State v. Wolford Corp.

I dissent because section 558.46 does not clearly provide for criminal, as opposed to civil, punishment. In such a case, doubts must be resolved in favor of the defendant. See Rewis v. United States, 401 U.S. 808, 812, 91 S.Ct. 1056, 1059, 28 L.Ed.2d 493, 497 (1971) (“[Ajmbiguity concerning the ambit of criminal statutes should be resolved in favor of lenity.”).

The majority holds that section 558.46(2) is a criminal provision because it uses the word “fine.” While use of the word “fine” is probative, it is not determinative. 36A C.J.S. Fines § 2, at 206 (2003) (“[T]he terms ‘fine’ and…