People v. Christopherson

879 N.E.2d 1035, 377 Ill. App. 3d 752, 316 Ill. Dec. 647, 2007 Ill. App. LEXIS 1308
CourtAppellate Court of Illinois
DecidedDecember 19, 2007
Docket2-06-0839 NRel
StatusUnpublished
Cited by12 cases

This text of 879 N.E.2d 1035 (People v. Christopherson) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Christopherson, 879 N.E.2d 1035, 377 Ill. App. 3d 752, 316 Ill. Dec. 647, 2007 Ill. App. LEXIS 1308 (Ill. Ct. App. 2007).

Opinion

JUSTICE ZENOFF

delivered the opinion of the court:

The State seeks review of the trial court’s dismissal of the information charging defendant with the offense of unlawful delivery of alcoholic liquor to a person under the age of 21 (a minor) in violation of section 6 — 16(a) (iii) of the Liquor Control Act of 1934 (Act) (235 ILCS 5/6—16(a)(iii) (West 2004)). The trial court found that the statute was not intended to apply to minors who sell, give, or deliver alcohol to other minors. We find that the language of the statute prohibits the sale, gift, or delivery of alcohol to a minor by a person of any age; thus, we reverse and remand for further proceedings.

BACKGROUND

On or about March 17, 2005, defendant, who was 17 at the time, obtained a 30-pack of Lighthouse beer and 2 cases of Bud Light beer. Defendant gave some of this beer to Jamie L. Smith, a minor, who consumed it. After drinking the beer, Smith died in a one-car accident while driving.

On April 4, 2006, the State charged defendant with the unlawful delivery of alcoholic liquor to a minor. In response, defendant filed a motion to dismiss the charge. In her motion to dismiss, defendant alleged that the statute under which she was charged did not apply to her, because she was a minor at the time of the incident. Defendant argued that the statute was intended to prevent only persons over the age of 21 from providing alcoholic liquors to minors. Defendant also alleged that the statute was unconstitutionally vague.

After arguments on July 13, 2006, the trial court took the matter under advisement. On August 3, 2006, the trial court granted defendant’s motion to dismiss. Finding the language of the statute to be ambiguous, the trial court held that the legislative history demonstrated that the statute was intended to regulate the delivery of alcohol to minors only by persons over the age of 21. This timely appeal followed.

ANALYSIS

The State argues on appeal that the trial court erred in dismissing the charge against defendant, because the statute at issue does prohibit minors from distributing alcohol to other minors. When called upon to review a trial court’s construction of a statute, our review is de novo. People v. Robinson, 172 Ill. 2d 452, 457 (1996).

The primary goal in statutory construction is to ascertain and give effect to the intent of the legislature. People v. Pullen, 192 Ill. 2d 36, 42 (2000). In doing so, “we must assume that the legislature did not intend an absurd or unjust result.” Pullen, 192 Ill. 2d at 42. The first step is to examine the language of the statute — “the surest and most reliable indicator of legislative intent.” Pullen, 192 Ill. 2d at 42. If the statute does not provide a definition indicating a contrary legislative intent, words in a statute are given their ordinary and commonly understood meanings. People v. Liberman, 228 Ill. App. 3d 639, 648 (1992). Where the language is clear, the statute may not be revised to include exceptions, limitations, or conditions that the legislature did not express. People v. Goins, 119 Ill. 2d 259, 265 (1988). However, when two conflicting and reasonable interpretations exist, the statute is considered ambiguous, and a court may consider the legislative history of the statute as a construction aid. People v. Davis, 296 Ill. App. 3d 923, 927 (1998).

The relevant portion of the statute at issue in this case reads as follows: “No person, after purchasing or otherwise obtaining alcoholic liquor, shall sell, give, or deliver such alcoholic liquor to another person under the age of 21 years, except in the performance of a religious ceremony or service.” 235 ILCS 5/6 — 16(a)(iii) (West 2004). The question presented is whether the word “person” in the phrase “no person” includes a person under the age of 21. The State argues that it does. We agree.

“Person” ordinarily refers to “an individual human being.” Webster’s Third New International Dictionary 1686 (1993); Black’s Law Dictionary 1178 (8th ed. 2004). The term does not ordinarily refer only to people over the age of 21, or even to people of any specific age. In the initial sections of the Act, the legislature included definitions of 37 separate terms used throughout the Act. 235 ILCS 5/1 — 3.01 through 1 — 3.37 (West 2004). The term “person” is not included. We find that the legislature intended the common meaning of the term “person” because it did not include in the statute a contrary definition or age classification. Liberman, 228 111. App. 3d at 648.

That the legislature intended to use the ordinary meaning of “person” becomes especially evident when we examine the rest of the language in the statute. See People v. Acevedo, 275 Ill. App. 3d 420, 425 (1995) (“The language of a statute must be viewed as a whole, such that each section of the statute is examined in relation to every other section”). Within the same sentence as the term “person,” the legislature referred to a “person under the age of 21 years.” 235 ILCS 5/6 — 16(a)(iii) (West 2004). Subsection (a)(ii) prohibits delivery companies from delivering to “any person *** under the age of 21” a package labeled as containing alcoholic liquor and requires the signature of “an adult of at least 21 years.” 235 ILCS 5/6 — 16(a)(ii) (West 2004). “Any person at least 21 years of age” who pays for a hotel room knowing that it will be used by “any person under 21 years of age” to consume alcohol will be liable to anyone who is injured by the intoxicated minor. 235 ILCS 5/6 — 21(a) (West 2004).

These references to people within certain age ranges demonstrate that the legislature, if it intended to do so, clearly had the ability and knowledge to limit the term “person” to those over the age of 21. See In re Michael M., 364 Ill. App. 3d 598, 607-08 (2006).

In Michael M., the trial court determined the respondent to be unfit and terminated her parental rights, finding that she had a mental illness and was mentally impaired. She appealed, arguing that the State failed to prove she was unfit by producing clear and convincing evidence that she had a mental impairment, mental illness, mental retardation, or developmental disability. Michael M., 364 Ill. App. 3d at 605. At issue were the definitions of the terms “mental illness” and “mental impairment.” Under the relevant statutes, the terms “mental retardation” and “developmental disability” were defined as conditions that “originate prior to the age of 18.” Michael M., 364 Ill. App. 3d at 607.

The terms “mental illness” and “mental impairment,” however, were not explicitly defined in the Adoption Act (750 ILCS 50/1 et seq. (West 2004)), nor did the legislature refer to any specific definition in any other statute. The respondent argued that the State was required to prove that these conditions also originated prior to the age of 18. Michael M., 364 Ill. App. 3d at 607.

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Cite This Page — Counsel Stack

Bluebook (online)
879 N.E.2d 1035, 377 Ill. App. 3d 752, 316 Ill. Dec. 647, 2007 Ill. App. LEXIS 1308, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-christopherson-illappct-2007.