:
- The mother of the child and the defendant, Teixera, met in August 1979 and were sexually intimate from August through December 1979.
- In late November 1979, the mother discovered she was pregnant and informed Teixera.
- Teixera suggested the mother have an abortion or place the child for adoption but did not offer to pay for any procedure.
- The child was born on June 30, 1980.
- In July 1980, the mother informed Teixera by telephone that he was the father of her son.
- The mother applied for welfare benefits for the child in September 1980.
- At trial, no evidence was presented regarding Teixera's financial circumstances or earning capacity.
Procedural Posture:
- A complaint was issued against the defendant, Teixera, for nonsupport of an illegitimate child in August 1981.
- Teixera was tried before a six-person jury in the District Court.
- During the trial, Teixera's motion for a required finding of not guilty was denied.
- The jury returned a verdict of guilty.
- After the verdict, Teixera's renewed motion for a required finding of not guilty was denied by the trial judge.
- Teixera filed an appeal of his conviction, and the Supreme Judicial Court of Massachusetts transferred the case on its own motion.
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Issue:
Does the Commonwealth, in a criminal prosecution for nonsupport of an illegitimate child under G. L. c. 273, § 15, bear the burden of proving beyond a reasonable doubt that the defendant possessed the financial ability or earning capacity to provide support?
Opinions:
Majority - Hennessey, C.J.
Yes, the Commonwealth must prove that the defendant had the financial ability or earning capacity to provide support. The statutory requirement that a parent 'neglects or wilfully refuses' to provide reasonable support implies an ability to do so. This interpretation is supported by related statutory sections that require courts to consider a defendant's financial ability or earning capacity when fashioning support orders after a conviction. Because the Commonwealth failed to introduce any evidence of the defendant's ability to pay, it failed to prove an essential element of the crime, and the defendant was entitled to a required finding of not guilty.
Analysis:
This decision establishes that a defendant's financial ability to pay is not merely a sentencing consideration but an essential element of the crime of criminal nonsupport in Massachusetts. It significantly increases the Commonwealth's evidentiary burden, requiring prosecutors to affirmatively prove the defendant's financial capacity, rather than forcing the defendant to prove inability to pay as a defense. This protects indigent defendants from being convicted of a crime for being unable, rather than unwilling, to provide financial support for a child.
